Criminal Defense Of Juveniles As A Factor Ensuring Social Welfare In Russia

The object of the composition of retail sales of alcoholic products to minors.

According to researchers, the main direct object of the retail sales of alcoholic products to minors is a set of social relations that ensure their normal physical, mental, moral and spiritual development and upbringing of a minor, his / her rights and legitimate interests (Rarog & Brilliantov, 2015).

Thus, researchers define the object of criminal-legal protection of the studied measure with different degree of specificity. So for a more accurate and succinct definition of the direct object of a crime, you must articulate the concept of all the above concepts. So, physical development is a dynamic process of growth (increase in height and body mass and development of organs and body systems, etc.) and biological maturation of the child in a certain period of childhood (Mazurin & Vorontsov, 1986). Mental development is the performance of methods, forms and contents of human thinking (Borisova & Gurevich, 1997). Spiritual and moral development is the assimilation and implementation of practical action and behavior of higher spiritual values of the younger generation (Adamova, 2008). Principles and norms, based on the criteria of good and evil, lies and truth in the relationship of people to each other, to family and society are understood as fundamental one under moral values (Khablieva, 2009).

These concepts are interrelated and interdependent and are the basic conditions for the wellbeing of the adolescent in society. It is impossible or difficult to assimilate knowledge and skills while having physical health, but mental disorders. Physical disorders also hinder the process of assimilation of knowledge and skills. Without moral and spiritual development of the individual cannot be learned behaviors, social norms and values. Accordingly, the physical, mental, spiritual, moral development is a necessary component of normal socialization of adolescents and its social well-being. From the point of view of psychology, it is accepted to understand normal socialization as a process of learning patterns of behavior, attitudes, social norms and values, knowledge, skills for successful functioning in society by the human individual (Avdeevа et al., 2004). In this regard, the normal physical, mental, moral, spiritual development and education of minors in the criminal-law protection should be considered as a complex concept. This concept can be described as normal socialization of minors. Thus, public relations ensuring the normal socialization of minors should be seen as the direct object of the crime.

However, alcohol has a negative impact not only on the normal socialization of minors. The harm is caused or may be caused to the health of minors, bought and consumed alcoholic products. Alcohol has a devastating impact on physical and mental development of minors, adversely affects its condition, forming various kinds of diseases. This situation occurs for the following reason. The body of a teenager is in a stage of rapid development. He does have formed system of the liver (the organ, neutralizing a variety of alien substances, in particular allergens, poisons and toxins). He is not ready to aggressive influence of alcohol.

Thus, the studied essential elements of offence have two objects of a crime, because the criminal offence causes damage not only to the public, ensuring the normal socialization of minors, but also to their health or threatens to cause such harm due to the rapidly destructive effects of alcohol.

Alcohol products are considered as the subject of the crime. The concept of alcoholic products is determined by the regulatory law on production and turnover of ethyl alcohol, alcoholic and alcohol-containing products. A key characteristic for determining the alcohol is ethanol content (above 0.5%) in the volume of final products. alcohol-containing products of artisan sector should be included in alcoholic products. But it should contain more than 0.5 percent of ethyl alcohol in the final product.

Offense against the object is made through the impact on the person either by such effects on things or other material objects in the commission of many crimes. This offense prejudices the legally protected interests of the individual, causing the person criminal damage (physical, property or moral). (Sungurov & Tarkhanov, 2009).

The sale of alcoholic products is a criminal action through an object (alcoholic products) directed to minors. The process of his normal socialization is breaking and it causes his health harm, or there is a threat of causing such harm. The mechanism of criminal influence on the object of the crime provided for by the article 151.1 of the Criminal Code, allows you to select the victim as a required characteristic. This victim is a minor.

The objective side of essential elements of offence of retail sales of alcoholic products to minors.

The essential elements of offence provided for by article 151.1 of the criminal code, are formal elements.

Therefore, the objective side of article 151.1 of the Criminal Code is characterized by socially dangerous act. This act is the retail sale of alcoholic products to minors, committed repeatedly.

The term “retail sale” means a business activity, the subjects of which are exclusively individual entrepreneurs and legal entities. Therefore, private traders, people using other forms and methods of delivering of alcohol (exchange, donation, exchange, giving a loan etc.), including the Internet, left outside the scope of criminal and legal impact.

For this reason, the term "sale" alcoholic products are offered to be replaced with the term "distribution" as the modern design essential elements of offence provided for by the article 151.1 of the Criminal Code of the Russian Federation establishes responsibility only for the retail sale.

The term "distribution" covers any sale of (trade in legal networks, trade), as well as other forms and means of delivering (exchange, donation, exchange, giving a loan etc.) of alcoholic products to minors.

However, the term "distribution" should not include such forms of alienation that are connected with all forms of its consumption. For example, the adult hands to minors the alcohol which is drunk with him; here are signs of involvement of minors in systematic alcohol.

Subjective elements and signs of essential elements of offence of retail sales of alcoholic products to minors.

The subject of crime is a specific subject that has the following features: it is an individual of age, repeatedly engaged in sales of alcoholic products to minors.

It is necessary to consider the repeated commission by a person of the same offences as a specific feature of the subject of a crime.

In relation to the crime provided for by the article 151.1 of the criminal code, the duplicity is expressed as follows. First, the person must sell alcoholic products to minors more than once. Secondly, the person should be earlier brought to administrative liability provided for by the part 2.1 of article 14.16 AOC RF. Thirdly, it should not have passed more than one year after an administrative penalty coming into legal force.

Consequently, the legal nature of the duplicity of essential elements of offence provided for by article 151.1 of the Criminal Code of the Russian Federation, is expressed through administrative prejudice.

Initially, the legislator has abandoned the administrative prejudice in Criminal Code of the Russian Federation. Such denial was based on the position of those researchers who believed that a socially dangerous act is characterized only by objective features of the act. But the social practice faced with the fact that it is often quite difficult to establish the distinction between social danger of the crime and the severity of the administrative offence, especially in those cases when criminal features were judgment features. For this reason, in recent time, the scope of these acts, responsibility for which is stipulated according to the regulation of administrative prejudice is growing.

In addition, the use of regulations of administrative prejudice in criminal law has repeatedly received attention in the President's of the Russian Federation message. So, it is said in the Message 2009 that we should make greater use of so-called administrative preclusion in criminal law. Message 2015 once again draw our attention to the need of decriminalization of several articles of the Criminal Code of the Russian Federation and transfer of offences not representing a great social danger in the category of administrative offences, where only repeated misconduct must already be qualified as a criminal act.

Supporting a legislator who returned to the use of administrative regulations in the criminal law, we rely on the work of those researchers who claimed, that the social danger of the criminal act, depends not only on objective but on subjective features, in particular stability of its infringing behavior. For example, Filimonov, 1973; Malkov, 2006; Prozumentov, 2007.

The fact of bringing a person to administrative responsibility has important criminal meaning because, despite the negative assessment of the actions of a person from the judiciary, expressed in the decision on administrative punishment, a person commits the same offense one more time. Public danger intensifies in this situation, becoming anti-social, or getting personal orientation that underlies the criminalization of a person.

In addition, during the period when the person subjected to administrative punishment, he / she is in the administrative punishment. It is during this period in case of repeated violation of the same regulation under the threat of criminal punishment, a person is characterized by social danger.

Thus, the duplicity in article 151.1 of the Criminal Code must be understood as a feature of the subject of essential elements of offence, who has antisocial personality traits and is the source of criminal behavior, and which is expressed through the fact of a prior imposition of an administrative penalty under part 2.1 of article 14.16 AOC RF in the period when the person is subjected to administrative punishment.

The subjective side of a crime provided for by article 151.1 of the Criminal Code, is characterized only by direct intent, which lies primarily in the realization of the actual nature of his act (minor's age), its social importance (by their actions causes harm to minors), and also the wrongfulness of his acts (violates the prohibition of selling alcohol to minors and does not execute obligation to establish age of the buyer).

However, awareness of the wrongfulness of the act does not mean that the seller must necessarily know the content of the regulation, provided for by the article 151.1 of the Criminal Code. Awareness of the illegality of the sale of alcohol to minors results from the regulatory legislation and generally accepted standards of education of adolescents in society, and also from the fact that earlier the seller when committing administrative offences was notified against receipt about threatening to be prosecuted for repeated commission of a similar act.

Therefore, awareness of the age of the customer is a mandatory element of direct intent, wherefore it is proposed to complement the article 151.1 of the Criminal Code with such element, as the sale of alcoholic products to minors, "designedly by the seller".