Title
Krivičnopravna zaštita polne slobode maloljetnika
Creator
Živković, Mirko M., 1984-
CONOR:
56653065
Copyright date
2016
Object Links
Select license
Autorstvo-Nekomercijalno 3.0 Srbija (CC BY-NC 3.0)
License description
Dozvoljavate umnožavanje, distribuciju i javno saopštavanje dela, i prerade, ako se navede ime autora na način odredjen od strane autora ili davaoca licence. Ova licenca ne dozvoljava komercijalnu upotrebu dela. Osnovni opis Licence: http://creativecommons.org/licenses/by-nc/3.0/rs/deed.sr_LATN Sadržaj ugovora u celini: http://creativecommons.org/licenses/by-nc/3.0/rs/legalcode.sr-Latn
Language
Serbian
Cobiss-ID
Theses Type
Doktorska disertacija
description
Datum odbrane: 08.06.2016.
Other responsibilities
Academic Expertise
Društveno-humanističke nauke
University
Univerzitet u Nišu
Faculty
Pravni fakultet
Group
Katedra za krivično-pravne nauke
Alternative title
Criminal protection of juveniles' sexual freedom
Publisher
[M.Živković]
Format
442 lista
description
Biografija: list 442.
Bibliografija: listovi 404-441.
description
Criminal Law
Abstract (en)
Actions defined as criminal acts that endanger sexual freedom in general, especially sexual freedom of juveniles, are one of the most serious threats to the social system, individual rights and freedoms. Through various forms of aegis, such as criminal legal protection as ultima ratio, contemporary society protects its citizens from acts which endanger their freedom and rights. Sexual freedom is declared as one of the most important civilization ideas, and within the legal protection of sexual freedom of an individual, there was recognized need for special protection of specific categories of society, such as children and juveniles.
It is very complex to provide an adequate legal protection of minors' sexual freedom, and it requires multidisciplinary approach. Due to lack of mental and physical development of minors that makes them unready for sexual relationships, they represent a category that requires special treatment in criminal law.
Doctoral thesis Criminal Legal protection of juveniles' sexual freedom consists of two mutually connected segments which complement each other and form a complete approach to this complex problem. First part of the thesis represents theoretical part where theoretical material is systematized and analysis of the system of the legal protection of minors' sexual freedom has been conducted. Second part represents research of the frequency of the manifestations of these criminal acts, as well as social reaction through repressive measures.
Systematization of available historical material, which refers to the protection of minors’ sexual freedom in the world, especially upon the territory of the Republic of Srpska, has been conducted within the first chapter. Actions that contemporary society recognizes as an abuse of sexual freedom, in accordance with the contemporary worldviews, can be recognized in the historical structure, as well as various forms of social reactions and endeavor of the society to protect itself from these actions.
In the second chapter of the thesis, the most important international documents that protect human rights are systematized and analyzed, as well as the most important international documents that protect sexual freedom of the minors, and documents relating protection of
VII
juveniles as specifically vulnerable group of the society that requires special approach. Then, the systematization of comparative criminal law rescripts from other countries is carried out. With direct application of comparative legal methods, we learned about social worldviews and direct normative solutions which serve to protect sexual freedom of minors. Throughout the application of these methods, we have analyzed the criminal law of former Yugoslav republics, countries of Eastern European area, such as: the Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the Russian Federation, but also the area of Continental Europe with countries like: the Kingdom of Sweden, the Kingdom of Spain, the Republic of Austria, the Federal Republic of Germany, and the French Republic.
A positive criminal legislation of the Republic of Srpska and Bosnia and Herzegovina is analyzed in the third, central chapter. All criminal acts, defined in positive legislation as acts of violation on sexual freedom of minors, are analyzed using legal dogmatics as method. While some of criminal acts are individual in the sense that directly provide protection of the minors, many others provide protection within qualified forms of criminal acts, as well as with more severe punishments.
Special part of this thesis is part where empirical approach to criminal legal protection of the sexual freedom of the minors is conducted. In the empirical part of the work, in the fifth chapter, information relating to the frequency and prevalence of the forms that endanger sexual freedom of minors on the territory of the Republic of Srpska, are being analyzed, unified and systematized. Volume, structure and dynamics of commiting those criminal acts on the territory of the Republic of Srpska, are also analyzed, such as policy of criminal prosecution and policy of criminal penalty in the Republic of Srpska.
Authors Key words
krivično djelo, maloljetnik, polna sloboda, ugrožavanje, odgovornost, krivična sankcija
Authors Key words
criminal act, juvenile, sexual freedom, endangering, responsibility, criminal penalty
Classification
343.541-053.2/.6(043.3)
Subject
S121;
S149
Type
Tekst
Abstract (en)
Actions defined as criminal acts that endanger sexual freedom in general, especially sexual freedom of juveniles, are one of the most serious threats to the social system, individual rights and freedoms. Through various forms of aegis, such as criminal legal protection as ultima ratio, contemporary society protects its citizens from acts which endanger their freedom and rights. Sexual freedom is declared as one of the most important civilization ideas, and within the legal protection of sexual freedom of an individual, there was recognized need for special protection of specific categories of society, such as children and juveniles.
It is very complex to provide an adequate legal protection of minors' sexual freedom, and it requires multidisciplinary approach. Due to lack of mental and physical development of minors that makes them unready for sexual relationships, they represent a category that requires special treatment in criminal law.
Doctoral thesis Criminal Legal protection of juveniles' sexual freedom consists of two mutually connected segments which complement each other and form a complete approach to this complex problem. First part of the thesis represents theoretical part where theoretical material is systematized and analysis of the system of the legal protection of minors' sexual freedom has been conducted. Second part represents research of the frequency of the manifestations of these criminal acts, as well as social reaction through repressive measures.
Systematization of available historical material, which refers to the protection of minors’ sexual freedom in the world, especially upon the territory of the Republic of Srpska, has been conducted within the first chapter. Actions that contemporary society recognizes as an abuse of sexual freedom, in accordance with the contemporary worldviews, can be recognized in the historical structure, as well as various forms of social reactions and endeavor of the society to protect itself from these actions.
In the second chapter of the thesis, the most important international documents that protect human rights are systematized and analyzed, as well as the most important international documents that protect sexual freedom of the minors, and documents relating protection of
VII
juveniles as specifically vulnerable group of the society that requires special approach. Then, the systematization of comparative criminal law rescripts from other countries is carried out. With direct application of comparative legal methods, we learned about social worldviews and direct normative solutions which serve to protect sexual freedom of minors. Throughout the application of these methods, we have analyzed the criminal law of former Yugoslav republics, countries of Eastern European area, such as: the Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the Russian Federation, but also the area of Continental Europe with countries like: the Kingdom of Sweden, the Kingdom of Spain, the Republic of Austria, the Federal Republic of Germany, and the French Republic.
A positive criminal legislation of the Republic of Srpska and Bosnia and Herzegovina is analyzed in the third, central chapter. All criminal acts, defined in positive legislation as acts of violation on sexual freedom of minors, are analyzed using legal dogmatics as method. While some of criminal acts are individual in the sense that directly provide protection of the minors, many others provide protection within qualified forms of criminal acts, as well as with more severe punishments.
Special part of this thesis is part where empirical approach to criminal legal protection of the sexual freedom of the minors is conducted. In the empirical part of the work, in the fifth chapter, information relating to the frequency and prevalence of the forms that endanger sexual freedom of minors on the territory of the Republic of Srpska, are being analyzed, unified and systematized. Volume, structure and dynamics of commiting those criminal acts on the territory of the Republic of Srpska, are also analyzed, such as policy of criminal prosecution and policy of criminal penalty in the Republic of Srpska.
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