Under 16 years of age - immature
Today, on March 14, 2018, the Verkhovna Rada of Ukraine adopted the Law «On Amendments to the Criminal Code of Ukraine concerning protection of children from sexual abuse and sexual exploitation», which articles 155, 156 and 302 of the Criminal Code of Ukraine are set out in the new version.
In particular, changes in art. 155 of the Criminal Code concern a victim of a crime who, with the entry into force of the Code, will be recognized as a person under the age of 16 (by comparison, in the current version, a person who has not attained puberty). That is, now, a 16-year-old person will certainly be considered as not having reached puberty.
In this connection, the Verkhovna Rada of Ukraine has today adopted as the basis of the draft law «On amendments to article 242 of the Criminal Procedure Code of Ukraine», namely, the deletion from the list of grounds for mandatory expert examination of such grounds, as the establishment of puberty in criminal proceedings concerning crimes provided for in the article. 155 Criminal Code of Ukraine.
In addition, art. 156, para. 2. Family members and close relatives are included in the list of persons who may be the subject of such offences, and Art. 302 Criminal Code of Ukraine (establishment or maintenance of places of debauchery and pimping) was supplemented by part four, which provides for liability for acts committed with the involvement of a minor.
Such changes would certainly help to bring national legislation into line with international standards for the protection and observance of children’s rights.
The Act will enter into force as soon as it is published.