Inclusion of De Facto Guardians in the Category of Subjects with Enhanced Liability under Articles 150–151 of the Russian Criminal Code: Social Justification and Interdisciplinary Approach

Abstract

While recent amendments to criminal legislation in 2022 have strengthened the protection of minors’ rights and lawful interests, however, they have failed to address the differentiation of liability for involving minors in criminal or antisocial activities based on the characteristics of the perpetrator. Meanwhile, the issue remains relevant, as the current list of liable parties under Articles150–151 of the Russian Criminal Code requires expansion. The author’s argument is based on an assessment of the social justification of the criminal law in this part as well as research in family law concerning the concept of de facto upbringing. Studies in this field have established a substantive analogy between the relationships arising from de facto upbringing involving various family members of different degrees of kinship or affinity and parent-child relationships involving biological or adoptive parents, particularly in terms of upbringing. To evaluate the social justification of these criminal prohibitions as a mandatory requirement for criminal law, the author applies the theory of social statuses and roles, which helps identify the behavioral expectations associated with different family members’ statuses, including criminogenic behaviors such as exerting negative influence on minors within de facto upbringing arrangements.