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Non Performance or Improper Performance of Child Protection Responsibilities: Criminal and Criminological Aspects

Ganna Sobko1, Oleksandra P. Hryshchenko2, Oleg Sheremet3 , Olena I. Bugera4 & Ihor V. Hrytsiuk5

Abstract
The purpose of the article is to study theoretical and practical aspects
related to criminal liability for failure to perform child protection responsibilities
by persons entrusted with these responsibilities. A number of research methods
were used in the work such as formal-dogmatic, comparative-legal, sociological
and hermeneutics. The article analyzes the case law and identifies gaps in the
criminal liability legislation that affect the lack of social responsibility of persons
in charge of a child care. Moreover, on the basis of the conducted survey, there
were found out criminal offenses which are directly linked to the non-performance
of child‟s protection responsibilities, particularly domestic violence in different
forms. Accordingly, a number of theoretical conclusions and proposals were
formulated to improve the rules of liability for non-performance or improper
performance of child protection duties by persons assigned with these
responsibilities.

Keywords: duty to protect childhood, illegal actions, repeated criminal
offense, exemption from criminal liability, juvenile (youth)
justice.