Article 154. Illegal adoption
Illegal actions of adopting children, placing them under guardianship (trusteeship), for upbringing in foster families, committed repeatedly or for mercenary reasons -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to six months.
- Article 153. Substitution of a child
- Article 155. Disclosure of the secret of adoption
Commentary to Art. 154 of the Criminal Code of the Russian Federation
The object of the crime is the family structure, the interests of the family.
The objective side of the crime is expressed in the commission of illegal actions for the adoption of children, placing them under guardianship (trusteeship), for upbringing in foster families, committed repeatedly or for selfish reasons.
The disposition of the commented article is blanket, and to determine the illegality of the corresponding actions, it is necessary to refer to the norms of the RF IC, the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation), Resolution of the Government of the Russian Federation of March 29, 2000 N 275 “On approval Rules for transferring children for adoption and monitoring the conditions of their life and upbringing in adoptive families on the territory of the Russian Federation and Rules for registering children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons with consular offices of the Russian Federation,” Resolution Government of the Russian Federation dated November 4, 2006 N 654 “On the activities of bodies and organizations of foreign states for the adoption of children on the territory of the Russian Federation and control over its implementation.”
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NW RF. 2000. N 15. Art. 1590.
NW RF. 2006. N 46. Art. 4801.
Issues of adoption were considered by the Supreme Court of the Russian Federation in Resolution No. 8 of April 20, 2006 “On the application of legislation by courts when considering cases of adoption of children.”
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Bulletin of the Supreme Court of the Russian Federation. 2006. N 6.
The adoption procedure, legal issues, its consequences and upbringing of a teenager in a foster family are regulated respectively by Chapters 19 and 21 of the RF IC, issues of guardianship (trusteeship) - by Federal Law of April 24, 2008 N 48-FZ “On guardianship and trusteeship”, art. Art. 31 - 40 of the Civil Code of the Russian Federation and Chapter 20 of the RF IC. According to Part 1 of Art. 124 of the RF IC, adoption is allowed in relation to minor children and only in their interests. As follows from Art. 31 of the Civil Code of the Russian Federation, guardianship and trusteeship are established to protect the rights and interests, as well as for the purpose of raising a minor.
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NW RF. 2008. N 17. Art. 1755.
The victims in cases of illegal adoption or transfer to a foster family (Articles 124, 151 of the RF IC) may be minors, i.e. persons under eighteen years of age; in the case of establishing guardianship - minors, i.e. children under fourteen years of age, and in case of establishment of guardianship (clause 2 of article 145 of the RF IC) - minors aged from fourteen to eighteen years.
The objective side may consist of a violation of the terms of adoption, establishment of guardianship, trusteeship, transfer of a minor to a foster family, committed contrary to the instructions of Art. Art. 127, 146, 153 of the RF IC, according to which adoptive parents, guardians, trustees, foster parents cannot, for example, be persons deprived of parental rights by a court or limited by a court in parental rights, as well as persons who, for health reasons, cannot fulfill the duties on raising a child.
Responsibility for illegal actions to adopt a child, transfer him to guardianship (trusteeship) or to a foster family in the absence of selfish motives and the sign of repetition is provided for in Art. 5.37 Code of Administrative Offenses of the Russian Federation.
Repeated action is understood as the performance of actions that are identical in the legal sense, two or more times. In fact, non-identical acts of behavior can also constitute repetition, for example, illegal actions of adoption and subsequent illegal actions of transfer into guardianship or foster care. Also, the simultaneous execution of documents in relation to two or more children will be recognized as repeated.
The corpus delicti is formal. The crime is considered completed from the moment the actions specified in the disposition of the article are performed.
From the subjective side, these acts are characterized by direct intent. The culprit is aware that he is unlawfully committing acts of adoption or transfer to guardianship (trusteeship) or foster families, and wishes to commit these acts. A mandatory feature of the subjective side is selfish motives, i.e. the desire to obtain material benefits from illegal adoption, the establishment of guardianship and trusteeship. A typical example of this, as practice shows, is the desire to use the living space or property of an adopted person or ward.
The characteristics of a special subject are not specified in the disposition of Art. 154 of the Criminal Code of the Russian Federation. Therefore, we can say that the subject of the crime in question is common. But in fact, a crime can be committed by judges who made a decision on the adoption of a child, by government officials who register the adoption, by employees of guardianship and trusteeship authorities who transfer children into guardianship, trusteeship, into foster families, as well as by other persons who carried out the actions in question using false documents .
Cases regarding the adoption of a child are within the jurisdiction of courts of general jurisdiction (Article 269 of the Code of Civil Procedure of the Russian Federation), and if the subject of the crime is a judge and he deliberately makes a deliberately unjust decision on adoption, then liability also arises under Art. 305 of the Criminal Code of the Russian Federation.
These actions may be associated with falsification of documents on the basis of which adoption is carried out, guardianship or trusteeship is established. In such cases, liability arises from the combination of two crimes: Art. 154 and the corresponding part of Art. 327 of the Criminal Code of the Russian Federation.
If illegal adoption involves the introduction by an official, as well as a civil servant or employee of a local government body who is not an official, into official documents of knowingly false information, as well as the introduction of corrections into these documents that distort their actual content, and if these acts were committed out of selfish or other personal interest, then liability also arises under Art. 292 of the Criminal Code of the Russian Federation.
If falsified documents served as evidence in a civil case, then liability also arises under Part 1 of Art. 303 of the Criminal Code of the Russian Federation.
Cases of illegal adoption, which are a hidden form of trafficking in minors, must be qualified under the totality of Art. Art. 127.1 and 154 of the Criminal Code of the Russian Federation.
Also, this type of crime is often associated with bribery and abuse of power, which also requires additional qualifications.
Judicial practice under Article 154 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated December 23, 2019 N 222-APU19-5
Testimony of Davranov himself, witnesses Kh., T., K.A., specialist D., examined in court, and other evidence underlying the verdict , including copies of procedural documents issued by the investigator of the Investigation Department at the Internal Affairs Directorate ... region of the Republic of Uzbekistan on the initiation of criminal cases against citizens M. and I. under paragraph “b” of Part 2 of Art. 223 of the Criminal Code of the Republic of Uzbekistan (illegal travel abroad committed by a group of persons by prior conspiracy), Part 1 of Art. 244- Criminal Code of the Republic of Uzbekistan (creation, leadership, participation in religious extremist, separatist, fundamentalist or other prohibited organizations), Part 12 of Art. 154 of the Criminal Code of the Republic of Uzbekistan (mercenarism), and in relation to M., in addition, under paragraph “g” of Part 3 of Art. 244- of the Criminal Code of the Republic of Uzbekistan (production, storage, distribution or display of materials containing a threat to public safety and public order, committed using the worldwide information network “Internet”), confirm Davranov’s awareness of M. and I.’s involvement in the activities of a terrorist organization.
“The fake-throwers will land.” The Criminal Code of the Russian Federation will be supplemented with an article for fakes about a special operation in Ukraine
Disseminators of fake news about Russia's peacekeeping operation in Ukraine may begin to face criminal charges. The corresponding bill was submitted to the State Duma by deputies from the Committee on Security and Anti-Corruption. Speaker of Parliament Vyacheslav Volodin has already supported this initiative.
From the very beginning of the special operation to protect civilians in Donbass, hundreds of false reports about the actions of the Russian Armed Forces in Ukraine began to appear on the Internet. False informants tried to intimidate users using photos and videos showing supposedly captured Russian soldiers, but these images were often staged or archival.
Thus, on February 24, the Security Service of Ukraine (SBU) published photographs of two Russian servicemen who “surrendered” to the Ukrainian army. The fake was identified instantly: snow is visible in the background, but it melted in the patrimony of President Vladimir Zelensky in early February.
https://t.me/shortDPR/15289
A little later, a fake “colonel of the Russian Guard” appeared before the audience, chanting the Nazi slogan “Glory to Ukraine.” It turned out that the gifted “front-line actor” is currently serving in the Armed Forces of Ukraine. Users found his page on social networks, where he poses in a uniform with blue and yellow chevrons.
On the morning of February 25, Ukrainian media began disseminating a video of a burning nine-story building in the center of Kyiv, claiming that a Russian fighter had crashed into it. Within a few hours, it became clear that the culprit of the incident was in fact a Ukrainian Su-27, and it was shot down, according to the American television channel CNN, by an “unknown missile”, which was mistakenly fired by the Ukrainians themselves.
Another “fake” has collected more than 4 million views on YouTube. The recording from the car recorder allegedly captured the bombing of the territory of Ukraine by Russian troops. It turned out that the video was filmed back in January 2015 during another escalation of the conflict between the Ukrainian Armed Forces and fighters from the Donetsk and Lugansk People's Republics.
Federal News Agency / Andrey Tyunnikov
Fakes about “Russian aggression”, confessions of “prisoners” and the destruction of Russian equipment are multiplying at such a speed that the creator of the Telegram messenger Pavel Durov has threatened to limit the work of some channels in Russia and Ukraine.
“We do not want Telegram to be used as a tool that aggravates conflicts and incites ethnic hatred. I urge users from Russia and Ukraine to be suspicious of any data that is being distributed on Telegram at this time,” the programmer wrote.
Russian President Vladimir Putin has already called on Russians not to believe reports that are fabricated and actively distributed by some users and media receiving funding from abroad. To stop the information chaos, State Duma deputies began to develop a bill on criminal liability for the spread of fakes.
Maxim Kudryavtsev , a member of the State Duma Committee on Information Policy, Information Technologies and Communications, told Politics Today , it is planned to adopt amendments to the criminal code by the end of next week.
“An extraordinary meeting has been scheduled for Friday [March 4] and two extraordinary ones next week. I think we will consider it and accept it. An urgent and necessary measure, because the stream of lies that is pouring on our soldiers and officers who are clearing Nazi employees from fraternal soil must be stopped,” the deputy is confident.
duma.gov.ru / State Duma of the Federal Assembly of the Russian Federation 2022
According to the people's representative, sanctions for Russians who help sow panic in society will be “serious.”
“As soon as several fakes get sentenced to real terms, I think the rest will be discouraged. They [Ukraine] will not be able to deceive the Russians. They mislead the citizens of their own country. For them, this is now task number one,” the PS interlocutor emphasized.
Earlier, the head of the Ukraine department of the Institute of CIS Countries, Ivan Skorikov , said that the European Union will not have time to supply military assistance to Ukraine in the form of combat aircraft and lethal weapons. Details are in our material.
