The subject of involving minors in the commission of crimes, other unlawful or antisocial actions

The article discusses the subject of involving minors in the commission of crimes and other illegal or antisocial activities. The scientific novelty of the study lies in substantiating a comprehensive approach to defining the subject of involving minors in the commission of crimes and other illegal or antisocial activities, according to which age is a necessary but insufficient characteristic of a special subject. The author suggests considering the actual psycho-emotional and social superiority of the offender over the victim as a criterion of increased social danger of the act, which allows for a more precise differentiation of criminal responsibility. The theoretical significance of the work lies in clarifying the concept of a special subject in the context of crimes against the interests of minors, as well as in distinguishing between the institutions of involvement and complicity, which contributes to the development of the theory of complicity in crime and the doctrine of the subject of crime. The work employs a dialectical method of cognition, as well as general scientific and special methods such as analysis, synthesis, comparative legal, systemic-structural, and formal-legal methods. As a result of the conducted research, it is established that the person that involves the minors in the commission of crimes and other illegal or antisocial acts is special; however, its status is determined not only by reaching the age of 18 but also by the presence of objective signs of dominance (the ability to influence the will and consciousness of the minor, psycho-emotional and social superiority, authoritative or dominant position, etc.). At the same time, for certain crimes characterized by increased social danger (for example, involvement in terrorist crimes, prostitution, drug use), the legislation allows for the prosecution of minors from the age of 16, which indicates a differentiated approach to the subject of the respective offenses depending on the nature of the protected objects.