Do parents of young bloggers face criminal punishment?

Millions of subscribers following the romance of 13-year-old Pasha Pai and 8-year-old Mila Makhanets are now following the development of events with no less interest.

Will parents of minors incur any punishment for posting provocative pictures on the network and other actions that caused a scandal in society? Understood

The scandalous incident was reacted by experts – lawyers, law enforcement officers, psychologists and the children’s ombudsman Nikolai Kuleba, who saw signs of child pornography and molestation in the posted content. The latter immediately applied to several instances at once – the Ministry of Internal Affairs, the General Prosecutor’s Office, and the cyber police. What threatens the parents of children – deprivation of parental rights or a criminal sentence? Or maybe such acts are not punishable?

The account of an 8-year-old woman from Kiev is kept by the girl’s mother Daria, advertising is also on her. All questions on cooperation can be discussed on her page, where the link indicated on Mila’s page leads. Lawyer Anna Malyar believes that this “novel” was invented with the expectation of profit from advertisers: “Actually, for the sake of these earnings on advertising, my mother made a seductive woman out of an 8-year-old girl for perverts.” True, some commentators are still confident in the sincerity of the feelings of Mila and Pasha. However, the lawyer is sure of the opposite and does not hesitate in expressions:

Content for pedophiles is often made by parents themselves with their children. Someone does hardcore for closed sites, and someone is open for Instagram, etc. The possibility of earning money on the fact that someone will masturbate in the photo of your child, and then look for him to commit criminal acts is quite strange and dangerous, as for loving parents. However, you can always say that you are perverts if you saw a sexual object in an 8-year-old girl, and we just took a beautiful photo, and in general this is an art that you do not understand. But where is the limit? The line is very simple and obvious. A child can be dressed in baby clothes and baby bows, or you can a la moulinruj and make a seductive woman out of a girl. Yet this limit is understood.

Igor Mosiychuk, a former People’s Deputy of Ukraine, also did not remain indifferent. … He is convinced that specialists should be involved in the situation, everything that happens can easily become an “inspiration” for maniacs:

As for me, this story requires the immediate intervention of the National Police, the state guardianship authorities, the children’s ombudsman and the public. The girl in the photo is called Mila Makhanets, she lives in our Kiev, she is 8 years old, and she, at the suggestion of her sick mother Daria, is a blogger, a laikar, a fashion model. Mile created a media image of sexual relations with Pasha, who is only 13 years old. Think about it – she is 8, and he is 13! All this promotion on Mila and Pasha’s social networks is very, very close to child pornography and is a fertile soil that, like honey, attracts and stimulates pedophiles to act.

Anastasia Dyakova, creator of the educational project # stop_sexting and advisor on human security on the Internet under the Deputy Prime Minister, draws attention to:

According to the rules of Instagram, registration in the application is allowed from the age of 13. This means that if the administration of the social network sees that the child’s age is less, it can simply delete this profile. And one more question – it is important that this child now does not face bullying in the digital space and at school, as there is increased attention to it and an active negative position is developing. In such a situation, the child can very easily become a victim of bullying.

So what about parental responsibility? Lawyers believe that what is happening has signs of several criminal offenses at once. This online behavior of both children and their parents, according to lawyers, has signs of several criminal offenses at once. Among them are crimes against sexual freedom and personal inviolability, as well as dissemination of information about sexual activity with the participation of minors. Lawyer Ivan Starosta explains:

Assessing the actions of parents of young children in the context of their legitimacy, it can be argued that they contain signs of the so-called “intellectual” form of corruption of minors (Article 156 of the Criminal Code of Ukraine), since they cover photographing minors in various sexual positions and commenting on them in an appropriate indecent context. Obviously, photographing is preceded by conversations with children who have not reached puberty on explicit sexual topics, which in itself has signs of lecherous actions. Moreover, the publication of these pictures on public networks can be assessed as the production and distribution of pornographic objects. Parents for distributing such content with the participation of minors can face up to 12 years in prison (Article 301 of the Criminal Code of Ukraine). The deprivation of parental rights is not excluded.

Anastasia Dyakova adds that such actions on the network also fall under the article for grooming – establishing contacts with a child for the purpose of sexual violence:

After the President signed Bill No. 3055 (as part of the implementation of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) – Ed.), An article on grooming came into effect. It provides for imprisonment from 2 to 5 years. That is, there is responsibility for the establishment of such relations, even if the violence did not occur, but the intention is proven. The same law introduced a punishment of up to 5 years for committing acts of a sexual nature with a child under 16 years of age. In this case, we can also talk about article 156 “Corruption of minors” and the term is up to 3 years. That is, at least this is corruption, but the final decision must be made by law enforcement agencies and the prosecutor’s office.

But practice is rarely on friendly terms with theory, says Anna Malyar and speaks of the need for special expertise:

Of course, without expertise in the framework of criminal proceedings, these photos will not be called corruption that parents commit in relation to children, because without expertise, this is just a private opinion. At the same time, it may not come to the examination, because corruption does not allow people with money to be criminally liable.

And some, like, for example, lawyer Rostislav Kravets, do not see the prospects for criminal prosecution of the participants in the scandal:

There are no elements of child pornography in the photos themselves. There are no naked bodies or defiant behavior. Moreover, the photos were taken in the presence of parents, or maybe the parents themselves took these pictures. You can moralize for a long time about the public sexualized relationship of an eight-year-old girl and a 13-year-old boy, but all this trash happens with the consent and in the presence of parents. Therefore, I see no prospects in a criminal case.

Ivan Starosta draws attention:

Regardless of whether the parents of these young children bear legal responsibility for their behavior, which obviously balances on the brink of criminal acts, this is clearly not done in favor of the children themselves and persons who, with their attention to this “activity”, do not support this entirely moral behavior. Therefore, parental actions deserve a response from child protection services and law enforcement agencies. And definitely, the formation of such views will not be in favor of the normal physical, mental and social development of minors. quotes the resume of Rostislav Kravets: “The parents achieved their goal – they drew attention to this scandal. In my opinion, the purpose of this story is to promote the accounts of children and get subscribers.”

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