ISSUES OF "CHILDREN" DEFINITION IN ARTICLE 357 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION ("GENOCIDE")

The article studies definition of "children" used in in Article 357 of the Criminal Code of the Russian Federation. The author defines the main characteristics of forcible transfer of children as a way of genocide. Understanding of the term allows understanding how the forcible transfer of children affects the object of the crime. The article gives the term's characteristic by analysing when child's parents are considered as members of national, ethnic or religious group and at what age people are considered children according to Article 357 of the Criminal Code of the Russian Federation. Features of the above mentioned groups are developed in terms of their understanding in court practice of international criminal tribunal.The data received from questionnaire survey leads to an important conclusion that a person has to be under age 16 to be considered a child according to Article 357 of the Criminal Code of the Russian Federation.