A UNIFIED REGISTER OF PERSONS CONVICTED OF CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: BETWEEN LEGISLATIVE INTENT AND THE REALITY OF LAW ENFORCEMENT

Abstract

The article examines the current and socially significant problem of combating sexual violence against minors in Ukraine by creating and operating a Unified Register of Persons Convicted of Crimes Against the Sexual Freedom and Integrity of a Minor. The author justifies the need to strengthen criminal liability and long-term control over such persons due to the risk of relapse, which does not disappear after serving the sentence. The focus is on the analysis of legislative innovations, in particular Law No. 409-IX of 2019, which introduced the register. The article examines in detail the legal basis for creating a database containing information about convicted persons even in cases where the criminal record has already been extinguished. At the same time, discrepancies are found between the declared mechanisms and the practice of their implementation. In particular, courts do not always indicate in their verdicts the need to enter data into the register, and the register entries themselves are often not checked when accepting candidates for positions in institutions working with children. The author argues that the current regulations are ineffective, emphasizes the legislative gaps that allow convicted persons to avoid real restrictions on employment, and proposes clear amendments to a number of laws. This includes, in particular, establishing a lifelong ban on working with children for persons included in the register, without the possibility of appeal, unless the conviction is overturned. Particular attention is paid to the issues of the legal status of such persons, conflicts with the concept of a criminal record, and the need to develop a separate legal category – restrictive measures that do not depend on the term of the sentence served, but are valid until the moment of exclusion from the register. Thus, the work highlights not only weaknesses in the field of combating crimes against the sexual integrity of minors, but also offers a holistic mechanism for their elimination. The article is an important contribution to the development of a child-centered approach in criminal law, and the proposed amendments can serve as the basis for improving legislation in the field of protecting the rights of the child.