Современное состояние практики применения уголовного наказания в виде лишения свободы на определенный срок в отношении несовершеннолетних

Abstract

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.