ДО ПИТАННЯ ПРО ВИДИ ІНШИХ ЗАХОДІВ КРИМІНАЛЬНО-ПРАВОВОГО ХАРАКТЕРУ ЩОДО НЕПОВНОЛІТНІХ: НОРМАТИВНИЙ ПІДХІД

Abstract

Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the mental state, prevent committing of new offenses against minors, coercive measures of medical nature are applied. Namely they are: providing compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with regular supervision; hospitalization in a psychiatric institution of intensive care; hospitalization in a psychiatric institution under strict supervision. Special confiscation is a compulsory, gratuitous seizure by a court of state property of money, property and other property and applies to a minor in general. Determining the type of coercive measure takes place in court and depends on the severity of the crime and other circumstances. Coercive measures of educational nature are measures aimed at educating minors, providing additional control over them and preventing from committing of new socially dangerous actions. Types of such measures are warnings; restriction of leisure and establishment of special requirements for minor’s behavior; transferring under the supervision of parents or persons replacing them, or teaching or work staff with their consent, or individual citizens at their request; imposing on a minor who has reached the age of fifteen and has property, money or earnings, the obligation to compensate for the property damage caused; referral of a minor to a special educational institution and appointment of a minor educator. Key words: juvenile criminal law, Criminal Code of Ukraine, coercive measures of medical nature, special confiscation, coercive measures of educational nature, punishment.