К ВОПРОСУ О ПОНЯТИИ И СИСТЕМЕ МЕР УГОЛОВНО-ПРАВОВОГО ВОЗДЕЙСТВИЯ, ПРИМЕНЯЕМЫХ К НЕСОВЕРШЕННОЛЕТНИМ

Abstract

The article examines the system of measures of criminal and legal influence applied to minors who have committed socially dangerous acts in the domestic legislation. The question is raised about the definition of the concept of other measures of a criminal legal nature and their systematization. Based on the results of a comparative analysis of various points of view on the essence and system of other criminal law measures, the author identifies three approaches that can be traced in the positions of scientists on the interpretation of the content of other criminal law measures in the scientific literature: narrow formal interpretation, broad formal interpretation and interpretation based on a certain set of characteristic features and properties. It is noted that the systematization of other measures of a criminal-legal nature at the present stage of the existence of domestic legislation is extremely difficult due to insufficient legal regulation of this institution. Differentiating the concepts of "punishment", "other measure of a criminal-legal nature", "measure of criminal-legal impact", the author offers his own classification of measures of criminal-legal impact. When categorizing these measures against minors, criteria such as delinquency, the presence or absence of criminal liability, the form of implementation of measures of criminal legal impact are taken into account.