ШЛЯХИ ВДОСКОНАЛЕННЯ ШТРАФУ ЯК ВИДУ ПОКАРАННЯ НЕПОВНОЛІТНІХ У КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ

Abstract

The article analyzes the problematic issues of applying criminal punishment in the form of a fine to minors, compared to community and correctional works. There is an opinion that the fine as a type of punishment has a rudimentary character and therefore has lost its relevance. However, any type of punishment must be considered based on the very phenomenon of punishment and its features, the juvenile offender, who in most cases is a victim of brutal treatment, involved in begging, drunkenness or other anti-social activities, or is generally a victim of criminogenic influence before convictions. The characteristics that affect the development of the personality of minors and the state of criminal behavior of minors were considered, this is determined by the psychophysiological and socio-psychological characteristics of the minor offender. That is why the biosocial and psychophysiological characteristics of minors must be taken into account in legislation and law enforcement practice when deciding on the admissibility of a particular type of punishment for minors. Psychophysical characteristics of a minor include emotional lability, lack of critical thinking, lack of ability to timely and fully assess the situation, biosocial ones include lack of physical ability to cause resistance, etc. Today, the state shows humanism, thereby giving priority to the best interests of a minor who has come into conflict with the law. The author is convinced that such reformation of the criminal legislation would significantly improve the work with juvenile offenders and would provide the desired results, since, based on the frequency of punishment in the form of a fine to minors, its presence in the Criminal Code is only nostalgia and conservatism of the domestic legislator. Each person must be personally responsible for the committed socially dangerous influence and, if he cannot fulfill the punishment in the form of a fine, the legislator provided, although not ideal, an alternative – community and correctional works. It is manifested in this the principle of individualization of punishment. Key words: correctional works, public works, institution of juvenile punishment, court practice, fine.