Об отдельных аспектах принудительных мер воспитательного воздействия на несовершеннолетних

Abstract

The humanization of criminal and penal policy at the present stage is especially clearly manifested in relation to minors, in particular, when they are released from criminal liability through the use of compulsory educational measures. The article examines the history of the formation of the analyzed legal institution, the step-by-step process of its development, draws conclusions about the current state, the number and content of educational measures, provides statistical data on their application, reveals the problems existing in this area. In particular there is an insignificant share of the use of educational measures by the courts, while maintaining a high proportion of juvenile crimes of small and medium gravity. It is stated that the existing judicial practice is due to the presence of gaps in the criminal legal regulation of the use of measures of educational influence, and their implementation is associated with the shortcomings of the legislation that determines the state policy in relation to children and adolescents. On the basis of an analysis of existing problems as well as an assessment of foreign experience in applying similar measures to minors options for their solution are proposed related to the adoption of certain regulatory legal acts or amendments to existing ones that determine the mechanism for implementing measures of educational influence; creation of a state body with appropriate competence; the expansion of the participation of public organizations in the context of the reduction of special educational institutions of a closed type.