Порівняльно-правовий аналіз застосування примусових заходів виховного характеру щодо неповнолітніх в Україні та деяких зарубіжних країнах

Abstract

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.