Judgment performance: individual problems

Abstract

It is investigated that the peculiarities of criminal responsibility and punishment of minors are its individualization, which is based on the maximum consideration of biological, psychological and social immaturity of minors. That is why the state flexibly reacts to such age peculiarities and establishes special rules of criminal-legal influence on such persons. One of the manifestations of individualization of juvenile punishment is an exhaustive list of types of punishment that can be applied to them and the terms of their execution and serving. Attention is drawn to the impossibility of imposing any of the penalties listed in the sanction due to certain age restrictions, restrictions and property status of the person. Such legal restrictions on the application of juvenile punishment lead to unfavorable conditions compared to adults who have committed the same criminal offenses, as the only possible type of punishment is imprisonment. In other cases, on the contrary, the juvenile is not subject to appropriate measures of criminal law and, accordingly, there is a situation of impunity. Thus, at the present stage of development of criminal law, the regulation of the system of juvenile punishment requires its renewal.
 It is investigated that in the draft Criminal Code of Ukraine the types of punishment for minors are reduced to fines, fines and imprisonment (Article 3.10.3 of the draft Criminal Code). Such a system of punishments is also not without flaws, as a person who has no income or property is sentenced to imprisonment (crimes of 1-3 degrees) (Article 3.1.7 of the draft Criminal Code "Sanctions"). Punishments such as community service, correctional labor and arrest have become part of probation.
 In resolving problematic issues of the application of punishment to minors, it is expedient to turn to international standards in the field of protection of the rights and freedoms of minors. International recommendations are aimed at "restricting or imprisoning a minor only as a last resort and for a minimum period" and "the need for the widest possible application of educational, labor, supervisory, educational, socially oriented, preventive non-criminal measures."