Abstract
The purpose of this study is to examine the institute of coercive measures of educational influence from the perspective of the possibility of combining the criminal-law regulation and correctional influence exercised within the framework of other branches of law. The methodological basis is a longitudinal study of persons released from criminal punishment using compulsory measures of educational influence, the article analyzes the peculiarities of juvenile delinquency of a special category. The study is based on a full sample of juveniles held in closed-type special educational institutions in the Siberian Federal District (300 sentences in total) and on a sample of 100 sentences against persons subjected to the measures provided for by criminal law. The result of the study is that the regulation of coercive measures of educational influence by criminal law alone is clearly not enough; the disciplinary process requires more soft norms that would reflect the age characteristics of juveniles. The novelty of the study lies in the reasonable conclusion that such norms are contained in the administrative, civil, and family branches of law, which are involved in the subsidiary regulation of legal relations arising as a result of the release of a minor with the use of coercive measures of educational influence.
Highlights
Adolescents who conflict with the law can often be corrected by other methods than adults due to their age
Consideration of any institute of criminal law as a complex should consider the possibility of subsidiary legal regulation of legal relations, which are the subject of criminal law, by other branches
The institution of compulsory measures of educational influence, which is applied to minors when they are released from criminal punishment, can be attributed to complex institutions of criminal law
Summary
Adolescents who conflict with the law can often be corrected by other methods than adults due to their age. The repressive nature of the criminal law does not always have the possibility of applying variable methods of correction. Consideration of any institute of criminal law as a complex should consider the possibility of subsidiary legal regulation of legal relations, which are the subject of criminal law, by other branches. The institution of compulsory measures of educational influence (in particular, the placement of a minor in a CTSEI), which is applied to minors when they are released from criminal punishment, can be attributed to complex institutions of criminal law.
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