System of punishments for the minors: the ways of improving

Abstract

The research deals with the standing system of punishments for minors and its analysis in the context of cases when it is impossible to appoint any of the punishments, foreseen by sanction. The author arrives at the conclusion that the stated problem is related to the legal regulation of the General Part of the CC of Ukraine provisions, as far as it is the General Part of the CC of Ukraine that regulates the kinds, terms and amounts of the punishments for the minors, so that the legislator shall not go beyond these limits while constructing the sanctions of the Special Part of the CC of Ukraine articles. The author deals with the different ways of solving this problem. The first way is to broaden the application of imprisonment for the certain term to the minors in the similar cases, particularly combining it with the exemption from serving the punishment on probation under Articles 75–78, 104 of the CC of Ukraine. At the same time, the author underlines that imprisonment for the certain term is one of the severest punishments, consequently it shall be appointed not in every criminal proceedings, as far as in such case the appointed punishment shall not correspond the severity of criminal lawbreaking, as well as it shall not take into account the person of guilty. The second way is the legal regulation of substituting the appointed punishment. In fact, it goes about supplementing the sanction with the other alternative kinds of punishments. At the same time, this variant does not solve the problem completely, as far as it can`t be applied in case of committing the criminal offence. The author substantiates the conclusion that solving this problem requires the more versatile approach, so that the problem should be solved in the context of improving the system of punishments that shall be applied to the minors. As a result, the author suggests certain improvements, in particular it goes about broadening the sphere of applying the punishments of public works and restriction of liberty, as well as about involving the minor convicts in the other educational measures.