THE SYSTEM OF COERCIVE CRIMINAL AND LEGAL MEASURES CONCERNING JUVENILES

Abstract

Purpose of the article is outlining the system of criminal and legal measures that can be imposed on juveniles, determining characteristics of both punitive and non-punitive nature, criminal and legal measures within the context of their application to juveniles. Methods. The following methods have been used in the article: analysis and synthesis, hermeneutical and formal-legal methods. Results. The authors divide all the coercive criminal and legal measures to punitive and non- punitive measures. Punishment and conviction as punitive and coercive measures of educational nature are regulated in a separate chapter of the Criminal Code of Ukraine. The features of other coercive measures as to juveniles are premised on the systemic interpretation of rules established in criminal legislation as well as in other legal acts. Considering punishment as a punitive measure, the authors state that any additional circumstances subject to the imposition of punishment significantly narrow the possible list of punishments with the legislator's proposed system of penalties for juveniles. The statistical data concerning the recent years sentencing give evidence to the aforementioned conclusion. Referring to non- punitive measures, it is established that since different grounds for applying coercive measures of educational nature are envisaged in criminal legislation and in addition they are the same in all cases of their application, differing measures of influence on juveniles in case of their release from criminal liability or punishment shall be stipulated. The individuals under the age of criminal liability to have committed socially dangerous acts shall be beyond the framework criminal and legal liability. The peculiarities of the application of coercive measures of medical nature as to juveniles are analyzed and the impossibility of juveniles’ placement in psychiatric institutions with strict supervision is indicated herein. It is established that compulsory treatment, special confiscation, deprivation of the right to drive vehicles can be applied to juveniles; the peculiarities of the application of these measures are manifested in the age from which application hereof is possible. The inconsistency of civil and criminal legislation regarding the age of individuals who may be designated a compensatory measure of an educational nature i.e. the obligation to compensate the property damage caused by a juvenile who has property, funds or earnings is emphasized. Conclusions. The general conclusion that rules to regulate the kinds and the order of coercive measures application as to juveniles need further improvement is provided by the authors.