IMPROVEMENT OF COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE IN THE CRIMINAL LAW OF RUSSIA
Journal: PENAL LAW
Volume 17 № 4
, 2022
Authors:
1.
University of Internal Affairs of Mongolia
2.
Perm Institute of the Federal Penitentiary Service of Russia
Type:
Article
Pages:
from 536
to 542
Status:
Published
Received:
07.12.2022
Accepted:
10.12.2022
Published:
15.12.2022
Subject area:
UDK 343.2 Общая часть уголовного права
Language:
Russian
Keywords:
compulsory measures of educational influence, minors, exemption from criminal liability, categories of crimes, serious crimes
Abstract (English):
According to Article 90 of the Criminal Code of the Russian Federation, one of the grounds for the use of coercive measures of educational influence is the commission of a crime of small or medium gravity. Taking into account statistical data on the state of juvenile delinquency for 2017-2021, the specific weight of the types of crimes under consideration in the total mass of registered crimes, international standards for the treatment of juvenile offenders, as well as the need to humanize criminal law policy, it is proposed to improve the institution under consideration by expanding the grounds for compulsory measures of educational influence. It is necessary to provide for the possibility of exemption from criminal liability of persons under the age of 18 for committing serious crimes that are not directed against life and health, public safety, as well as the peace and security of mankind. At the same time, in the case of exemption from criminal liability with the use of coercive measures of educational influence in the commission of a serious crime, it is proposed to establish a 5-year period for their application
According to Article 90 of the Criminal Code of the Russian Federation, one of the grounds for the use of coercive measures of educational influence is the commission of a crime of small or medium gravity. Taking into account statistical data on the state of juvenile delinquency for 2017-2021, the specific weight of the types of crimes under consideration in the total mass of registered crimes, international standards for the treatment of juvenile offenders, as well as the need to humanize criminal law policy, it is proposed to improve the institution under consideration by expanding the grounds for compulsory measures of educational influence. It is necessary to provide for the possibility of exemption from criminal liability of persons under the age of 18 for committing serious crimes that are not directed against life and health, public safety, as well as the peace and security of mankind. At the same time, in the case of exemption from criminal liability with the use of coercive measures of educational influence in the commission of a serious crime, it is proposed to establish a 5-year period for their application
Keywords:
compulsory measures of educational influence, minors, exemption from criminal liability, categories of crimes, serious crimes
compulsory measures of educational influence, minors, exemption from criminal liability, categories of crimes, serious crimes
1. Tahautdinova A. R., Danilina N. Zh., Mescheryakova O. Yu. Prinuditel'nye mery vospitatel'nogo vozdeystviya: ponyatie i problemy pravovogo regulirovaniya // Vektor nauki Tol'yattinskogo gosudarstvennogo universiteta. Seriya: Yuridicheskie nauki. 2020. № 3(42). S. 49-54
