Вестник БГУ. Юриспруденция
Bibliographic description:
, SPECIFIC FEATURES OF THE APPLICATION OF COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE IN RELATION TO MINORS // Вестник БГУ. Юриспруденция. - 2020. №3. . - С. 48-53.
Title:
SPECIFIC FEATURES OF THE APPLICATION OF COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE IN RELATION TO MINORS
Financing:
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Annotation:
Based on the study of the judicial practice of the Zheleznodorozhny District Court
of Ulan-Ude of the Republic of Buryatia, the materials of criminal cases, the article examines
the features of the application of compulsory measures of educational influence against
minors. In his work, the author, based on the analysis of statistical data, examined in detail
the options for applying the above measures in criminal cases in relation to the accused who
are minors; disclosed the conditions for the release of minors from criminal liability; pointed
out the difficulties arising in resolving the issue of the use of educational measures; identified
the main reasons why the application of the above measures is impossible. Analyzing the
criteria and conditions for the application of such measures, he comes to the conclusion that
coercive measures of educational influence differ from criminal punishment in that they are
educational in nature, do not entail a criminal record and are not considered as punishment;
directly or indirectly depend on the category of the crime committed, the age of the minor,
the number of acts committed by him, the presence or absence of a criminal record, and their
application is possible only if the court recognizes that his correction can be achieved without
criminal punishment.
of Ulan-Ude of the Republic of Buryatia, the materials of criminal cases, the article examines
the features of the application of compulsory measures of educational influence against
minors. In his work, the author, based on the analysis of statistical data, examined in detail
the options for applying the above measures in criminal cases in relation to the accused who
are minors; disclosed the conditions for the release of minors from criminal liability; pointed
out the difficulties arising in resolving the issue of the use of educational measures; identified
the main reasons why the application of the above measures is impossible. Analyzing the
criteria and conditions for the application of such measures, he comes to the conclusion that
coercive measures of educational influence differ from criminal punishment in that they are
educational in nature, do not entail a criminal record and are not considered as punishment;
directly or indirectly depend on the category of the crime committed, the age of the minor,
the number of acts committed by him, the presence or absence of a criminal record, and their
application is possible only if the court recognizes that his correction can be achieved without
criminal punishment.
Keywords:
accused minors; peculiarities of using compulsory measures of educational influence; termination of criminal prosecution; release of a minor from criminal liability and punishment.
List of references:
Article.pdf