Compulsory educational measures: A comparative legal study

Taking into account the global changes that have taken place in modern society, there is an urgent need for the Russian society to find an effective response to the unlawful behaviour of minors. Compulsory educational measures for minors without a criminal record and their effectiveness are becoming increasingly important with every year. The author believes that the study of any social and legal problem requires the study of foreign experience. So does the study of compulsory educational measures. The subject of this research is the foreign criminal law, which provides positive experience for the Russian criminal law. Various approaches to the treatment of juvenile delinquents can be found in the legislation of Germany, Sweden, Denmark, England, Poland, and Spain. The analysis of compulsory educational measures in these countries has shown that the rule regulating the application of an alternative educational measure rather than criminal punishment is an effective tool to put adolescents on the path of correction. The author draws attention to the existing system of normative acts regulating the problems of juvenile justice, which lacks in the Russian legislation. The researcher concludes that in the corresponding Russian institution is regulated only by the norms of the Criminal Code related to the causes and types of educational measures, while it turns out to be very difficult for the law enforcement officer to understand their content. The researcher argues that there is an urgent need for a comprehensive study of the problem based on studying the personality of a minor, factors, causes and conditions affecting their unlawful behaviour, the current norms regulating the system of measures applied to persons who committed a crime under the age of 18, as well as social institutions involved in this process. Such a study, combined with positive foreign experience, will make it possible to develop the most effective cardinal, innovative approach to the treatment of first-offender juveniles.

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