Selected issues of the legislative regulation of compulsory educational measures

The article discusses compulsory educational measures as an institution of criminal law. Analysing the legislative regulation of these measures in the Criminal Code of the Russian Federation, the author identifies gaps that significantly affect the effectiveness of cumpul-sory measures in judicial practice. The main shortcomings of the legislative regulation include the lack of definition of the concept and objectives of compulsory educational measures and the grounds preventing their use in the Criminal Code of the Russian Federation. The greatest attention should be paid to the development of a system of educational measures, as the list of measures in Article 90 of the Criminal Code is of a closed type. A unified system of compulsory measures will allow the judiciary to select the most relevant to the nature and degree of public danger of the crime, the circumstances of its commission, and the identity of the perpetrator. In addition, it will be possible to replace the ineffective measure with a more stringent one. The analysis of judicial practice shows that transfer under the supervision of a specialised state body causes the greatest difficulty in interpretation, since, according to law enforcement officers, such bodies include departments of juvenile affairs and protection of their rights, internal affairs bodies, etc. The resolution of this problem requires recording the name of such a body at the legislative level. In order to make these measures more effective, it is necessary to assign the transfer to the supervision of a specialised body, regardless of the chosen measure. As far as the current criminal law provides only the possibility of abolishing compulsory educational measures in the case of a person's unlawful behaviour, it is most advisable to provide for norms of a stimulating action aimed at those minors who do not violate these measures.

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