On the need to change the regulations for the application of compulsory educational measures
Presently, both law enforcers and scientific community recognise the problems related to the application of compulsory educational measures to juvenile offenders. These problems are caused by misunderstanding of the substantive part of the measures under consideration, improper or superficial legislative framework, a reduced list of types and possibilities of their application, and insufficient effectiveness of government compulsory measures. This entails changes to Articles 90 and 91 of the Criminal Code of the Russian Federation in terms of definition of compulsory educational measures as well as their grounds and restrictions. It should be noted, that Article 90 of the Criminal Code largely requires amendments, as the insufficient variety of measures and their low preventive component hinder a more differentiated approach. The author suggests the following types of compulsory educational measures applied to minors minor: 1) a duty to compensate for the damage caused; 2) restriction of leisure and special requirements for the behaviour of a minor; 3) placement in a specialised open-type educational institution. In addition, application of any of the listed types of compulsory educational measures must entail the placement of a minor under the supervision and control of a specialised state body for a more effective control. The author believes that the court should only be able to bring the minor to criminal liability in the event of systematic non-enforcement by the minor of the compulsory educational measures and that it is necessary to fix the possibility to modify the appointed measures through addition and replacement. Amendments to the criminal law in the field of the compulsory educational measures will result in the most effective system that meets the requirements of the modern policy of humanisation of criminal liability, as well as a more individual approach to the remediation of a juvenile offender.
Keywords
принудительные меры воспитательного воздействия, несовершеннолетний преступник, освобождение от уголовной ответственности, compulsory educational measures, juvenile offender, exemption from criminal liabilityAuthors
Name | Organization | |
Repieva Anna M. | Barnaul Law Institute of the Ministry of Internal Affairs of Russia | anna-repeva@yandex.ru |
References

On the need to change the regulations for the application of compulsory educational measures | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2018. № 12. DOI: 10.17223/23088451/12/7