Problems and prospects of application of alternatives to imprisonment to minors

When establishing special regulations for non-custodial sentencing and execution of noncustodial penalties by the juveniles, current criminal and penal legislation does not take into account the age, crime characteristic of juvenile offenders, and sometimes is inconsistent with the principles of justice and personal fault liability. To solve the above problems in the criminal legislation, we should: - exclude the way of calculating the fine for minors in the amount of other income of the convicted person for the period prior to his conviction, ranging from two weeks to six months; - forbid to fine a minor depending on the consent of his parents or other legal representatives wish to pay the fine; - reduce the terms of criminal penalty in the form of deprivation of the right to be engaged in certain activities in comparison with the terms established for adult persons and also ban the increase of terms of this sentence imposed as an additional punishment, in the cases which are provided for in the relevant articles of the Special part of the Criminal Code of the Russian Federation up to 20 years; - prohibit the compulsory community service and corrective works for minors under the age of 16 years; - reduce the limits for deductions from the salary of the minors sentenced to corrective works; - provide for the possibility of replacing the imposed sentence (compulsory community service and corrective works, restriction of freedom, deprivation of the right to be engaged in a certain activity) by a more strict punishment for a malicious evasion of the convicted person from the performance of his duty to appear in a criminal and penal inspection for registration; - provide for the possibility of replacing a criminal penalty in the form of a ban to hold certain positions or to be engaged in a certain activity, imposed as the main sentence, in case of malicious evasion of the convicted person from execution of the requirements of the court sentence; The penal enforcement legislation must: - provide for penalties for persons sentenced to deprivation of the right to be engaged in certain activities, to corrective works and to those who are convicted conditionally; - include the employment service bodies into the number of the subjects participating in the organization of execution of sentences in the form of compulsory community service and corrective works; - codify the rule that the corrective works period should cover the time when the convicted person did not work for good reasons including those connected with the realization of his right to education; - provide for the establishing of the commission on affairs of minors and protection of their rights in Part 3, Article 40 of the Penal Code of the Russian Federation; - indicate in Part 3, Article 28 of the Penal Code of the Russian Federation that indemnification to the convict, connected with compulsory community service, shall be carried out in accordance with Articles 1064, 1084-1094 of the Civil Code of the Russian Federation.

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