Conceptual Bases of Reforming the Institute of Compulsory Measures of Educational Influence

In the present article, compulsory measures of educational influence as a kind of release of minors from criminal liability are considered. The authors analyzed in detail the legislative regulation of coercive measures of educational influence within the Criminal Code of the Russian Federation. The analysis proved the lack of elaboration of this institution, which is expressed in the absence of a comprehensive presentation of criminal law regulations in Art. 90 and 91 of the RF Criminal Code. Taking into account the educational and preventive potential of coercive measures, the authors proposed the concept of reforming the legal regulation that consists of several directions. The first thing the authors pay close attention to is the development of the concept of coercive measures of educational influence, which will allow to learn their legal nature. Another direction of the concept is the reform of the grounds for application of forced measures of educational influence as the existing list of grounds enshrined in Part 1 of Article 90 of the RF Criminal Code must be elaborated on. The authors consider it necessary to consolidate the possibility of imposing coercive measures of educational influence only in the case of a first-time crime. In addition, there is a need for a legislative consolidation of the concept of correction, which is the purpose of the application of the measures under study. In addition to fixing the grounds, the absence of a list of grounds that prevent the application of this institution should be recognized as a gap in the criminal laws on the regulation of coercive measures of educational influence. The most serious direction of the concept is the development of types of coercive measures of educational influence. According to the authors, the types of measures proposed by the legislator in Article 90 of the RF Criminal Code are insufficient for a more differentiated approach, on the one hand, and have a low preventive component, on the other. In this connection, it is necessary to build a system of coercive measures of educational influence with its subsequent consolidation in the RF Criminal Code. It seems necessary to delete some of the measures from the current list. In particular, it is clear that the warning of parents or guardians and supervision over them do not seem to be effective. In addition, the placement of a teenager in a special educational institution of an open type, which is currently missing in the list of measures provided for in Article 90 of the RF Criminal Code, has a large correctional potential. The proposed changes to improve the institution of coercive measures of educational influence will undoubtedly contribute to the spread of law enforcement.

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