Problems of exemption from penal responsibility of minors by applying compulsory measures of educational influence to them

Abstract

The educational impact on juvenile offenders, which is one of the key state problems that require constant attention from legislators, law enforcement agencies, other interested institutions and the whole society as a whole, is considered. The main purpose of the article is to highlight the problems of applying coercive measures of educational influence. To achieve this goal, an analysis of theoretical provisions, norms of criminal law and examples of judicial practice on the release of adolescents from liability with the appointment of compulsory measures of educational influence, provided for in articles 90–92 of the Criminal Code of the Russian Federation, was carried out. It is noted that in the overwhelming majority of cases, minors begin “their criminal career” with the commission of disciplinary offenses or administrative offenses. Administrative offenses committed for the first time or crimes of small and medium gravity still make it possible to achieve a positive result in the correction of a teenager by releasing him from criminal responsibility with the use of compulsory measures of educational influence. Attention is focused on the fact that formalism in the work of law enforcement structures, shortcomings and problems in the legal regulation of these measures of coercive influence by no means always prevent the involvement of minors in a criminal lifestyle. Based on the results of the study, specific proposals were formed to increase the effectiveness of the impact of the regulatory requirements of Articles 90–92 of the Criminal Code of the Russian Federation on minors.