DISCUSSION QUESTIONS OF THE CONCEPT AND OBJECTIVES OF CRIMINAL LIABILITY OF MINORS

Vladimir Golubovskiy
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Abstract

The main direction of the state is that the state is not able to abandon the measures of state coercion against minors, but, nevertheless, takes into account the characteristics of this age category. Investi-gating the criminal liability of minors, most often it is considered as a legal relationship between sub-jects of law, regulated by the norms of criminal law. The process of realization of this kind of respon-sibility takes place within the framework of legal relations between subjects. In this variant, responsi-bility cannot be identical with legal relations in its content, since one of the subjects, in this case a minor, is forced to undergo restrictions for an action that he committed in the past. The determining factor is that responsibility is dominated by the concept of the fact itself or the ac-tual action aimed at the implementation of the suffering of these deprivations, which are contained in the criminal law, that is, they are not limited only to the obligation to suffer such facts. Thus, we can talk about criminal liability as the responsibility of a minor from the moment the court decision enters into legal force, namely, from the moment the verdict comes into force.
探讨未成年人刑事责任的概念和目标问题
国家的主要方向是国家不能放弃对未成年人的国家强制措施,但仍考虑到这一年龄组的特点。对未成年人刑事责任的追究,往往被视为一种法律主体之间的法律关系,由刑法规范加以规范。这种责任的实现过程是在主体间法律关系的框架内进行的。在这种变体中,责任在其内容上不能与法律关系相同,因为其中一个主体,在这种情况下是未成年人,被迫为他过去所犯的行为受到限制。决定性的因素是,责任是由事实本身的概念或旨在实施这些剥夺所造成的痛苦的实际行动所支配的,这些概念载于刑法中,也就是说,它们不仅限于遭受这些事实的义务。因此,我们可以从法院判决发生法律效力的那一刻起,即从判决生效的那一刻起,将刑事责任视为未成年人的责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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