Compulsory measures of educational influence as an element of the institution of exemption minors from criminal liability and punishment

Abstract

The article is aimed at the scientific understanding of the legal nature of compulsory educational measures in the structure of special types of exemption of minors from criminal liability and punishment. Based on the analysis of the legal connection between the act of exemption from criminal liability, the act of exemption from punishment and compulsory educational measures, the shortcomings of the legal regulation of the application of these measures have been identified, as well as their heterogeneous legal nature. It is argued that exemption from criminal liability marks the end of criminal law relations and excludes the application of any criminal law measures to a person. However, a minor is subjected to compulsory educational measures after being exempted from criminal liability. Hence, it is concluded that this type of exemption is unconditional, and the educational measures prescribed in this case are conducted within non-criminal relations. Such an approach is not consistent with the provision of Part 4 of art. 90 of the Criminal Code of the Russian Federation that creates a misleading perception that the type of exemption in question is conditional. The recommendations aimed at eliminating the identified shortcomings and giving priority to special types of exemption of minors from criminal liability and punishment with the use of educational measures have been made. It is stated that compulsory educational measures imposed as an alternative to a punishment are criminal law in nature since they are used within one of the forms of realization of criminal liability. The necessity of differentiation of educational measures applied when releasing minors from criminal liability and when releasing them from punishment is substantiated.

References

1. Golovenkov, P. and Spitsa, N. (2012). Criminal Procedure Code of the Federal Republic of Germany — Strafprozessordnung (StPO). Potsdam (in Russ.).
2. Golovko, L.V. (2002). Alternatives to criminal prosecution in modern law. St. Petersburg (in Russ.).
3. Endoltseva, A.V. (2017). The Institution of exemption from criminal liability: problems and ways to solve them. Мoscow (in Russ.).
4. Kibalnik, A.G. (2015). On the specifics of criminal liability and punishment of minors. Society and Law, 2(52), pp. 63–68 (in Russ.).
5. Knyazkov, A.A. (2014). Conditional types of release from criminal liability: Pro et contra. Legal Science, 2, pp. 116–119 (in Russ.).
6. Oloventsova, S.Y. (2013). Other criminal law measures applied to minors. Ryazan (in Russ.).
7. Rarog, A.I. (Ed.). (2015). Criminal-legal impact. Moscow (in Russ.).