THE TYPES OF CRIMINAL SANCTIONS APPLICABLE TO MINORS, THE CHARACTERISTICS AND THE EFFICIENCY OF THEIR APPLICATION


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Abstract

This article is devoted to consideration of a question of involvement of minors to criminal liability; to consideration of types of the criminal penalties applied concerning the minors who have made socially dangerous acts, and subject to criminal liability; to consideration of features of application of these types of punishments and their efficiency. First of all in article psychological aspects of understanding by minors of the acts, ability to analyze and estimate the come consequences and also ability to be responsible independently for perfect acts are considered. Taking into account requirements of the Criminal Code of the Russian Federation age criteria of the minors which are subject to criminal liability are defined. The list of the criminal penalties prescribed by the Criminal Code of the Russian Federation applied concerning the minors who have made socially dangerous acts is provided. Taking into account features and specifics of application in relation to minors, each of types of the criminal penalties imposed to minor criminals is considered separately. The detailed analysis of article 88 of the Criminal Code of the Russian Federation within which differences between application of the considered types of criminal penalties in relation to minor and adult criminals are established is for this purpose carried out; the problematic issues arising at application of these types of punishments are defined and also considered arising discussions in the considered sphere. On the basis of the carried-out analysis of types of the criminal penalties applied concerning the minors who have made socially dangerous acts the efficiency and humanity of their application is defined. And in conclusion of consideration of a perspective of application of some types of punishments in relation to minors the offer on introduction of additions in part 3 of article 88 of the Criminal Code of the Russian Federation, regarding a specification of a number of hours, duration of the obligatory works established for minors aged from sixteen up to eighteen years is made.

About the authors

Tatiana Vladimirovna Balueva

Togliatti State University, Togliatti

Author for correspondence.
Email: h.s.e@list.ru

postgraduate student

Russian Federation

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