COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE: THE CONCEPT AND PROBLEMS OF LEGAL REGULATION

The paper analyzes the problems of the application of compulsory educational influence measures to juveniles set forth by Russian legislation. The authors consider the issue of the effectiveness of the application of educational measures to minors as an alternative to criminal punishment, analyze the notion of the compulsory measures of educational influence and conclude on the ambiguity of its interpretation. The analysis of legislation in terms of regulation of the application of compulsory educational measures made it possible to formulate several offers for the improvement of norms of criminal, criminally-remedial, and penal legislation of the Russian Federation aimed at the increase of efficiency of their application. According to the results of the research taking into account the results of the study of law enforcement, the authors conclude that the application of compulsory measures of educational influence shall entail no exemption from criminal liability. A juvenile suffers adverse effects of a committed crime in the light, more humane form comparing to the punishment. The application of compulsory educational measures is a form of criminal liability implementation. The application of some measures of educational influence (for example, warning) is ineffective as there are no possibilities to guarantee their fulfillment. The list of educational measures requires to be extended by including such remedies as unsalaried public works and the obligation to attend the course of social-pedagogical rehabilitation. To effectively apply the compulsory measures of educational influence, it is necessary to fix the procedure of implementing these measures in the penal legislation and create special state authority, which will be charged to supervise over minors and their proper enforcement of the measures of educational influence.