CONTROVERSIAL ASPECTS OF THE EFFECTIVE IMPLEMENTATION OF COMPULSORY EDUCATIONAL MEASURES

Abstract

The article is devoted to the study of effectiveness of exemption from criminal liability with implementation of compulsory educational measures as possibility of correction of minor without application of punishment. The compulsory educational measures are not punishment that differs significantly in its severity. Basically, these are the measures of education, persuasion, social support and control. However, such measures are connected with certain restrictions for the person to whom they are assigned. They are a measure of state coercion that is applied regardless of the wish of guilty person. In this case, the court applies the following compulsory educational measures to minor: warning; restriction on leisure and setting specific requirements for behavior of minor; placement of minor under supervision of parents or persons replacing them, or under supervision of pedagogical or work collective with their consent, as well as individual citizens at their request; imposition on minor, who has reached the age of fifteen and has property, funds or earnings, of the obligation to compensate for property losses caused and sending the minor to a special educational institution for children and adolescents until his correction, but for a period not exceeding three years. However, this system of punishments is not perfect. It causes a lot of contradictions and questions on their appropriateness, effectiveness and applicability. When studying the problem of exemption of minors from criminal liability with implementation of educational measures, it was found that such a measure as a warning does not cause significant restriction of rights after its implementation. Therefore, we suggest that warnings should be applied simultaneously with other types of educational measures. The placement of minor under supervision of parents or persons replacing them, or under supervision of pedagogical or work collective with their consent, as well as individual citizens at their request should also be excluded from the list of compulsory educational measures, because family law already imposes on parents the duty to care for and educate their children. Therefore, the implementation of this measure is inappropriate, because after expiration of this measure, parents are not deprived of the obligation to supervise and control their children.