Conditions of termination of criminal prosecution with application to moralized implacable educational actions
Автор: Mikhailova Tamara Nikolaevna
Рубрика: Уголовный процесс
Статья в выпуске: 4 (95), 2020 года.
Introduction: the effectiveness of the fight against crime largely depends on the competent regulation of legal institutions in the current criminal procedure legislation of the Russian Federation. A differentiated approach to the issue of criminal prosecution of a minor has more than once been the subject of criticism by modern legal scholars and practitioners. The article deals with issues of the procedural procedure for terminating the criminal prosecution of a minor suspect (accused) using compulsory educational measures provided for in the Code of Criminal Procedure of the Russian Federation; conditions (grounds) for the application of these measures are defined. In relation to the conditions, the main problems that have arisen in the practice of the preliminary investigation bodies, the prosecutor and the court in deciding the possibility of applying coercive educational measures to a minor offender are highlighted. Materials and Methods: the normative basis of the study was international standards relating to the administration of juvenile justice; norms of the Constitution of the Russian Federation; as well as criminal and criminal procedural acts regulating the procedural procedure for terminating criminal prosecution of a minor suspect accused by applying coercive educational measures to him. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as the methods of logical deduction, induction, cognitive methods and techniques of analysis, comparison, generalization and description. In addition, a survey method was used through interviewing representatives of practical bodies. Results of the Study: allowed identifying a number of problems that affect the effectiveness and efficiency of the institution of the termination of criminal prosecution of a minor by applying coercive educational measures in law enforcement practice. Findings and Conclusions: the international and Russian legal acts analyzed, the scientific positions and opinions of representatives of practical bodies made it possible to develop recommendations on improving the procedural procedure for exemption of a minor from criminal liability using compulsory educational measures.
Criminal process, minor, differentiated approach, exemption from criminal liability, termination of criminal prosecution, compulsory educational measures, law enforcement
Короткий адрес: https://readera.org/143173268
IDR: 143173268 | DOI: 10.24411/2312-3184-2020-10085