The criminological analysis of juveniles who are sentenced without isolation from society is an important aspect of the study of modern criminal policy. This approach is aimed at minimizing the negative impact of criminal liability on juvenile offenders and at the same time ensuring their social rehabilitation.
The article reveals the legislative innovations ensuring the transformation of Ukraine’s criminal-executive system into a penitentiary system of a new type by addressing the following tasks: the credibility of the need for the development of the transformation of Ukraine’s criminal-executive legislation into penitentiary legislation and the nature of its consequences; evaluation of the reasons for the insufficient effectiveness of the legal support for the activities of the bodies and institutions of the Ministry of Justice of Ukraine’s penal system; constant modernization of Ukraine’s crim
The article examines the types of punishments that can be applied to minors according to the Criminal Code of Ukraine. It is noted that Article 51 of the Criminal Code of Ukraine contains a general list of punishments, while Article 98 establishes a special subsystem of punishments for minors, which includes: a fine, community service, correctional work, arrest and imprisonment for a certain period.
The article reveals the concept and legal nature of the institution of exemption from punishment and its serving since this institution is closely related to both the purpose of punishment and the tasks of criminal responsibility in general. In this regard, exemption from serving a sentence requires a more detailed study.
In the modern law enforcement process, special attention is paid to the criminal liability of minors. This is due to the need to ensure their rights and interests, as well as to promote their correction and social rehabilitation. This research article examines the system of criminal sentencing for minors. The author analyzes the legislation, practice and principles that determine the conditions of criminal punishment for this category of persons.
The system of dealing with children in trouble with the law has existed for more than a century, starting with the creation of separate institutions for juvenile delinquents and “at-risk” children, which was soon followed by a series of regulations. Although different models have been in place from the very beginning, the predominant approach has been one focused on ensuring the well-being of the child, i. e. ensuring the best interests of the child.
Juveniles who have committed criminal offenses are a subject of close observation for criminologists, human rights activists and society as a whole. One particular aspect is the judicial practice whereby minors can be sentenced to certain types of punishment without isolation from society, such as suspended sentences, fines, community service, and correctional labor. This practice has its pros and cons that need to be considered from a criminological perspective.
The question of strict differentiation of responsibility and punishment in the legal literature arose at the turn of the 50-60's. Until 1958, the legislation did not generally consider criminal liability separately from punishment. An article appeared in the Principles of 1958 and the Criminal Code of the Ukrainian SSR in 1960, which provided the grounds for exemption from criminal liability and punishment. This was a confirmation, that the legislator does not equate criminal liability and punishment, but follows the path of distinguishing these concepts.
The principles of sentencing are a separate category of criminal law. Opinions of scholars on the definition of the principles of sentencing and their types differ. It is impossible to formulate a specific exhaustive list of types of such principles. There may be many. However, in the criminal law literature, all researchers of the problem of sentencing must include the principle of justice in the types of principles of sentencing.
Clarifying the socio-psychological aspect of a person always involves study of the patterns of formation of a certain internal structure person and its performance as a regulator of behavior. The formation of this structure of the person occurs gradually from the moment of its birth under the influence of various factors.
To be the subject of any social relationship, man must reach a certain level of psychophysical and social development, which will enable her to be aware of and control her behavior, and therefore be responsible for it.