Forced isolation of minors who have committed socially dangerous acts before reaching the age of criminal responsibility
Автор: Shestakova Ye. V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Административная деятельность
Статья в выпуске: 3 (34), 2022 года.
Бесплатный доступ
The establishment of national and international legal standards for the administration of justice for juvenile offenders requires reducing its punitive potential and expanding the humanistic impact of restorative justice. Over the past decades, the humanistic approach in the domestic justice system, for the most part, has been expressed in a systematic reduction in the number of persons sentenced to actual imprisonment, as restorative justice programs for juvenile offenders are not widely distributed and are still experimental in nature, which directly affects the delinquent behavior of juveniles, including those under the age of criminal responsibility. Insufficient preventive response to the deviant behavior of minors is expressed in the progressive rejuvenation of persons committing socially dangerous acts, an increase in the number of minors committing illegal acts repeatedly, mass involvement in protest, in some cases extremist actions, etc. In this article, the author considers the compulsory isolation of juveniles who have committed socially dangerous acts before reaching the age of criminal responsibility, in special educational institutions of closed-type and temporary detention centers for juvenile offenders of internal affairs bodies, as a measure of last resort, necessary to be applied to resolve a particular life situation in conditions of isolation. There is an opinion that, due to administrative resources, the positioning of these institutions of compulsory isolation as subjects of juvenile justice, implementing programs of restorative nature, is overly idealized. In the modern period, compulsory isolation in a special educational institutions of closed-type and temporary detention centers for juvenile offenders of internal affairs bodies preserves the punitive component both at the level of practical implementation and in the subjective perception of participants in the process of sending minors who have committed socially dangerous acts before the age of criminal responsibility, to special educational institutions of closed-type and temporary detention centers for juvenile offenders of internal affairs bodies internal affairs bodies, which requires compliance with guarantees of criminal procedural order. At the same time, the author argues that improving the activities of these compulsory isolation institutions has a high preventive potential, which requires a clear normative and legal regulation of educational and preventive activities of special institutions, as well as its consistent practical implementation.
Minor, isolation, special educational institutions, temporary detention centers for juvenile offenders, punitive justice, restorative justice, prevention
Короткий адрес: https://sciup.org/14125249
IDR: 14125249