Compulsory measures of educational impact in the history of national criminal law

Автор: Sidakova A.A.

Журнал: Симбирский научный Вестник @snv-ulsu

Рубрика: Юриспруденция

Статья в выпуске: 2 (36), 2019 года.

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The article is devoted to the study of the issue of the formation and development of the Institute of compulsory educational measures as an independent type of criminal law measures applied to minors. It analyzes the pre-revolutionary and Soviet stages of the formation of domestic criminal legislation, examines the provisions of key normative legal acts containing rules on the criminal responsibility of minors, such as: Military Articles, the Code of criminal and correctional penalties of 1845, the decree of the Council of People's Commissars of January 14, 1918 "On juveniles commission", the decree of Council of People's Commissars of March 4, 1920 "On cases of juveniles accused of socially-dangerous acts", the Main principles of the criminal legislation of the USSR and the Union republics, the Criminal codes of the RSFSR until 1960. The study shows that these measures of a criminal-legal nature were initially considered by the domestic legislator as an alternative to criminal punishment. On the basis of historical experience the author comes to the conclusion about the necessity of the separation of norms that constitute the Institute of compulsory educational measures in a separate Chapter of the General part of the Criminal code of the Russian Federation. The author assumes it should be placed in the Section "other measures of criminal law".

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History, criminal liability, measures of criminal liability, juvenile, compulsory measures of educational influence, juvenile criminal justice

Короткий адрес: https://sciup.org/14116312

IDR: 14116312

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