Theoretical and legal interpretation of the criminal responsibility of juveniles

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Introduction: the article discusses theoretical issues regarding the criminal responsibility of juveniles, as a special category of offenders requiring increased attention, due to the principle of humanism of criminal legislation, as well as the specifics of their personality. Materials and Methods: the regulatory framework is formed by the Constitution of the Russian Federation, criminal legislation governing the issues of responsibility of juveniles. The methodological basis of the study was the dialectical method of cognition of social phenomena and processes, which makes it possible to consider them in constant change and development. In the course of the research, general scientific and specific scientific methods of cognition of social reality were used. Results of the Study: the authors obtained results that the definition of criminal responsibility of minors should be based on the general concept of criminal liability, regarding which there are different approaches in the doctrine of criminal law, starting with a study of the Soviet stage of the development of domestic criminal legislation, which is due to lack of its legal definition. When applying the general concept of criminal liability, one should proceed from the fact that there are certain peculiarities of such in relation to minors. Findings and Conclusions: during the study, the authors have come to a reasonable conclusion about the existence of peculiarities of criminal liability of minors, which consist in the presence of an alternative to criminal liability - compulsory measures of educational influence applied in case of release from it; the possibility of releasing persons who have not reached the age of majority and who have committed a crime from criminal punishment with the use of compulsory educational measures; a reduced list of punishments that can be assigned to adolescents; their terms and sizes, etc.

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Criminal responsibility, minors, punishment, compulsory measures of educational influence

Короткий адрес: https://sciup.org/143174524

IDR: 143174524   |   DOI: 10.24412/2312-3184-2021-2-65-74

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