The protection of the rights and legal interests of the juveniles involved in the orbit of criminal justice by means of juvenal criminal law

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The research objective was the definition of the fixed legal assets, the forms and directions of protection of the rights and legitimate interests of the juveniles involved in an orbit of criminal justice, means of juvenile criminal law in the context of strengthening of legal statehood and formation of youth policy of modern Russia. The research problems: 1) the analysis of standards of chapter 14 of the existing criminal code of Russian Federation "Feature of criminal liability and punishment of the juveniles" regulating guarding orientation to protection of the rights and legitimate interests of the persons of this age category involved into an orbit of criminal justice;2) the definition of essence of juvenile criminal law, its role and value in realization of criminal justice concerning minors, in development of juvenile justice, as subsectors of the general justice; 3) establishment in norms of juvenile criminal law of the principles of an individualization, bringing up, guarding legal regime concerning juveniles; 4) the comparative legal analysis of the general norms of criminal law of Russia with standards of chapter 14 of the criminal code of Russian Federation (juvenile criminal law) illustrating the preferential mode at departure of juvenile justice within legal institutes of doctrines about criminal liability and punishment. The analysis showed that in Russia the consecutive and expedient system of norms on criminal liability and punishments of juveniles reflecting a specific mode of protection of their legitimate rights and interests had been created. In its contents it should be noted: trial individualization, guarding legal regime and bringing up of juveniles, the preferential mode of release from criminal liability and punishment, limited circle of crimes for which there comes criminal liability from 14 years, the reduced limitation periods of release from criminal liability and serving of punishment. The juvenile criminal lawas a component and material fundamentals of juvenile justice will promote its further development corresponding to a level of development of science and norms of international law, strengthening of legal statehood to formation of youth policy of modern Russia.

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Minor, juvenile, protection of the rights and interests of minors and juveniles, juvenile justice, juvenile criminal law, criminal liability of minors, coercive measures of educational character, release from punishment of minors, limitation periods, criminal record repayment convictions

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Короткий адрес: https://sciup.org/140249987

IDR: 140249987   |   DOI: 10.36718/2500-1825-2020-3-72-83

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