CERTAIN ASPECTS OF THE APPLICATION OF CRIMINAL PUNISHMENTS TO MINORS

Abstract

Criminal delinquency of minors has remained an irresistible force for several centuries, and at the end of the last 20th century, its growth was noted. Criminal-legal measures to counter the criminal delinquency of minors are not the main ones. One cannot ignore the fact that the growth of juvenile delinquency occurs in conditions of intense social stratification of society, a significant decrease in the standard of living of a large part of the population, the unfavorable development of family and marital relations, and the growth of various manifestations of cruel treatment of minors. In such an environment, social, economic and preventive measures are of primary importance. However, when a criminal offense has already been committed, the question of criminal liability of a minor arises. In the criminal legal doctrines of various countries, the search for optimal answers to questions about: specifics of the purpose and limits of criminal responsibility for different age groups continues; the influence of the characteristics of children's psyche, its pathological deviations on the appointment of punishment; basic and special criteria for choosing certain types of punishment for minors in legislation and law enforcement practice; correlation of sentencing with restorative justice measures. A separate problem is the question of at what age stage and level of development of intellect and will a person becomes a subject of criminal legal relations and can bear responsibility for a criminal offense.