APPROACHES TO THE CONCEPT OF EXEMPTION FROM LIABILITY OR PENALTY WITH THE APPLICATION OF COMPULSORY MEASURES

Аннотация

INTRODUCTION Legal literature presents various approaches to the Compulsory measures are characterized by the understanding of compulsory measures and their following: content. One perspective on compulsory measures Article 87 of the Criminal Code states that is a system of criminal law measures that the court compulsory measures can only be used against applies to young offenders with the intention of minors who have committed a crime; accomplishing the objectives of criminal punishment by utilizing the best possible blend of compulsory measures are a form of state coercion pedagogical impact and state methods of state that can only be implemented on behalf of the state coercion. and are the outcome of a public-legal assessment of the act as criminal; Compulsory measures, on the other hand, are regarded as state coercive measures mandated by the content of compulsory measures indicates that the criminal law and are used to juveniles they are educational in character. Their goal is to convicted of crimes of low social risk and non- correct the juvenile offender by using a severe crimes where their correction is achievable combination of pedagogical pressure and without criminal liability or penalty (punishment). persuasion techniques. Persuasion is the first factor used to influence the minor during the https://www.theamericanjournals.com/index.php/tajpslc 85 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 implementation of these measures, as it conveys to (punishment) for the purpose of its correction as him or her the negative assessment of the conduct well as the prevention of new crimes”[1]. Of course, and the inadmissibility of continuing socially here it is necessary to take into account that the dangerous behavior; author made this proposal based on Russian criminal law. In his opinion, the system of compulsory measures consist in restricting the compulsory measures of an educational nature is rights and freedoms of a minor due to the nature of significantly different from the system of criminal their coercive effect, and such restriction is allowed sanctions due to the shift of the center of gravity to when setting special requirements for the minor's the educational means rather than the punitive behavior; ones. Compulsory measures are strictly personal in compulsory measures are included in other nature; can only be appointed by the court on measures of criminal-legal nature. The second part behalf of the state; performance is mandatory; of Article 2 of the Criminal Code stipulates that the according to its content, it is considered Code determines grounds and principles of educational and aimed at the social adjustment of liability, socially dangerous acts to be recognized as adolescents. crimes, as well as establish penalties and other Persuasion and, if required, coercion are two legal measures of legal influence that may be methods that can be used to upbring minors, applied to persons, who committed socially according to I.N. Tyurina. The analysis of the dangerous acts. ‘Other legal measures’ in this current legislation shows that young offenders are context refer to compulsory measures; increasingly being raised under compulsory according to its legal nature, coercive measures are circumstances. an alternative measure to punishment, and the She notes that “Other forms of education other than alternative nature of these measures is manifested coercion have demonstrated their ineffectiveness. in the content of the obligations and restrictions But it is understood as certain disciplinary- imposed on the minor and their difference from pedagogical means applied to minors who, due to punishment. In addition, it is also manifested in the the psychological characteristics of the person, still court's discretion, that is, it is manifested in making have the opportunity to change their behavior in a decision on sentencing, imposing a penalty or the direction approved by society”[2]. exempting a minor from criminal liability or punishment; Understanding and analyzing the essence of mandatory educational impact measures as a the alternative of compulsory measures to separate criminal-legal institution implies an punishment implies a shift in response to juvenile understanding of their legal nature and delinquency from coercion to education. relationship with other institutions of criminal law However, the current legislation does not specify - criminal liability and penalty (punishment). the definition of compulsory measures applied to The state's criminal-legal response to juvenile minors. Different authors have expressed different offenses can take the shape of mandatory opinions on the concept of compulsory measures educational effect measures. This is explained by applied to minors. the fact that the studied measures are combined in A.Magomedova came to the conclusion that: criminal legal norms. However, the process of “compulsory educational measures