DEPRIVATION OF LIBERTY AS A FORM OF CRIMINAL PUNISHMENT FOR MINORS: PROBLEMS OF LEGISLATIVE REGULATION AND EXECUTION

Pisarevskaya E.A.

the North-West Branch of the Russian State University of Justice (St. Petersburg, Russia), cand. Sci. (Law), Associate Professor, Associate Professor of the Criminal Law Department

Annotation:

The article is devoted to an analysis of the correctness and completeness of the regulation of deprivation of liberty as a type of punishment imposed on minors, an assessment of the criminological grounds for mitigating the punishment of deprivation of liberty. The author analyses the statistics on the imposition of this type of punishment, the personal characteristics of minors serving a sentence of deprivation of liberty in educational colonies, the problematic circumstances that arise in the execution of the punishment of deprivation of liberty of minors, as well as the reasons that contribute to the decrease in the effectiveness of the correctional potential of this type of punishment. In conclusion, the author makes a number of debating proposals to improve the regulation of this type of punishment in criminal enforcement and criminal legislation. The methodological basis for writing the article was made up of such scientific methods as statistical, systemic and comparative legal. The use of the statistical method made it possible to analyze the changes that have occurred in the penal system in recent years regarding the number of educational colonies and the contingent held in these correctional institutions, as well as to study the personal characteristics of minors who are serving sentences in educational colonies. With the help of the systematic method, the author developed proposals to improve the norms of criminal and penal enforcement legislation regarding the regulation of deprivation of liberty as a type of punishment for minors. The comparative legal method was used as part of the analysis of international and domestic regulatory legal acts.

Keywords:

deprivation of liberty; juvenile convicts; educational colonies