Miriuk T. Miriuk Tetiana. Criminal law measures related to the isolation of minors in the criminal law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U004797

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

29-10-2019

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The dissertation is devoted to the consideration of the peculiarities of applying to minors of criminal law measures related to isolation from society in the criminal law of Ukraine. Particular attention is paid to the characteristics of each individual criminal law measure related to the isolation of minors. The author points out that one of the first forms of punitive action on a criminal was imprisonment for a certain period, as it was considered the simplest in execution and had a rather positive effect. It is proved that the essence of this punishment did not consist in enabling the criminal to realize the extent of his guilt, to correct himself and take the law-abiding path, but was due to the desire to isolate him from society. The idea of the inappropriateness of applying this type of punishment to adolescents as arrest is argued, since its short-term and isolation nature has a negative impact on the correction process, which is confirmed by statistical data and judicial practice. Attention is focused on the need to review a coercive educational measure in the form of referral to a special educational institution and consider the possibility of using it as a punishment for committing crimes of minor gravity. The author gives a description of international legal acts in the field of applying criminal law measures related to the isolation of minors, and the place of the latter in foreign criminal laws.

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