scholarly journals Grounds for the Application of Compulsory Measures of Educational Influence to Minors as a Means of Implementing the Corrective Function of Criminal Law

2021 ◽  
Vol 2 ◽  
pp. 11-14
Author(s):  
Evgeniy V. Medvedev ◽  
Keyword(s):  
Cultural Values ◽  
Criminal Law ◽  
Delinquent Behavior ◽  
Coercive Measures ◽  
The Real ◽  
Active Involvement ◽  
Corrective Effect ◽  
A Minor ◽  
And Behavior ◽  
Educational Influence

The question of grounds to use of coercive measures of educational influence still remains one of the unresolved issues both in the theory of criminal law and at the level of legislation. As a result of the study, the author comes to the conclusion that the most important task of implementing these measures is to eliminate gaps in the socialization of the adolescent’s personality as one of the key determinants of delinquent behavior. At the same time, it should be taken into account that the real corrective effect on the psyche and behavior of a minor criminal can be provided not by all, but only by those measures of influence that are associated with training (education), work, familiarization with culture (social and cultural values), as well as active involvement of the convicted person in other socially useful activities.

scholarly journals Placement in closed-type special educational institutions (CTSEI) as a complex legal institution

2021 ◽  
Vol 118 ◽  
pp. 03006
Author(s):  
Valeria Aleksandrovna Terentyeva ◽  
Irina Anatolyevna Gaag
Keyword(s):  
Criminal Law ◽  
Federal District ◽  
Educational Institutions ◽  
Siberian Federal District ◽  
Full Sample ◽  
Coercive Measures ◽  
Closed Type ◽  
Disciplinary Process ◽  
A Minor ◽  
Educational Influence

The purpose of this study is to examine the institute of coercive measures of educational influence from the perspective of the possibility of combining the criminal-law regulation and correctional influence exercised within the framework of other branches of law. The methodological basis is a longitudinal study of persons released from criminal punishment using compulsory measures of educational influence, the article analyzes the peculiarities of juvenile delinquency of a special category. The study is based on a full sample of juveniles held in closed-type special educational institutions in the Siberian Federal District (300 sentences in total) and on a sample of 100 sentences against persons subjected to the measures provided for by criminal law. The result of the study is that the regulation of coercive measures of educational influence by criminal law alone is clearly not enough; the disciplinary process requires more soft norms that would reflect the age characteristics of juveniles. The novelty of the study lies in the reasonable conclusion that such norms are contained in the administrative, civil, and family branches of law, which are involved in the subsidiary regulation of legal relations arising as a result of the release of a minor with the use of coercive measures of educational influence.

scholarly journals ON ISSUE CONCERNING TYPES OF OTHER CRIMINAL AND LEGAL MEASURES FOR JUVEMILES: NORMATIVE APPROACH

2020 ◽  
Vol 2020 (2) ◽  
pp. 7-16
Author(s):  
Yermak O.V. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Educational Institution ◽  
Radical Change ◽  
Criminal Code ◽  
Coercive Measures ◽  
Psychiatric Institution ◽  
Criminal Offenses ◽  
A Minor ◽  
The Impact

Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the mental state, prevent committing of new offenses against minors, coercive measures of medical nature are applied. Namely they are: providing compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with regular supervision; hospitalization in a psychiatric institution of intensive care; hospitalization in a psychiatric institution under strict supervision. Special confiscation is a compulsory, gratuitous seizure by a court of state property of money, property and other property and applies to a minor in general. Determining the type of coercive measure takes place in court and depends on the severity of the crime and other circumstances. Coercive measures of educational nature are measures aimed at educating minors, providing additional control over them and preventing from committing of new socially dangerous actions. Types of such measures are warnings; restriction of leisure and establishment of special requirements for minor’s behavior; transferring under the supervision of parents or persons replacing them, or teaching or work staff with their consent, or individual citizens at their request; imposing on a minor who has reached the age of fifteen and has property, money or earnings, the obligation to compensate for the property damage caused; referral of a minor to a special educational institution and appointment of a minor educator. Key words: juvenile criminal law, Criminal Code of Ukraine, coercive measures of medical nature, special confiscation, coercive measures of educational nature, punishment.

scholarly journals Coercive Measures of Educational Influence in the Current Development of Legislation in Juvenile Delinquency Prevention

2021 ◽  
pp. 232-237
Author(s):  
Dmitry B. Laptev ◽  
Keyword(s):  
Criminal Law ◽  
Specific Form ◽  
International Standards ◽  
Negative Consequences ◽  
Closed Type ◽  
Criminal Procedure Law ◽  
A Minor ◽  
Criminal Legislation ◽  
And Control ◽  
Educational Influence

The article examines the effectiveness of existing criminal legal instruments of educational influence on minors. On the basis of the analysis of strategic planning documents affecting children, changes in criminal and other federal legislation on the basis of the system for the prevention of juvenile neglect and delinquency, it is concluded that the task of bringing the legislation in question in line with international standards has not yet been solved. Criminal legislation in this area is not impeccable and needs to be finalized. Judicial statistics show a low demand for warning as an educational measure. At the same time, criminal legislation does not regulate a specific form of warning and does not answer the question of what negative consequences for a minor may occur if they have not made appropriate conclusions from the declared warning, but have not yet committed a new crime. In addition, the question of the element of coercion in the structure of this measure is raised, and the difficulties of its application are indicated, taking into account the existence in criminal law of rules on the insignificance of the act. It is proposed to remove warning from the list of compulsory measures of educational influence. Based on the analysis of the practice of implementing the obligation to make amends for the harm caused, it is concluded that the coercive element in the structure of this measure is conditional in cases when compensation is paid not by minors themselves, but by their parents. In this part, the measure in question seems ineffective. When considering the provisions governing the transfer of a minor to the surveillance of parents or other persons replacing them, attention is drawn to the absence of the types and limits of surveillance and control clearly defined in the law. In addition, it is concluded that there is a conflict that arises between the rules of criminal procedure law, which provides for negative consequences from failure to comply with the measure imposed on minors, and the provisions of criminal law, according to which the duties are imposed not on the minor, but on third parties. In the light of judicial statistics showing that it is extremely rare for minors to be sentenced to imprisonment for crimes of moderate gravity, the relevance of the provisions of the criminal law providing for the possibility of placing minors who have committed crimes in this category in a special educational facility of a closed type is questioned.

scholarly journals SOCIAL REACTION TO JUVENILE CRIME

2017 ◽  
pp. 361
Author(s):  
Marijana Vučićević
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Initial Period ◽  
Juvenile Crime ◽  
Criminal Offenders ◽  
Active Involvement ◽  
Intensive Supervision ◽  
Social Reaction ◽  
Institutional Treatment ◽  
A Minor

Social reaction to juvenile crime has evolved over time toghether with crime. In the initial period, juveniles were punished like adults and the primary purpose of punishment was repression, which is quite different today. In terms of punishment of juvenile offenders, our country has accepted the widely used system which is primarily characterised by the protection and education of juveniles. Therefore, the Act on Juvenile Criminal Offenders and Criminal-law Protection of Juveniles introduced educational orders whose primary purpose is to reduce the institutional treatment of juveniles and to contribute to their rehabilitation through their active involvement and improving relations with the victim. To this effect, the most preferable measures are educational measures whose main purpose is to provide assistance, supervision and rehabilitation of minors, and to prevent commission of crimes in the future. The most common educational measures are measures of intensive supervision which imply greater control over a minor by a parents, another family member or the guardianship authority. Institutional measures are the least common because they are the most serious kind of educational/correctional measures. In this system, the punishment of imprisonment is used exceptionally; thus, juvenile imprisonment is the last resort punsihment, which may be applied only against an older juvenile.

Pattern of Female Genital Mutilation among Adolescents Attending Secondary Schools’ in Enugu Metropolis

2020 ◽  
Author(s):  
Awoere T Chinawa ◽  
Josephat M Chinawa ◽  
Edmund N Ossai ◽  
Ann E Aronu ◽  
Godwin E Ozokoli ◽  
...  
Keyword(s):  
Secondary Schools ◽  
Cultural Values ◽  
Female Genital Mutilation ◽  
Female Circumcision ◽  
Tertiary Education ◽  
Female Adolescents ◽  
Genital Mutilation ◽  
Major Complications ◽  
A Minor ◽  
Female Genital

Abstract Background Female genital mutilation (FGM) is a public health menace and it study among adolescents is not exhaustive. Objectives The aim is to study the prevalence, pattern, cultural values, health implications and consequences of FGM among adolescent females attending secondary schools in Enugu metropolis. Methods A descriptive study involving female adolescents aged 13–21 years recruited by multistage sampling in three Girls Secondary Schools in Enugu Metropolis. Results Four hundred and fifty (450) questionnaires were distributed and four hundred and fourteen (414) were retrieved. The parents with moderate value for culture and tradition had the highest circumcised respondents (7.8%) (p = 0.056). Majority of the respondents, 93.7% were aware of female circumcision. The major complications of female circumcision according to the respondents were painful urination and menstrual problems. The prevalence of female circumcision among the respondents was 9.4%. A minor proportion of the respondents, 5.8% were of the opinion that all females should be circumcised. Respondents whose fathers attained tertiary education were three times less likely to be circumcised when compared with those whose fathers attained secondary education and less (adjusted odds ratio  = 0.3; 95% CI: 0.3–1.5). Conclusion Prevalence of FGM among adolescents aged 13–21 years in Enugu metropolis was 9.4%. Majority of the respondents had good knowledge of FGM, and major complications noted were painful urination and menstrual problems. Fathers education level is a very strong reason for this high awareness of FGM among female adolescents.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals Changes in the perception of values of cultural areas in the world

2014 ◽  
Vol 17 (4) ◽  
pp. 54-61
Author(s):  
Them Ngoc Tran
Keyword(s):  
Southeast Asia ◽  
Cultural Values ◽  
Northeast Asia ◽  
The West ◽  
The World ◽  
Western Values ◽  
Subjective Aspect ◽  
And Behavior

The paper presents the changes of values in three cultural areas the West, Northeast Asia, and Southeast Asia through two aspects: (i) behavior’s aspect and (ii) subjective aspect. From behavior’s aspect, the paper presents the changes in ways of cognition, organization and behavior. From subjective aspect, the paper presents the changes in countries in the West, Northeast Asia, and Southeast Asia. Due to the main domination of Western values in the process of globalization and integration, the more different from the West in terms of cultural values are, the stronger and more difficult the changes in values become. For this reason,Northeast Asia and Southeast Asia are more interested in building their own values.

scholarly journals Abduction of a minor and criminal law reaction

2018 ◽  
Vol 52 (4) ◽  
pp. 1731-1746
Author(s):  
Milica Kovačević
Keyword(s):  
Criminal Law ◽  
A Minor

scholarly journals SOCIAL CONDITIONALITY OF CRIMINAL LIABILITY FOR CRIMINAL OFFENSES IN THE SPHERE OF PROTECTION OF CULTURAL VALUES

2020 ◽  
pp. 50-56
Author(s):  
В. Я. Качмар
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Criminal Law ◽  
Anthropogenic Activities ◽  
Criminal Liability ◽  
Cultural Development ◽  
Social Harm ◽  
Heritage Sites ◽  
Social Conditioning ◽  
Criminal Offenses

The problem of criminal law protection of the cultural heritage of mankind is one of the most relevant in modern criminal law. Law enforcement practice has difficulties in qualifying the destruction or damage of cultural property. Most often, this is due to the definition of a set of crimes while encroaching on both religious feelings and cultural values. The urgency of solving this problem is growing due to the threat of destruction of cultural values due to man-made and natural disasters, as well as as a result of anthropogenic activities. These circumstances determine the relevance of the study of the problems of social conditionality of criminal liability for destruction or damage to cultural heritage sites, cultural values. The purpose of the article is to analyze the factors of social conditionality of criminal liability for criminal offenses in the field of protection of cultural values, the task of the article is to characterize the types of social harm as the basis of factors of social conditionality of these offenses. The article examines the factors of social conditioning of criminal liability for criminal offenses in the field of protection of cultural values, gives a characteristic of the types of social harm as the basis of the factors of social conditioning of these offenses. The article proves that the destruction or damage of cultural heritage objects, natural complexes, cultural values cause harm, is expressed not only in the direct loss of unique objects and objects that accumulate the centuries-old spirit of history, the foundations of material and spiritual culture, but also personify the absolute beauty and perfection of human talent and abilities, but also in the destruction of the very centuries-old spirit of the historical and cultural development of mankind, therefore, the harm from damage to this or that historical monument is necessarily reflected in all the above areas. It is concluded that the destruction or damage of cultural heritage sites are characterized by encroachment on public morality, which is expressed in the active influence of destruction or damage of cultural heritage sites included in the single state register of cultural heritage sites, identified cultural heritage sites , natural complexes, objects taken under state protection, or cultural values on cultural, historical, archeological, scientific bases of public life.

Sign in / Sign up

Export Citation Format

Share Document