Termination of Coercive Measures of Educational Impact in Relation to Minors: a Criminal Procedure Aspect

The article examines special aspects of termination of coercive measures of educational impact in relation to minors, specificity of activities of authorities monitoring the application of these measures and submitting to the court petitions for the termination of these measures. The author concludes that there is a need for a mandatory instruction in the court order imposing coercive measures of educational impact in relation to a minor to compel a specific state authority to exercise control over enforcement of these measures Types and means of changing the sentence pronounced by the court are much more variable, and possibilities of using various instruments to achieve the objectives of punishment are more diversified than the change of the imposed coercive measure of educational impact In the case of coercive measures of educational impact, the legislator envisages only their abolition, which does not correspond with the needs of today. It is proposed to extend the powers of the court to amend the imposed coercive measures of educational impact and to enable the court not only to cancel the measures, but also to modify them replacing one measure with another and changing their content. It should be possible to impose additional requirements and restrictions in relation to the measure of educational impact that has already been imposed in the form of restricting leisure time and setting forth special requirements applied to the minor's behavior; or mitigation of requirements applied to the minor's behavior and restrictions of leisure time as an incentive measure in respect of a minor who has acted in good faith complying with the coercive measures of educational impact imposed by the court. Another possibility for the court to amend coercive measures of educational impact imposed by the court should include the possibility for the court exercising judicial control to replace the previously-imposed coercive measure of educational impact with another measure or to apply it in addition to the measures already imposed. The author concludes that, in order to effectively correct coercive measures of educational impact imposed by the court in relation to a minor, the court should, in sentencing the minor, impose a sentence and release the minor from serving it, rather than convicting the minor without imposing certain punishment

coercive measures of educational impact, minor, court, juvenile affairs authority, Juvenile Affairs Commission, cancellation of a judgment, exemption from punishment, cessation of criminal prosecution, judicial review, conviction

1. Звечаровский И. Э. Постановление обвинительного приговора без назначения наказания (ст. 92 УК РФ) // Уголовное право. - 2016. - № 2. - С. 35-39.

2. Быданцев Н. А. Прекращение уголовного преследования (дела) в отношении несовершеннолетнего с применением принудительной меры воспитательного воздействия в аспекте ювенальной юстиции : автореф. дис.. канд. юрид. наук. - Томск, 2007. - 29 с.

3. Марковичева Е. В. Концептуальные основы ювенального уголовного судопроизводства : дис. д-ра юрид. наук. - Оренбург, 2011 - 487 с.

4. Михайлов К. В. Обвинительный приговор без назначения наказания: освобождение от уголовной ответственности или от наказания // Уголовное право. - 2009. - № 2. - С. 42-45.