ANALYSIS OF PRACTICE OF SETTING OF CRIMINAL PUNISHMENT MINOR FOR PERIOD 2005–2020 yy
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 41)Publication Date: 2021-07-31
Authors : Lubenets Iryna; Naumova Iryna;
Page : 61-69
Keywords : release; criminal punishment; criminal proceedings; minors; imprisonment; court;
Abstract
Recent processes in Ukrainian society have an extremely negative impact on the formation of the younger generation and often become a factor in the commission of offenses. Juvenile delinquency is a kind of reflection of the general situation in the country and an indicator of the level of morality of society. On the one hand, it is a derivative, and on the other — an integral part of society. The article considers and analyzes the practice of criminal punishment of juveniles who committed criminal offenses in Ukraine in 2005–2020 on the basis of relevant reports of the State Judicial Administration of Ukraine. It is established that during 2005–2020 there was a tendency of predominant decrease in the number of minors whose sentences (resolutions) came into force due to the deterioration of the situation in Ukraine with the detection of crimes and, accordingly, a decrease in the number of detected criminals, including minors. The article examines two large groups of convicted juveniles: persons who have been subjected to various measures of punishment, and those who have been released from punishment; the distribution of juveniles by the type of the main punishment imposed on them during the analyzed period is analyzed. It was found that the main type of criminal punishment of juveniles in Ukraine for most of the period under consideration was imprisonment for a certain period, ie forced isolation of a juvenile convict and his placement for a certain period in a special institution — an educational colony The authors conclude that one of the problems of juvenile justice is the limited type of punishment that can be applied by courts, especially for persons aged 14–16. Therefore, it is possible to ensure the principle of individualization of punishment only if the range of types of punishment that can be applied to juveniles is expanded.
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