CURRENT STATE AND PROSPECTS OF LEGISLATIVE REGULATION DEVELOPMENT OF MEASURES OF CRIMINAL LEGAL INFLUENCE ON JUVENILES

 Author (s): Yermak O.V.

 Work place:

Yermak O.V.,

Ph.D. in Law, Chief Researcher of the

Department of Scientific Activity and International Cooperation,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0003-1872-0383

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2021 No 3(14): 58–67

https://doi.org/10.32755/sjlaw.2021.03.058

Summary

Dynamic processes of European integration in Ukraine to some extent have a positive effect on the state of Ukrainian legislation. In the criminal law of Ukraine, such positive trends include the transformation of the worldview of criminologists into forms of criminal law response, which is manifested through the adoption of the so-called “two-line response system”; official enshrinement in the Criminal Code of Ukraine and the introduction of the criminal offenses division declared in 2012 by the Criminal Procedure Code of Ukraine into crimes and criminal offenses; etc. The author states the fact of rethinking the understanding of the dominant position of the legislator on the need and success of punitive measures against persons who have committed socially dangerous acts. A serious problem on the way to expanding the practices of restorative justice is the lag of domestic legislation from world and European standards in this area and from scientifically sound recommendations prepared on the basis of research by domestic and foreign criminologists. The article provides examples of normative sources in the field of protection of human rights and freedoms, statistical evidence of the feasibility of reforming the existing system of other measures of criminal law, expanding the practice of their application in the field of juvenile justice. A review of recent scientific sources has outlined the prospects for future scientific research on the application of other measures of criminal law response to criminal offenses of juveniles. The humanization of juvenile criminal policy and legislation is actively taking place, which should be reflected in the norms of the Criminal Code of Ukraine in the form of new forms of alternative criminal liability measures to influence special subjects (juveniles) of criminal offenses.

Key words: juvenile, measures of criminal law nature, other measures of criminal law nature, punishment, criminal liability.

Reference

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