Compulsory measures of educational influence and their relationship with criminal punishment for minors

The number and nature of crimes committed by minors represent one of the key issues determining the state of the criminal situation in the country. Considering the specifics of the age of juvenile offenders, Russian criminal legislation has introduced special methods and means of correction for this category of individuals, the most discussed of which are "compulsory measures of educational influence." The subject of this scientific research is a comprehensive analysis of the system of compulsory measures of educational influence imposed on individuals under the age of 18, as well as an assessment of the effectiveness of these measures, aimed at correcting juveniles and preventing them from committing new crimes in the future. The aim of the research is to study the system of compulsory measures of educational influence, imposed on juveniles as a mild alternative to real criminal punishment, to trace the experience of applying this institution and its impact on the correction of juvenile lawbreakers; to identify relevant and significant gaps in the application of the measures under consideration. The methodological basis of this work consists of general scientific and specific scientific research methods, including comparative legal, institutional, dialectical methods, as well as systemic and analogical methods. The novelty of the conducted scientific research lies in the comprehensive analysis of the relationship between compulsory measures of educational influence and criminal punishment concerning minors, taking into account modern trends in law enforcement practice, based on which the conclusion was drawn that the examined institution of the Russian penal system lacks a coherent implementation system, which makes this state corrective measure ineffective in achieving the goals of criminal legislation. Analyzing statistical data from domestic judicial practice on the application of compulsory measures of educational influence, existing in Russian legislation as a humane form and/or means of implementing criminal responsibility concerning minors, we concluded that the mentioned measures do not yield a positive corrective result for juveniles, firstly, due to the absence of a clear and unified mechanism for ensuring these measures, and secondly, due to their weak degree of compulsion, which is necessary in certain crimes for the re-education of the minor, and consequently, their limited and few applicability in courts.