COERCIVE MEASURES OF EDUCATIONAL NATURE: LEGAL NATURE AND SPECIES

Abstract

The article examines the legal nature of compulsory educational measures for minors and persons under the age of criminal liability in criminal law of Ukraine as a special form of state response to the offense. It is noted that compulsory measures of an educational nature are an independent criminal law and criminal procedural institute, which has the features of the inter-sectoral institute of juvenile responsibility. It is emphasized that the essence of compulsory measures of educational nature lies in the refusal of the state from the full punitive potential of the criminal law, replacing it with measures focused on educational influence, re -socialization and prevention, which emphasizes the priority of preventive and educational functions in criminal law with respect to criminal law. The signs of the Institute of Coercive Educational Measures were made and it is determined that the Criminal Code of Ukraine contains an exhaustive list of their types, which provides opportunities for individualization of educational influence on a minor and persons under criminal responsibility.The key characteristics of the institute of compulsory educational measures were highlighted and a number of significant shortcomings in the legal regulation and practice of coercive measures of educational nature (lack of objective criteria for the choice of the event, insufficient specification of their content, gaps in the regulation of the terms and mechanisms of control, failure, non -control, are not identified. bodies, lack of qualified specialists and resources, lack of efficiency monitoring and risk of social stigmatization of a minor). It is summarized that the Institute for Coercive Educational Measures is an important element of juvenile justice, but its effective functioning must be eliminated existing legal and practical shortcomings.