Ponyatovskaya T.G. Penalties, Sentences to the Minor: Indulgence or Impunity?

Abstract: RF, lead to the development of the special system of penalty in Art. 88 of CC RF. I would like to characterize a list of provided penalties in Art. 88 of CC RF as a special system of penalties for the underage. But this characteristic has no foundation. There is nothing “special” in the system as far as it is compiled on the left-over principle. Some types of penalties are excluded from the general list as they could not be applied to the underage because of some causes (mostly — juridical ones). When sentencing for a heavy or extremely serious crime, all the underage are given the minimal limit of a sanction, provided by the Article of the Special Part of CC, divided into two. It is not clear, according to which criteria this normative lessening of the terms (or amounts) of penalty took place. Why some terms are divided into one and a half and other — into two? It is useless to look for any logical explanation for this legislative solution. Application of compulsory measures of the educatory character is the only practical way to overcome the problems, which are brought to the justice by a premature system of penalty, inadequate for realization of responsibility of the underage.

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