Filchenko, A.P. Compulsory measures of educational character as a form of implementation of criminal responsibility

Abstract: The article presents analysis of the formulae of criminal and criminal procedural norms regulating application of compulsory measures of educational character (hereinafter, CMEC). The author criticizes the ambiguous character of criminal law value of these measures: 1) as substitutes for the terminated criminal responsibility; 2) as measures of criminal responsibility serving as an alternative to the punishment. It is proven that CMEC are non-punitive forms of implementation of criminal responsibility. This conclusion is supported by the following arguments: 1) the same bases apply for application of the CMEC and the criminal responsibility; 2) the inconsistency of the legislator, who allowed for the application of the CMEC at the same time with implementation of criminal responsibility and with release from it; 3) the same goals of application of CMEC and of criminal punishment; 4) presence of criminal law and criminal procedural mechanisms for the renewal of the procedure for the other types of responsibility of a juvenile offender; 5) with the results of the studies of other authors; 6) by the narrow approach towards the object of criminal law regulation, excluding the need for the criminal law to cover other means not related to criminal responsibility. The author formulates propositions for the amendments into Art. 90 p.1 of the Criminal Code of the Russian Federation and Art. 427 of the Criminal Procedural Code of the Russian Federation, which shall allow for the following: a) regulating the application of the CMEC as criminal responsibility measures; b) keeping the possibility of their use at the stage before the condemnatory judgment of a court; c) providing for a guarantee of return to the issue of application of criminal responsibility of a juvenile fails to comply to the requirements.

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