Open AccessPECULIARITIES OF PENALTIES TO MINORs RELATED TO the LABOR ACTIVITY
Author(s) -
T. G. Lepina
Publication year - 2017
Publication title -
izvestiâ ûgo-zapadnogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2686-6757
pISSN - 2223-1560
DOI - 10.21869/2223-1560-2017-21-1-184-190
Subject(s) - punishment (psychology) , commit , imprisonment , institution , service (business) , work (physics) , criminal law , criminology , law , sociology , criminal code , duration (music) , relation (database) , political science , psychology , social psychology , business , engineering , computer science , mechanical engineering , marketing , database , art , literature
The article deals with the institution of compulsory work applied to minors, because at present this type of punishment attracts attention of scientists and practitioners. The advantage is that teenagers who commit crimes, which are of no great public danger, have a real opportunity to improve in case they are isolated from the society. However, there are also problems of applying punishment in the form of compulsory community service work to minors. The analysis of the norms of the criminal and labor law in the part of regulating the procedure for appointing the specified punishment in relation to minors was carried out. Some interdisciplinary mismatches in this area have been identified, and possible solutions have been proposed. The question of expediency of using deductions in the amount of 5 to 20% of wages is analyzed. The opinions of both supporters and opponents of such measures are given. Some researchers believe that this provision of the law does not correspond to the principles of humanism, the differentiation of criminal responsibility and punishment. They suggest setting a maximum retention threshold of 10%. Scientists also discuss duration of this measure of punishment. In addition, the author draws attention to the problem of applying compulsory community service work to minors who study at school or institution of higher education. The paper highlights the problem of changing the punishment in case of malicious evasion of compulsory or corrective service work. At present, they can be replaced only by imprisonment. However, part 6 of Art. 88 of the Criminal Code establishes a ban on the appointment of liberty deprivation to a minor convicted person who committed a crime of small or medium gravity for the first time at the age of sixteen, as well as to other juvenile convicts who committed crimes of minor gravity for the first time. Therefore, it is not always possible to replace the corresponding punishments for imprisonment even if a teenager refuses to perform compulsory or corrective service.