The problem of defining the application of compulsory measures of an educational nature as a legal institution
Year: 2025
Type: article
Abstract: The article is devoted to the consideration of the application of compulsory measures of an educational nature as an independent legal institution. The institution of the application of compulsory measures of an educational nature is considered as a holistic formation, characterized by the unity and homogeneity of content. It is proved that the legal regulation of the application of compulsory measures of an educational nature is carried out not only by substantive, but also by procedural norms, which gives grounds to speak about the complex nature of this legal institution. Groups of norms that form the institution of the application of compulsory measures of an educational nature are determined, in particular: 1) the norms of Section XV of the General Part of the Criminal Code of Ukraine, which determine the grounds for the release of minors from criminal liability and punishment with the application of compulsory measures of an educational nature and their system (Articles 97, 105 of the Criminal Code of Ukraine); 2) the norms of § 1 of Chapter 38 of the Criminal Procedure Code of Ukraine, which establish the procedural procedure for applying compulsory measures of an educational nature to a minor who has committed a criminal offense (in particular, Article 497 of the Criminal Procedure Code of Ukraine); 3) the norms of § 2 of Chapter 38 of the Criminal Procedure Code of Ukraine, which regulate the features of the procedure for applying compulsory measures of an educational nature to minors who have not reached the age of criminal responsibility (Articles 498–502 of the Criminal Procedure Code of Ukraine). According to the results of the study it is proposed to define the application of compulsory measures of an educational nature as an independent complex institution of criminal and criminal procedural law, which is a system of substantive and procedural legal norms that regulate social relations connected to the state’s response to the commission by a minor of a criminal offense or a socially dangerous act that contains its signs, in the form of applying educational measures that are not criminal punishment. It has been stated that currently the institution of the application of compulsory measures of an educational nature causes numerous discussions, and therefore requires further improvement and development, which creates the prerequisites for further scientific research on this issue.
Author: M. O. Yakymets
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943560