HISTORICAL AND LEGAL BASES OF JUVENILE DELINQUENCY
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The purpose of this article is to review existing crimes investigations of juvenile persons in the history of criminological science. The basis of writing this article is the general scientificmethods of cognition: system analysis, generalization, analogy, system approach. It was noted that by the end of the 20's of the twentieth century. the law on criminal responsibility of minors has changed several times, however, coercive and educational measures still belonged to the priority of measures of criminal punishment. At the same time, the Great Patriotic War created new problems in the fight against juvenile delinquency. Despite the need for tension of all power and the concentration of all resources for the needs of the war, the Soviet state did not count on the salvation of the younger generation. The necessity of inheritance of such basic conceptual provisions as: improvement of the existing criminal legislation, concerning differentiation and individualization of execution of criminal penalties by juvenile offenders is emphasized; the establishment of a more lenient system of execution of criminal penalties by minors; development of measures to prevent juvenile delinquency. Although by the end of the 1920's criminal liability legislation for minors had repeatedly changed, however, compulsory and educational measures still had priority over criminal sanctions. It is noted that as a result of the work of many generations of criminologists, scientists in the field of criminal law and process, gradually formed a modern understanding of crime and its various structural components, which are reflected in the current criminal, criminal procedure, criminal-executive legislation and the relevant practical activities. It was clarified that the history of the formation of legislation concerning the criminal liability of juveniles was characterized by a change in the essence of two opposing approaches. The introduction of a differential criminal approach to juvenile delinquency, which was somewhat established in the pre-revolutionary period, and the Soviet approach, during which the first approach was destroyed, while juveniles were sentenced to adulthood in criminal justice.
Authors and Affiliations
Ігор Георгійович Куц
Keywords
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