Types of Punishments Applicable to Minors

Abstract. The article examines the types of punishments that can be applied to minors according to the Criminal Code of Ukraine. It is noted that Article 51 of the Criminal Code of Ukraine contains a general list of punishments, while Article 98 establishes a special subsystem of punishments for minors, which includes: a fine, community service, correctional work, arrest and imprisonment for a certain period. A fine is considered a monetary penalty. The problems of the modern legal definition of the fine and its compliance with reality are emphasized, in particular, regarding the possibility of minors to pay the fine independently without burdening their parents. Community service is analyzed as a punishment with punitive and educational elements aimed at benefiting society. Examples of judicial practice are given and the importance of taking into account the individual characteristics of minors when imposing this type of punishment is emphasized. Correctional work is considered as a punishment that combines the restriction of labor rights and the withholding of a part of earnings. Various scientific approaches to evaluating their effectiveness are discussed, in particular regarding the possibilities of resocialization and reducing the rate of recidivism. Particular attention is paid to arrest as a form of punishment, the possibility of its application from the age of 16, and discussions about the feasibility of lowering the age threshold to 14 years. Foreign practices are compared and ways of improvement are suggested, including the introduction of house arrest. Deprivation of liberty for a certain period as the most severe punishment for minors, its legal framework and terms of appointment are considered. Proposals to introduce new types of punishment, such as "juvenile restraints", are being discussed for a more flexible and humane approach. The conclusions emphasize the need for a balance between punishment and rehabilitation of juvenile offenders, the importance of an individual approach and the possibility of improving legislation taking into account modern social conditions and international experience. Keywords: punishment; minors; fine; community service; correctional work; arrest and imprisonment for a certain period.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.336
Primary Topic
Legal Studies and Reforms
Type
article
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article

Types of Punishments Applicable to Minors

Roman Shak, Mariia Antsyferova
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Legal Studies and Reforms
article

Types of Punishments Applicable to Minors

Roman Shak, Mariia Antsyferova
article en

Abstract

Abstract. The article examines the types of punishments that can be applied to minors according to the Criminal Code of Ukraine. It is noted that Article 51 of the Criminal Code of Ukraine contains a general list of punishments, while Article 98 establishes a special subsystem of punishments for minors, which includes: a fine, community service, correctional work, arrest and imprisonment for a certain period. A fine is considered a monetary penalty. The problems of the modern legal definition of the fine and its compliance with reality are emphasized, in particular, regarding the possibility of minors to pay the fine independently without burdening their parents. Community service is analyzed as a punishment with punitive and educational elements aimed at benefiting society. Examples of judicial practice are given and the importance of taking into account the individual characteristics of minors when imposing this type of punishment is emphasized. Correctional work is considered as a punishment that combines the restriction of labor rights and the withholding of a part of earnings. Various scientific approaches to evaluating their effectiveness are discussed, in particular regarding the possibilities of resocialization and reducing the rate of recidivism. Particular attention is paid to arrest as a form of punishment, the possibility of its application from the age of 16, and discussions about the feasibility of lowering the age threshold to 14 years. Foreign practices are compared and ways of improvement are suggested, including the introduction of house arrest. Deprivation of liberty for a certain period as the most severe punishment for minors, its legal framework and terms of appointment are considered. Proposals to introduce new types of punishment, such as "juvenile restraints", are being discussed for a more flexible and humane approach. The conclusions emphasize the need for a balance between punishment and rehabilitation of juvenile offenders, the importance of an individual approach and the possibility of improving legislation taking into account modern social conditions and international experience. Keywords: punishment; minors; fine; community service; correctional work; arrest and imprisonment for a certain period.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Decent work and economic growth
Openalex Percentile: Top 63%
Legal Studies and Reforms
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