UDK 343.13 Уголовно-процессуальное право
The article analyzes the Russian criminal procedure legislation in relation to the legal regulation of preventive measures chosen by a minor suspect (accused), indicating the need for further humanization. The author's paradigm of preventive measures is proposed, which implies: expanding the possibilities of choosing measures that are not associated with isolation from society; minimizing the application of measures related to isolation; reflection of the circumstances necessary to be taken into account when choosing a preventive measure, taking into account the age of the minor; taking into account the legal foundations of the educational (along with the preventive) impact of preventive measures that are not related to isolation; the need to involve a psychologist, a legal representative in the process of choosing measures of restraint; special preventive impact of non-isolation measures (lack of correlation with lifestyle changes; with the loss of family connection, with inclusion in new social processes).
criminal proceedings, minor, suspect, accused, preventive measures, isolation from society
1. Burenkova O. E. The current state and trends in juvenile delinquency in the Russian Federation // Bulletin of the Penza State University. 2020. No. 1. P. 3–35. (In Russ.)
2. Markovicheva E. V. Juvenile criminal proceedings. Models, functions, principles: monograph. M., 2010. 272 p. (In Russ.)
3. Muravyov K. V. Measures of procedural coercion, consisting in the isolation of a minor suspect, accused: the implementation of international standards in domestic legislation // Criminal Justice. 2020. No. 15. P. 54– 58. (In Russ.)
4. Serdyukova E. V., Chunikha A. A., Volkova E. Yu. Problems of application of coercive educational measures against juvenile suspects, accused // American Scientific Journal. 2020. No. 38. P. 38–42. (In Russ.)
5. Divaev A. B. The system of preventive measures in the criminal process needs to be improved // The activities of law enforcement agencies in modern conditions: a collection of proceedings of the XXIII International Scientific Conference (Irkutsk). 2018. P. 195–200. (In Russ.)
6. Aptaeva S. U., Manzhukova O. A. Features of the legal regulation of the status of minors // Actual problems of law: materials of the V International Scientific Conference (Moscow, December 2016). M.: BukiVedi, 2016. P. 26–29. (In Russ.)
