Пенитенциарная наука (Dec 2023)
Punishment, Prevention and Protection of Rights as Areas of Combating Juvenile Delinquency
Abstract
Introduction: the article indicates insufficient effectiveness of criminal punishment and traditional methods of countering juvenile delinquency in the conditions of modern socio-economic and socio-political reality. Criminal punishment has proved unable not only to solve the problem of preventing minors from criminal activity and achieve the goal of criminal punishment, but even to localize and contain criminal threats that are causing social tension. Purpose: systematic scientific substantiation of problems of criminal punishment, prevention and protection of the rights of juvenile convicts, definition of preventive measures. Methods: the methodology is characterized by traditional methods of cognition, based on modern principles and doctrinal approaches successfully applied in human and social sciences, including criminology, criminal law, legal psychology, sociology, and penal law. The research is interdisciplinary in nature, the following research methods are used: comparative-historical, systematic, content-analytical, sociological, statistical, contextual analysis, and perspective analysis. Results: prevention of crimes committed by minors, including through criminal law, is a complex, multifaceted and diverse phenomenon. Not only the state of crime, but also the achievement of goals of the criminal and penal policy of the state depend on its effectiveness. The main attention should be focused on preventive work with minors who are prone to antisocial and illegal behavior. As a rule, we are talking about criminological and psychological prevention of juvenile delinquency. Issues related to ensuring personal security are also important, including such an aspect as serving a sentence of imprisonment in juvenile correctional facilities. By studying and analyzing a whole range of causes, it is possible to boost effectiveness of crime prevention. Conclusion: the tightening and intensity of criminal repression measures do not bring a positive result and often lead to even worse results. A lack of proper rehabilitation work, re-socialization and social adaptation of minors who have served a criminal sentence in the form of imprisonment is one of the reasons for their repeated criminal behavior. A high scientific significance of the problem mediates the focus on obtaining new conclusions about criminal punishment as a socio-legal phenomenon, including psychological, political, and moral aspects.
