| Issue |
SHS Web Conf.
Volume 118, 2021
RUDN Conference on Legal Theory, Methodology and Regulatory Practice (RUDN LTMRP Conference 2021)
|
|
|---|---|---|
| Article Number | 03006 | |
| Number of page(s) | 5 | |
| Section | Modern Trends in Regulatory Practice Development: Public Law | |
| DOI | https://doi.org/10.1051/shsconf/202111803006 | |
| Published online | 23 August 2021 | |
Placement in closed-type special educational institutions (CTSEI) as a complex legal institution
Kemerovo State University, Department of Criminal Law and Criminology, Kemerovo, Russia
1 Corresponding author: terent@list.ru
The purpose of this study is to examine the institute of coercive measures of educational influence from the perspective of the possibility of combining the criminal-law regulation and correctional influence exercised within the framework of other branches of law. The methodological basis is a longitudinal study of persons released from criminal punishment using compulsory measures of educational influence, the article analyzes the peculiarities of juvenile delinquency of a special category. The study is based on a full sample of juveniles held in closed-type special educational institutions in the Siberian Federal District (300 sentences in total) and on a sample of 100 sentences against persons subjected to the measures provided for by criminal law. The result of the study is that the regulation of coercive measures of educational influence by criminal law alone is clearly not enough; the disciplinary process requires more soft norms that would reflect the age characteristics of juveniles. The novelty of the study lies in the reasonable conclusion that such norms are contained in the administrative, civil, and family branches of law, which are involved in the subsidiary regulation of legal relations arising as a result of the release of a minor with the use of coercive measures of educational influence.
Key words: child protection / family law / right to education / child welfare
© The Authors, published by EDP Sciences 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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