Key points are not available for this paper at this time.
An integral part of modern criminal policy is criminal procedure policy regarding juvenile delinquents, aimed at resolving a criminal law conflict in the ways that are most beneficial for these persons and that lead to their re-integration in the society. The purpose of juvenile criminal proceedings is connected with special educational tasks and requires special procedures. In Russian criminal proceedings, the court can substitute criminal punishment with compulsory educational measures as part of such procedures. Russian system of compulsory educational measures is complicated, and a special place is held by the most severe sanction — directing a juvenile guilty of a grave crime or a crime of medium gravity into a special residential correctional school. The authors note that the legislation does not fully regulate the application of this sanction, which hinders its use by courts. They also present statistical data on the number of juveniles who the courts place into special residential correctional schools and analyze the reasons why this measure is seldom used. As there is no service of probation in Russia, the courts have no opportunity to find good solutions to the problems connected with a delinquent’s stay in a residential correctional school. The authors support the initiative of the Supreme Court of the Russian Federation to transfer these problems to the sphere of administrative court procedure, which should both benefit the court system and promote the rights of minors. They argue for the development of two strategic spheres of state criminal procedure policy for juveniles — that criminal court procedure should no longer deal with resolving socio-pedagogical, rehabilitation and medical problems of a juvenile's stay in a residential correctional school, and that there should be a detailed procedure for placing a juvenile into such an institution.
Смирнова et al. (Thu,) studied this question.