Application of coercive measures of educational nature in the type of prevention: effectiveness and feasibility of implementation in exemption from punishment

Exemption from punishment with the use of coercive measures of an educational nature is a special measure of a criminal law nature, which is applied exclusively to minors who have committed a criminal misdemeanor or a minor crime. From the content of the norms of Art.Art. 97, 105 of the Criminal Code of Ukraine follows that coercive educational measures are not punishment. They are an alternative to criminal punishment, which provides an opportunity for a minor who has committed a criminal offense to correct himself without imposing a punishment on him. These measures are measures of education, persuasion, social support and control. At the same time, coercive measures of an educational nature are associated with certain restrictions for the person to whom they are applied. The main purpose of applying coercive educational measures is to ensure the interests of the minor. Therefore, despite the fact that the decree of the President of Ukraine No. 64/2022 of February 22, 2024 introduced martial law in Ukraine, the use of coercive measures of an educational nature in the conditions of martial law is carried out in the usual manner. The article analyzes the purpose of applying coercive educational measures. It is indicated that the current Criminal Code of Ukraine does not contain a definition of the very concept of coercive measures of an educational nature, as well as each of its types, as well as the purpose of their application, which, in turn, does not allow determining the effectiveness of each type of such measure in releasing a minor from punishment.It is noted that the use of coercive measures of an educational nature is characterized by a number of problematic and debatable issues regarding the possibility, expediency and effectiveness of their use. The lack of uniformity in the practice of courts applying coercive measures of an educational nature in the form of a warning upon releasing a minor from punishment is shown. Taking into account the ineffectiveness of applying such a coercive measure of an educational nature as a caveat upon the release of a person found guilty of a criminal offense by a court verdict, it is proposed to exclude the caveat from the list of types of coercive measures that can be applied in the event of the release of a minor from punishment.