JUVENILE AS A CRIMINAL CATEGORY
- Authors: Ermakova A.A.1, Kuzmenko E.Y.1
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Affiliations:
- Derzhavin Tambov State University
- Issue: Vol 4, No 14 (2020)
- Pages: 225-231
- Section: Материальное право
- URL: https://journal-vniispk.ru/2587-9340/article/view/304126
- ID: 304126
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Abstract
The current topic of research is touched upon, since there is an increasing trend towards the rejuvenation of juvenile delinquency. We establish that the weakening of family education and supervision, the desire to imitate adults, curiosity, self-affirmation among peers leads a teenager to use alcohol, intoxicating and narcotic substances, which pushes them to the path of a criminal life. We consider issues related to the definition of a juvenile as a criminal legal category, various points of view on the “juvenile” concept, as well as factors that influence the formation of a juvenile’s criminal behavior. We analyze the concept of “legal capacity of juvenile”, which is enshrined in the Civil Code of the Russian Federation. The Criminal Code of the Russian Federation establishes the total age of criminal liability from 16 years old, as well as from 14 years old for committing serious crimes, therefore, juvenile acts as a subject of criminal law relations. We note that the legislator points out the possibility of a juvenile to realize the illegality of his act and bear responsibility for it. We point out that the use of the modern approach is to determine the possibility of bringing the child, by virtue of the individual characteristics of his upbringing and understanding, to responsibility for antisocial behavior.
About the authors
Anastsiya Alekseevna Ermakova
Derzhavin Tambov State University
Author for correspondence.
Email: ella.yurevna1010@mail.ru
ORCID iD: 0000-0003-2116-3100
Master’s Degree Student, Criminal Law and Procedure Department of Law and National Security Institute
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationElla Yuryevna Kuzmenko
Derzhavin Tambov State University
Email: ella.yurevna1010@mail.ru
ORCID iD: 0000-0003-0243-6580
Doctor of Jurisprudence, Associate Professor, Associate Professor of Criminal Law and Procedure Department of Law and National Security Institute
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationReferences
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