Features of the Application of Certain Other Measures of Procedural Coercion against a Minor

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Abstract

In the system of Russian legislation, the issue of the application of measures of criminal procedural coercion to participants in criminal proceedings has been extremely relevant and debatable for many decades. Most measures of procedural coercion can be applied not only to adults but also to minors since they are often involved as various participants in criminal proceedings the same time, the issues of electing and applying to minors in particular other measures of procedural coercion, unlike adult participants in the process, are poorly worked out in the legislation, have shortcomings, and therefore require further study and improvement. The article discusses some issues of applying other measures of procedural coercion to minor participants in court proceedings, such as the obligation to appear, drive, and seizure of property. The author analyzes the features of such an application and also gives examples from investigative and judicial practice.

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About the authors

Irina G. Savitskaya

Voronezh Institute of the Ministry of the Interior of Russia

Author for correspondence.
Email: arisha_s@list.ru
SPIN-code: 6953-8576

Candidate of Legal Sciences, Associate Professor

Russian Federation, Voronezh

References

  1. Alexandrov AS, Bophoev HV, Kukhta AA. The use of coercive measures against minors suspected or accused of committing crimes: monograph. N. Novgorod: Nizhny Novgorod Law Academy, 2008. 187 р. (In Russ.).
  2. Solonnikova NV. Problems of procedural capacity of minors in criminal proceedings [dissertation]. Krasnodar, 2008. 195 p. (In Russ.).
  3. Markovicheva EV. The problem of improving the procedural status of a minor victim in the Russian criminal process. Issues of juvenile justice. 2015;(1):17–19. (In Russ.).
  4. Antonova AV. Problems of enforcement of the coercive measure “obligation to appear” to minor participants in criminal proceedings. Bulletin of the All-Russian Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. 2015;2(34):53–55. (In Russ.).
  5. Bulatov BB, Nikolyuk VV. Measures of criminal procedural coercion (under Chapter 14 of the Criminal Procedure Code of Russia). Moscow: Spark, 2003. 177 p. (In Russ.).
  6. Rezyapov AA. Application of other measures of procedural coercion to minor witnesses. Eurasian Legal Journal. 2015;8(87): 231–233. (In Russ.).

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