Problems of Implementing a Preventive Measure of Supervision of a Minor

Abstract

The article presents a critical analysis of the provisions of Article 105 of the Criminal Procedure Code of the Russian Federation, which regulates the procedure for the election and implementation of a preventive measure in the form of supervision of a minor. The author substantiates the desirability of further legislative improvement of the norm under study, on the one hand, by the necessity of providing the interests of minors involved in the criminal case, and on the other hand, by the low degree of effectiveness in practice of the preventive measure under consideration. Within the framework of the research, the author enters into a polemic with other scientists, arguing that supervision of a minor is used as a preventive measure much more often than is commonly believed, argumenting his position by judicial practice. The author suggests that the current version of Article 105 of the Criminal Code of the Russian Federation does not allow achieving the goals pursued by preventive measures, and the measure of prevention in question, as follows from its legislative wording, as a whole, is aimed primarily at "intimidating" legal representatives, and not the minors themselves. Using the example of law enforcement practice materials, the author also clearly demonstrates the difficulties faced by the subjects of the application of preventive measures when choosing supervision over a minor suspect, accused, offers his own vision of the legislative resolution of emerging problems.