RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 15, 2006 No. 2

About practice of consideration by courts of cases on application of enforcement powers of educational nature

Having discussed practice of application to minors of enforcement powers of educational nature, the Plenum of the Supreme Court of Ukraine specifies that courts generally observe relevant requirements of the legislation. However by consideration of cases of the specified category by them take place and essential shortcomings.

For the purpose of elimination of mistakes in court practice and identical understanding and observance by courts of regulations of the legislation on application of enforcement powers of educational nature the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts to need of observance of requirements of the legislation which regulates application of enforcement powers of educational nature to minors who committed crimes aged up to 18 years or socially dangerous acts before achievement of age from which there can come criminal liability.

The purpose of application of such measures shall be ensuring interests of the minor which consist in obtaining not only proper education, but also education, treatment, public, psychological assistance, protection against ill treatment, violence and operation, and also available opportunities to adapt to realities of public life, to increase general education and cultural level, to acquire profession and to find a job.

2. Explain to courts that in each case of the solution of question of responsibility of the minor for crime of small or average weight it is necessary to discuss possibility of application to it enforcement powers of educational nature instead of criminal penalty.

According to the current legislation enforcement powers of educational nature can be applied to person who aged from 14 up to 18 years committed crime of small or average weight, and also to person who during the period of 11 years before achievement of age from which there can come criminal liability made socially dangerous act which has signs of action or the divergences provided by the Special part of the Criminal code of Ukraine (further - UK).

Enforcement powers of educational nature, in particular, apply:

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