Age of Criminal Responsibility of Minors
The purpose of the study is to consider the age of criminal prosecution of minors. Thus, age is an indispensable element of the crime, but the theory of criminal law as it is in law in general has not developed a comprehensive doctrine of age. It is established that in sociology, psychology and jurisprudence there is no unified understanding of what should be understood as the age of the individual. The methodological basis of the study is a set of methods of scientific knowledge, among which the leading role is played by the dialectical method. General philosophical, general scientific and special-legal methods of research, in particular, the system method of investigation, are used. A historical analysis of the age characteristics of minors in imposition of punishments in Russia has been carried out. It is established that before the 17th Century minors were equated with adults, however in the 18th Century the rules for the punishment of minors have already been defined. In the Penal and Procedural Ordinance of 1845, three age periods were defined. After the October Revolution the age of criminal responsibility had been being constantly changing up to the adoption of the RSFSR Criminal Code of 1964. In the Criminal Code of 1996, when establishing the age of criminal responsibility, there were considered first of all the stages of the formation and socialization of the individual, the expansion of the range of socially significant relations and relations of the minor and the acquisition of social experience. The issues of psychological characteristics of adolescence are touched upon. It is noted that the world practice also lacks a unified approach to the age of criminal responsibility of minors. The doctrinal positions on the decreasing and increasing the age threshold of criminal responsibility are investigated. The author comes to the conclusion that the established age of criminal responsibility is sufficient, since by this age the minor reaches a level of psychophysical development that makes him/her possible to fully realize not only the socially dangerous character of his actions, but also their consequences, and, accordingly, bearing responsibility for them.