The article is devoted to the study of the shortcomings of the legal regulation of the placement of minors in special educational institutions of a closed type. The paper focuses on the uncertainty of the legal nature of the placement of minors in special educational institutions of a closed type. The authors state the intermediate position of the measure for the placement of minors in a special educational institution of a closed type between criminal punishment and compulsory educational measures. Depending on the category of minors placed in special educational institutions of a closed type, this measure can be considered an administrative or criminal procedure. The relevance of the application of this measure is due to the lack of uniform legal regulation of judicial procedure within the framework of the Code of Procedure. The study draws conclusions about the imbalance of public and private interests not in favor of the minor in court proceedings, the presence of a wide range of discretionary powers of the judge, insufficient regulation of the procedural status of the participants in the case and the lack of involvement in the participation of subjects that ensure the observance of the rights of minors. A number of violations of children's rights are caused by the problems of organizing the system of special educational institutions of a closed type. Based on foreign experience, the authors made relevant proposals to change the approach to placing minors in special educational institutions.
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20 January 2022
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Borisova, V. F., Bakhareva, O. A., Dorodonova, N. V., Evstifeeva, E. V., & Spesivov, N. V. (2022). The Rights Of Minors In Educational Institutions Of A Closed Type. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 125-131). European Publisher. https://doi.org/10.15405/epsbs.2022.01.21