Juvenile justice in Russia for children - in simple words

The immediate tasks of juvenile justice authorities in Russia include the prevention of child crime, as well as a number of social measures to protect children in families.

Historical development

Juvenile justice historically referred to the justice system that operated courts for juveniles. Appeared at the end of the 19th - beginning. 20th century in Europe, America and Russia. It was believed that it was not necessary to punish minors; it was enough to transfer them to the guardianship and trusteeship of special bodies.

Today, the concept of juvenile justice is interpreted as a system of organizations, events and all kinds of rehabilitation programs that pursue the goal of protecting the rights and freedoms of minors.

There are 3 common types of juvenile system:

• Anglo-American. The main goal is the prevention of child crime. Contains a number of measures that have an impact on the child, the measures depend on the age of the child and what crime he committed;
• continental. The main role of correction is assigned to the judge, who plays the role not only of the judge himself, but also of a social worker who helps the victim recover;
• Scandinavian Includes work with difficult teenagers; the leading role in correcting the teenager is assigned to social workers. Cases when a lawbreaker is deprived of his freedom until he reaches adulthood are rare.

At the initiative of the UN Children's Fund, international experts prepared a special guide to determine the assessment of indicators in the field of justice in relation to minors. The child justice framework is characterized by the following indicators:

• children in detention;
• children in pre-trial detention;
• imprisonment and sanctions associated with it;
• special juvenile justice system.

Prospects for the development of juvenile justice in the Russian Federation

Juvenile justice in Russia is a judicial and legal system whose activity is to protect the rights of minors.

It has existed in Russia for a long time and is part of a larger system, including the work of guardianship and trusteeship authorities, commissions for minors, work on the correction of minors, etc.

The activities are regulated by the Criminal Executive Code, which describes the types of criminal liability and the methods of serving the sentence by the perpetrators.

Since the 2000s, a number of works have been carried out to introduce juvenile justice in Russia, but in an orderly manner. The basis for all actions of the system will be a common legislative framework. It is planned to organize the activities of the following bodies:

• law enforcement;
• judicial;
• trusteeship and social;
• institutions conducting educational activities;
• rehabilitation institutions.

Thus, the first juvenile court in Russia was created in 2004. The goal is to consider cases of offenses committed by children (before the age of majority). Despite the fact that the priority measures were the provision of psychological assistance and rehabilitation actions, they were not carried out.

Data presented for 2018 indicate that in Russia there are 11 panels of judges dealing only with juvenile delinquency. Presented in various regions of the Russian Federation.

Law on juvenile justice in Russia

There is no direct law on juvenile justice in the Russian Federation, but there is a legislative framework that is the basis for actions related to the protection of the rights of minors:

• Family Code Chapter 22. According to the provisions of this document, it is possible to remove children from families in difficult situations;
• Federal Law 120 “On the fundamentals of the system for preventing neglect and juvenile delinquency”;
• Resolution of the plenum of the Supreme Court of the Russian Federation “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.”

As already mentioned, in Russia there is no separate law on juvenile justice, but work has been underway to develop it for a long time. A number of actions are being taken to supplement existing laws. Proof of this is the explanatory note to the draft Federal Law on amendments to the constitutional law “On the Judicial System of the Russian Federation”.

The proposed procedure and reform of the juvenile justice system is being implemented in 3 stages:

• preparation and approval of the Federal Law;
• the law on juvenile courts in the Russian Federation is being edited and approved;
• A general law “On the Fundamentals of Juvenile Justice” is being developed and approved.

Spanking Law

The law on spanking was adopted in July 2016. There was a lot of debate about it, there were different opinions about its necessity. The President of the Russian Federation expressed a desire for the existence of the law in 2015. He asked for assistance from the Supreme Court on issues of decriminalization in criminal legislation.

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The law aroused interest when Article 116 in the second reading was modified and acquired a different meaning, in contrast to what was originally intended:

• the concept of “close person” was introduced;
• established the punishment;
• crimes against relatives and family members are specified;
• punishment of parents for causing physical pain to children - spanking, beating with a belt (imprisonment for up to 2 years);

• The law caused public outrage, as its provisions meant that anyone could file a complaint against your family, and the guardianship authorities would take the child away.
• The adoption by the Russian public of the law on spanking was accompanied by mass protests, the signing of a petition against juvenile justice and sending it to the President of the Russian Federation.
• The President made a number of amendments to allow the law and juvenile justice regulations to work for the benefit of society. So, the changes are characterized as follows:

• the president signed a law decriminalizing domestic violence;
• Article 116 on beatings of family members has been excluded;
• domestic beatings are classified as administrative offenses;
• Criminal liability has been lifted, and administrative offenses will be punished by a fine, arrest for a period of 15 days and a sentence of correctional labor for a period of 120 hours.

The provisions described above apply to the first offense recorded. If repeated actions are registered, criminal penalties are imposed.

Positive and negative sides

The pros and cons of juvenile justice depend directly on which side is asked. Opinions in favor of juvenile justice are expressed by those workers and professionals whose activities are related to crimes committed by minors who come from disadvantaged families.

Working every day with minor criminals, employees of these bodies understand that it is worth judging crimes of adults and children equally. Punishment does not always lead to a positive result and excludes further prevention of crimes.

It is the employees of the guardianship and trusteeship authorities who know how incorrigible children who come from dysfunctional families can be and how difficult it is to work with them. But first of all, these children are defenseless.

There is an opinion that juvenile justice advocates advocate for children to be removed from their families and for society to become colder due to the lack of warm feelings among family members for each other. But, the initial goal of juvenile justice is to preserve the birth family for the child.

Supporters of juvenile justice cite the following advantages of introducing the law into the Russian public:

• improving the situation within the family;
• a significant reduction in child crime;
• the opportunity to take a child from a dysfunctional family by guardianship authorities;
• preventing the development of sick members of society due to the negligence of parents of dysfunctional families, feeding children with fast food, etc.

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There are many opponents of juvenile justice in Russia. Conventionally, all those who are indignant can be divided into 3 categories:

• citizens who protest against the very institution of juvenile justice. At the same time, they do not understand the real goals and objectives of the system;
• citizens who are afraid that the guardianship authorities will gain excessive control and begin to pit parents against children, which will lead to a breakdown in family relationships in society;
• religious considerations do not allow a number of citizens to agree with the principles of juvenile justice, as well as with the spirit of Russian Orthodoxy. From time immemorial, the parent was the authority in the family, and his word was listened to.

It seems that there are more opponents of the juvenile justice law than supporters. This is evidenced by public indignation on the Internet, the press and other sources.

Disadvantages of juvenile justice:

• rejection of parental authority and violation of parental rights;
• increase in child crime;
• family breakdown;
• parental protests;
• increase in cases of deprivation of parental rights;
• an increase in suicides among children due to deprivation of contact with their family of origin;
• suicide of parents whose child was taken away;
• a wide range of powers vested in the guardianship and trusteeship authorities;
• misunderstanding of the goals, principles and activities of juvenile justice;
• abuse of a dysfunctional family, its property and interests.

But after analyzing the opinions of both sides, we can come to the conclusion that the parties are talking about different things and do not have the same idea of ​​the essence of juvenile justice.

Evidence that the parties are talking about different concepts when they talk about juvenile justice is the following: 

Supporters of the system, supporting it, speak out for the idea of ​​​​creating a special system of courts that will deal with the affairs of minors, their crimes and measures for the rehabilitation of minor law enforcement offenders. Opponents, in turn, include in the concept of juvenile justice all measures to remove children from the family, deprive parents of their rights and control the institution of the family by guardianship and trusteeship authorities.

Many of the actions that are attributed to juvenile justice are new to the Russian public, so unnecessary fears about removing a child from the family are in vain.

Experience of foreign countries

In CIS countries such as Ukraine , the situation is not much different from the situation in Russia. Ukraine strives to become part of the EU, where the practice of protecting minors and their rights is widespread.

It is believed that children will be removed from their families and given to more prosperous and established families or to those who will pay for it in advance.

The Orthodox community has suspended the development of juvenile justice in Ukraine.

France cannot boast of a positive experience in the existence and operation of a law on juvenile justice. Thus, in France there is a gentle justice system for minors.

This has led to an increase in crime among youth, and drug dealers and robbers are not punished properly and feel free.

Another significant fact is that half of the cases of deprivation of parental rights in France are considered to be erroneous, despite the legal implementation of these actions.

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Source: http://pfgfx.ru/pravo/yuvenalnaya-yusticiya-v-rossii-i-za-rubezhom.html

Juvenile justice: What is it? In simple words

Juvenile justice (juvenālis “youthful”; jūstitia “justice”) is the legal basis of the system of institutions and organizations that administer justice in cases of offenses committed by minors.

In Russia, juvenile justice is distinguished in the broad and narrow sense of the word:

• in a narrow sense, it is a specialized branch of the judicial system;
• in a broad sense, it is a set of legal mechanisms (medical, social, psychological, pedagogical, rehabilitation and other procedures and programs) designed to ensure the protection of the rights, freedoms and legitimate interests of minors, implemented by a system of state and non-state bodies, institutions and organizations.

Table of contents

The history of juvenile justice

According to Wikipedia, people first started talking about separating the category of minors from judicial legislation back in the 1870s in the USA.

Then it was proposed not to apply standard punishments to persons under the age of majority. That is, initially, the essence of juvenile justice was to protect juvenile offenders and create a special policy for the consideration of court cases involving juvenile offenders.

• The next stage in the development of juvenile justice in 1899, in another city in the United States, the first children's court was founded to work with juvenile offenders, as well as with street children.
• Since 1908, the area of ​​juvenile justice began to actively develop in Great Britain, where a number of laws on children and youth were adopted.
• Next, already in 1914, based on the experience of the United States, the first juvenile court was established in France.
• Nowadays, as a result of development, there are 3 models of juvenile justice :

• Anglo-American;
• continental;
• Scandinavian

The concept of juvenile justice. Or what is “juvenile justice”

As a result of historical development, the following official concept of juvenile justice was formed:

Juvenile justice (“juvenile” - that is, for minors) is a specialized area of ​​work of government bodies (courts, law enforcement agencies, children's correctional and other institutions) that carry out justice and prevention in cases of crimes and offenses committed by minors or against minors.

Among other things, juvenile justice is responsible for

• prevention of child crime and crimes against children;
• socio-psychological rehabilitation of minors, both those who committed a crime and minor victims of crimes and offenses;
• social protection of the family and, first of all, the rights of the child.

Purpose of Juvenile Justice

The purpose of creating juvenile justice is to allocate, protect and guarantee special rights for minors, including in relation to adults, in order to protect minors from any violence by adults.

Thus, children's rights are a priority for juvenile justice.

The need for juvenile justice is explained as follows:

• the horrific increase in violence in society is associated with the use of violence against children in early childhood;
• a child is exactly the same person as an adult, and therefore parents have no right to punish him.

Tasks of juvenile justice

Juvenile justice advocates are fighting for the following measures to be implemented everywhere::

• informing children about their rights and what exactly should be understood as a violation of children's rights;
• providing children with a legally and administratively secured right to sue their parents, educators, teachers and other adults;
• creation of a separate department that will take over all work with children and adolescents at risk;
• the introduction of ombudsmen in schools - ombudsmen for children's rights, who would monitor the observance of children's rights;
• the introduction of mandatory reporting for specialists and organizations that in one way or another come into contact with the child: doctors, teachers, kindergarten teachers;
• all possible encouragement for denunciation of “peaceful inhabitants”: neighbors, passers-by;
• introduction of a special system of execution of punishment for minors with maximum mitigation of criminal penalties for them;
• abolition of the preferential right of parents to raise their children;
• broad powers for social services to monitor the fulfillment of their duties by parents, including at the request of the children themselves;
• unhindered access of representatives of juvenile justice to every family at any time at the slightest suspicion that punishment is being applied to a child;
• introduction of criminal penalties for parents for punishing their children and depriving them of parental rights;
• simplified (without a court order) removal of a child from the family by special services and placing him in a shelter or foster family;
• lowering the age for obtaining a passport to 14 years, a corresponding reduction in the “age of sexual integrity” in criminal law, as well as the possibility of marriage, the ability to have abortions without the consent and notification of parents;
• permission to determine social issues related to minors deprived of parental care, including in cases of deprivation of parents of parental rights.

In simple terms, the tasks of juvenile justice come down not to protecting and expanding the list of rights of minors, but rather to abolishing a number of rights of adults, and even infringing on remaining rights, thereby undermining the family institution of Russia, its way of life and traditions , formed over centuries.

Juvenile justice in Russia

In Russia, work on creating a juvenile system was actively carried out until 2010 inclusive.

During the same period, the draft Federal Law “On the Fundamentals of the Juvenile Justice System” dated February 14, 2005 was developed. And in the city of Rostov-on-Don, a concept for introducing a juvenile court was even developed.

Of course, based on the principles and objectives of juvenile justice, the Russian Orthodox Church does not support work on reforming the existing system for the prevention of neglect and juvenile delinquency. On the contrary, Youth Apple supports the introduction of juvenile justice in Russia.

Source: https://parent-portal.ru/2018/01/10/yuvenalnaya-yustitsiya-chto-eto-takoe-prostymi-slovami/

About juvenile justice in Russia: what it is, briefly and clearly, the law, how to protect yourself

Juvenile justice is a body that has become widely known in Russia in the last decade and has provoked irreconcilable debates between its supporters and opponents. Does juvenile justice bring evil or good to society; where is the truth, where is the fiction?

What is juvenile justice - briefly and clearly

The main task of juvenile justice is the legal protection of minors. This includes:

• judicial proceedings against illegal actions of teenagers;
• protection of minors from illegal actions on the part of parents, teachers, peers;
• ensuring the protection of adolescents from attacks on their lives and health;
• rehabilitation of previously convicted teenagers;
• guardianship of children whose parents have been deprived of parental rights.

Juvenile justice includes a huge number of bodies, in particular, social supervision over the condition of the child in the family and the Institute of Children’s Health Problems and Sex Education.

A short list of principles of juvenile justice:

• A child has the same rights as an adult. The child's responsibilities are not specified in any way. A parent does not have the right to beat a child, humiliate his dignity, force him to commit illegal actions, etc.
• The child has the right to personally appeal to the judicial authorities in order to protect his rights and to complain against his parents. The judicial authorities, in turn, are immediately obliged to check how parents fulfill their obligations towards their children.
• Along with the above-mentioned authorities, juvenile justice includes a system of social workers in schools, courts, hospitals, as well as child psychologists. Western systems exclude government intervention, which helps drag out legal proceedings for up to several years.

Law on juvenile justice in Russia

Do parents deprived of parental rights pay child support?

The prototype of legislation regarding children in Russia can be considered the Family Code of the Russian Federation, which was adopted back in the 90s.

The real code includes articles on the rights of children, their actions in case of violation of these rights, in case of dishonest performance by parents of their duties. In 2002, an official law was issued to create juvenile courts.

The guardianship authorities were given the right to remove children from families in cases of parents violating their powers, which is why such justice frightens the public.

Note! Its employees were observed to be abusing their powers.

At State Duma meetings, a number of important juvenile bills were considered regarding the provision of supervision of orphans, gender equality, and social guardianship of children whose parents were deprived of their rights.

The first juvenile court was established in Taganrog in 2004. Russian realities led to the fact that everything was limited to the allocation of a separate building for a new court and the appointment of separate judges, who were charged with the responsibility of considering cases only on juvenile offenses.

Note! Today in the Russian Federation there are about 11 panels of judges dealing with cases of minor citizens.

Goals and objectives

• The main task and purpose of legislation regarding children as justification for the public is to preserve the identity of the child and help him rehabilitate himself in the event of the inevitability of punishment for crimes committed.
• The state's juvenile policy is aimed at creating social and legal measures that satisfy society's need to ensure the protection of the most important rights of the child; its task is to develop a set of measures to create social and living conditions for the high-quality comprehensive development of children.
• Components of juvenile policy:

• Children have the same rights as adults.
• Protection of the fundamental rights and interests of children, restoration of rights if they have been violated.
• Creation of a legislative framework for legal norms for the protection of children.
• Participation in events aimed at the physical, intellectual, mental, moral development of the younger generation. Assistance in organizing institutions for the implementation of the personal characteristics of adolescents that do not contradict Federal legislation and the tenets of the Constitution.

A short list of principles of Russian juvenile justice:

• The need for consistency with international child protection standards.
• Democratic methods, compliance with legal norms, publicity of events, transparency of adopted laws.
• Formation of a legal system to protect the interests of the child.
• Participation in measures to provide families with conditions for the full upbringing of children, protection of their rights and preparation for adult life.
• Development and determination of indicators of the standard of living of children, taking into account regional characteristics.
• Development of measures to suppress and prevent violations of the rights and norms of the law in relation to the child.
• General state support for regional branches and associations of similar organizations whose task is to protect the rights, freedoms and interests of children.

Juvenile justice in Russia

Actions in juvenile justice in Russia

It is impossible to consider the operation of juvenile justice without the interaction of courts and other justice bodies with organizations involved in the upbringing, development and training of children. Such a system should work as a unified program to solve the problems of children whose life situation needs correction and/or assistance from society and the state.

The functions of juvenile justice include:

• Ensuring and monitoring the implementation of legislative acts and legal decisions made.
• Correction of social ties broken as a result of a crime: work with families, victims and offenders, assistance in compensation for damage, involvement of local organizations in the work of eliminating conflicts and criminal situations.
• System of educational measures applied to offenders.

The specific functions of juvenile justice are:

• Monitoring the correctness and fairness of decisions made by the court, considering the decisions made from the point of view of various aspects of the impact on the future life of offenders.
• Ensuring the effectiveness of measures to protect motherhood and childhood.
• Measures of influence on a teenager should not contribute to his further desocialization, but, on the contrary, lead to his development as an individual, motivate him to acquire knowledge, work skills and normalize social communication.
• Strengthening the role of local organizations in preventive and rehabilitation work with difficult-to-educate adolescents, limiting punitive technologies through the development of informal schemes and non-standard approaches to the implementation of social control.

Read also: Alimony from a foreign citizen: how to collect it in Russia

Pros and cons of juvenile justice

Single mother - who counts?

One of the good things about juvenile justice is that it encourages children to treat crime differently from adults.

What is effective for an adult criminal, in turn, can be bad for an unstable child’s psyche and lead to even more pathetic consequences.

Not always judges involved in the consideration of “adult” crimes can adequately and fairly assess the actions of a minor offender, and therefore pass a fair sentence.

Western sabotage against Russia

The negative aspects of juvenile justice include blind copying of the standards of Western countries and disregard for historically established rules and methods of influencing careless youths.

Almost always, the use of foreign technologies is to the detriment of the family, leading to misunderstanding and rejection of methods of influence on the part of the relevant authorities.

As a result of the use of such “ill-conceived” projects, the opposite effect is often observed: an increase in crime among young people, an increase in suicide attempts, and parental protest.

The Russian public's rejection of juvenile justice

Determination of the court of first instance in civil proceedings

There is a deep belief among the population that officials from the new juvenile justice system will have too much power and interfere in family affairs, in the process of development and maturation of the child, while evading responsibility for their methods. And this opinion really has good reasons.

The most effective measure to counter the arbitrariness of officials at all times has been public organizations, activists, and caring people. The recipe is simple: if parents are afraid of an attack from overly zealous fighters against parental tyranny, they should always be on guard, not give a reason to view the family under the prism of trouble and allow children to be removed from the family.

Source: https://shtrafsud.ru/dokumenty/uvenalnaa-usticia.html

Juvenile justice - what is it in simple words

Juvenile justice is a derivative of the Latin words “juvenalis” - “youthful”, and “justicia” - “justice”. It is a set of institutions designed to administer justice to juvenile offenders, as well as protect the rights of children.

History of appearance

The emergence of juvenile justice is associated with the United States. In the 70s of the XIX century. Lawyers from Boston have made a proposal not to impose real punishment on minor children for the crimes they commit. Instead, they proposed transferring them to the care of special supervisory authorities.

, a special court for children was opened in Chicago The basis for this was the recently passed law in Illinois on supervision measures for juvenile delinquents and street children.

The initiators of the adoption of this legislation were women's public organizations. Especially for minors, the concept of “offender” was introduced into legal proceedings, which is different from the term “criminal”.

This seemed to emphasize the special status of juvenile lawbreakers, that, unlike an adult criminal, they are subject to education and correction outside the walls of prison. Somewhat later, juvenile justice appeared in England (1908) and France (1914). At the same time, in Europe the American experience was taken as a basis.

Over the years, juvenile justice has spread to most countries of the world, resulting in three main types of “child justice”:

• Anglo-Saxon (Great Britain and USA).
• Continental (formed in continental Europe).
• Scandinavian (developed in Northern European countries).        

Russia

In Russia, juvenile justice in its pure form did not exist before the October Revolution. Under the tsarist regime, there was a restriction on the application of criminal punishment to children under 7 years of age. In 1910 The first trial court for children was created in the capital.

However, due to the outbreak of the First World War and the subsequent civil war, this experience sank into oblivion. The Soviet government completely abolished real imprisonment for minors, and all children's offenses were transferred to special commissions for consideration.

In 1922, due to the rise of juvenile delinquency, crimes committed by minors again began to be referred to ordinary criminal courts. Starting from the age of 16, it was allowed to apply the same criminal penalties as to adult criminals, except for execution.

During Stalin's reign, the age of criminal responsibility was lowered to 12 years, and juvenile offenders could be shot.

In 1964 The Supreme Council adopted a resolution on the training of judges with the qualification of a juvenile lawyer. However, despite this, specialized “children’s” judicial bodies never appeared in the Soviet Union.

Reform

Juvenile justice began to be introduced into the Russian Federation most consistently only in the early 2000s.

The basis was the Federal Law of 1998 on guaranteeing the rights of the child and the decision of the Supreme Court of 2000, which regulated the peculiarities of the courts' consideration of offenses committed by children. As a result, amendments and additions were made to the criminal and family code of laws.

The reform provided for the introduction of special courts for minors in the Russian Federation. These courts were supposed to deal with all types of violations - from criminal to civil. However, until today, such judicial bodies have not yet been created.

Structure of juvenile justice

Traditional juvenile justice is structurally composed of:

• Courts designed to consider cases of juvenile offenders. They have the right to convict or acquit a person suspected of an offense, based on special juvenile legislation. Today there are no such structures in the Russian Federation.
• Supervisory authorities respecting the interests of a minor child. This includes various boards of trustees, commissions on guardianship matters, commissions of the PDN under the Ministry of Internal Affairs, etc.

The subjects of justice are judges, employees of the Ministry of Internal Affairs, child psychologists and social workers. teachers. In a broad sense, the term juvenile justice unites all legal structures whose task is to protect the rights and interests of the child. This may include both government authorities and public organizations and associations.

Currently, there are discussions in Russia about whether the country needs a separate, juvenile, branch of the judiciary. Among lawyers, human rights activists and parliamentarians there are many both supporters and opponents of the introduction of juvenile courts.

Each side makes compelling arguments both for and against. It is precisely because of this that legal reform concerning children’s justice still remains unfinished.

Source: https://wininfo.ru/yuvenalnaya-yustitsiya-chto-eto-takoe-prostymi-slovami/

Juvenile justice: does it exist in Russia?

Recently, calls to direct as much effort as possible from the state and the entire society to protect children have been heard more and more often. In this regard, the concept of “juvenile justice” flashes everywhere. In previous articles, we wrote a lot about protecting the rights of minors who find themselves in difficult life situations. Issues of this kind must be resolved at the level of civil, criminal, administrative or family law. Juvenile justice is a broader, multifaceted concept, and we will try to understand its intricacies.

What is “juvenile justice”?

So, the word “juvenile” can be translated from Latin as “young”, “youthful”, and the word “justice” means justice in a broad sense. Thus, juvenile justice is a system of government control bodies, laws, and measures that protect the rights of children, and not just a system of courts for teenagers, as it might seem at first glance.

Let's turn to history. The rights of the child were consolidated in the second half of the 20th century: in 1959, the UN General Assembly adopted the Declaration of the Rights of the Child, and later the European Social Charter and the UN Convention on the Rights of the Child. It is believed that these three documents became the main foundation for the formation of the juvenile system.

What's happening in Russia?

As such, there is currently no juvenile system in Russia, although its principles were fixed at the legislative level quite a long time ago. The Russian Family Code, adopted back in 1995, contains almost the entire list of rights and guarantees of minors provided for in international conventions.

In addition, the legislative basis for what can be called juvenile justice in Russia is the Federal Law “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” and the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.02.

2011 No. 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.”

Therefore, even the slightest reproach that our state provides children with fewer rights than European countries is unfair and untenable.

As of 2016, in Russia there are 11 panels of judges for juvenile cases in courts of general jurisdiction in the following regions of Russia:

• Taganrog, Shakhtinsky and Azov city courts, Egorlyk district court - in the Rostov region;
• Angarsk City Court - in the Irkutsk region;
• Abakan City Court - in the Republic of Khakassia;
• Petropavlovsk-Kamchatsky City Court - in the Kamchatka Territory;
• Yeletsky District Court - in the Lipetsk region;
• Volodarsky and Bezhetsky district courts of Bryansk, Dubrovsky district court - in the Bryansk region;
• Ulyanovsk Regional Court (specialized panel at the board for criminal cases).

In 2009, the position of Commissioner under the President of the Russian Federation for Children’s Rights was introduced - a classic element of the juvenile system. There are similar positions in all regions of the country.

Arguments for"

The debate about juvenile justice has not subsided for several years. Supporters of its legislative implementation, as a rule, are people whose professional activities are connected with children from disadvantaged families and so-called “difficult” children (juvenile delinquents, street children).

Supporters of “juvenile crime,” for example, understand that it is impossible to measure juvenile and adult crime in the same categories, that punishment does not always help teenagers improve and sometimes, on the contrary, only aggravates the existing problem.

Practice shows that judges who specialize, for example, in considering “adult” criminal cases, are not always able to fully give a legal assessment of the actions of a minor defendant and pass a fair sentence.

A psychologist should always be involved in the consideration of cases involving minors; this is prescribed by law, but his assistance is not always useful in ordinary courts, since the judge is not obliged to listen to the judgments of such a specialist. A similar situation arises with the guardianship authorities: an ordinary court is obliged to involve them in the consideration of the case, but may not take into account their opinion.

Juvenile courts should consist of specially trained judges who specialize only in cases involving minors. This should protect children from undue stress and pressure and ensure that the case is examined objectively and interests are protected.

In addition, guardianship officials support juvenile justice because they know better than others how powerless and defenseless children can sometimes be in a family that is dysfunctional.

And although there is an opinion in society that the introduction of juvenile justice will destroy the institution of the family and lead to the mass separation of children from their parents, supporters of juvenile legislation are confident that this will not happen. On the contrary, the main task of juvenile justice should be to preserve the birth family for the child.

Arguments against"

There are also more than enough opponents to the introduction of juvenile justice in Russia.

Firstly, these are active citizens who oppose it only because they do not have sufficient information.

Secondly, people who are afraid that regulatory authorities will receive unlimited powers and will be able to take a child away from the family at the slightest suspicion of a violation of his rights (for example, if a child, out of simple childhood resentment, complains about his mother or father because the parent raised him voice).

Thirdly, juvenile justice is not accepted by religious people who believe that its principles do not correspond to Russian traditional culture and Orthodox spirituality.

If we analyze publications in the media, we can come to the conclusion that there are more opponents of juvenile justice than supporters. This may be true, but this does not mean that the idea of ​​a juvenile system is bad, it’s just that in this situation, opponents look at it from different angles.

Those who are in favor primarily talk about the need to introduce juvenile courts and rehabilitation systems for juvenile offenders.

Opponents draw attention to the fact that juvenile justice also presupposes control of the family by the guardianship authorities, maintaining a health passport, the position of an ombudsman and other mechanisms and institutions that did not exist in Russia before, have not been worked out and therefore still seem doubtful.

Of course, protecting children should be one of the government's priorities, but how to find a compromise in the disputes surrounding juvenile justice? In 2008, a new term “juvenile technologies” was introduced in Russia - this is a common name for various institutions and technologies that help defend the rights of children.

These include, for example, advanced training courses for judges considering cases involving minors, rehabilitation programs after childhood psychological trauma, methodological and psychological assistance to parents, and much more.

This can also be called juvenile justice, but it excludes principles that put the child in conflict with his own family and make officials more useful and authoritative for children than their own parents.

Most likely, juvenile justice in its traditional form will never be accepted by our society, which means that for now we should not worry about preserving family values.

Read also: Inclusion at school: children with disabilities in secondary schools

Ivan Dolgov

Source: https://www.ya-roditel.ru/parents/i-have-the-right/666812/

Juvenile justice: what is it and what is it used with)))

In connection with the increased attention to the issue of introducing juvenile justice in Russia, I decided to talk a little about what “juvenile justice” is, its possible pros and cons.

Not only parents, but also specialists have not yet had time to understand the question of what the concept of “juvenile justice” is. Often supporters of the introduction of “juvenile justice” in Russia talk about the need for special care by the state and society for children. Meanwhile, everything is far from being so simple and unambiguous.

• The term “juvenile justice” consists of two words:
• Wiki defines juvenile justice as a system of state bodies administering justice in cases of crimes and offenses committed by minors, as well as state and non-state structures monitoring the correction and rehabilitation of juvenile offenders and the prevention of juvenile delinquency, social protection of the family and the rights of the child.
• Story

“juvenile” – comes from lat. juvenalis – young (in our case: minor, teenager) and “justice” – from Lat. justitia - justice (in our case: justice, legal proceedings). In addition to justice for minors, juvenile justice includes the prevention of: • juvenile delinquency; • crimes against children; • socio-psychological rehabilitation of minors who have committed a crime (including those convicted and serving punishment in places of deprivation of liberty), and minor victims of crime. The purpose of separating juvenile justice from the general system of law enforcement agencies is the need to observe a special procedure for working with minors, which allows for additional guarantees of the rights of this category of persons. The rights of children, which they themselves do not realize, are used by their systems of government bodies. The first children's court was created in the USA in Chicago in 1899 . The idea of ​​juvenile justice was later developed in Great Britain, where a series of laws on children and young people were passed in 1908. In France, the first juvenile court was established in 1914 based on the experience of the United States. The first juvenile court in Russia operated from January 1910 to 1918. After the October Revolution, juvenile justice in Russia was abolished and did not receive further development. To date, several models of juvenile justice have developed in the world: Anglo-American, continental and Scandinavian. In some states, the system of juvenile institutions is limited only to the judicial authorities, in other states the idea of ​​care about children expanded and took shape in the form of a complete “juvenile system”, which, in addition to the courts, includes various institutions dealing with childhood issues and the social protection of minors.

Juvenile justice in Russia

The Russian legal system (both in the pre-revolutionary and Soviet periods) was characterized by specialization specifically in the field of working with juvenile offenders who found themselves in conflict with the criminal law.

The term “juvenile justice” itself was first introduced into legal circulation in the Russian Federation in September 1995 by the Main Directions of State Social Policy to Improve the Situation of Children in the Russian Federation until 2000 (National Plan of Action in the Interests of Children), approved by the Decree of the President of the Russian Federation dated 14 September 1995 No. 942, which provided for “the creation of a juvenile justice system, special compositions of courts for family and minors”, “the creation of a legal framework for the prevention of neglect and delinquency of adolescents.” In 1998, the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” was adopted, and in 1999, the Federal Law “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” was adopted. Both of these laws contain an indication that they were adopted taking into account generally accepted norms of international law. Such generally accepted norms include the “UN Standard Minimum Rules for the Administration of Juvenile Justice” (they were adopted in 1985 in Beijing at the UN session , which is why they are also called “Beijing Rules”).

The Beijing Rules stipulate that “juvenile justice” is justice for minors who find themselves in conflict with the criminal law, that is, juvenile justice is the sphere of criminal justice.

Thus, when talking about juvenile justice in Russia, we are talking about a model of juvenile criminal justice, that is, what today in Russia is called “Juvenile Justice” - this is justice for juvenile offenders.

The main idea of ​​the “Beijing Rules” is that within the framework of juvenile criminal justice, everything must be done in such a way that a juvenile offender no longer commits crimes, through the restoration of his rights (to education, to family support, the opportunity to find a job, get a profession, get the necessary psychological, medical care, etc.) ensure the safety of society, return the offender to normal life in society as a law-abiding member of it. On February 14, 2000, Resolution No. 7 of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of juvenile crimes” was adopted, which recommended application of generally recognized norms of international law when considering cases of juvenile delinquency.

There are currently no recommendations from the Plenum of the Supreme Court of the Russian Federation on the use of any new juvenile technologies in the field of . Juvenile technologies have not touched the sphere of civil proceedings with the participation of minors; in this area everything is going as it always has.

Juvenile courts in the field of criminal proceedings in Russia

In 1999, during the year in St. Petersburg, the UN Development Program project “Support for the development of juvenile justice” was implemented.

The project concerned the sphere of criminal proceedings in cases of juvenile crimes: as an experiment, social workers were introduced at the court, who prepared a report to the court on the identity of the minor defendant, and then after the trial provided social support (assistance in returning to an educational institution, in finding employment, etc.). P.). In October 2000, an Agreement was concluded between the Rostov Regional Court, the Office of the Judicial Department in the Rostov Region and the specified UN program, and a similar project was launched in Rostov-on-Don.

The project lasted from 2001 to 12/31/2003. In the Rostov region, the first “model juvenile courts” were created - specialized judicial panels for juvenile cases in the courts of Taganrog (in 2004), Shakhty (in 2005), and in the Egorlyk district (in 2006).

Everything that was developed during the project in the Rostov region (creation of a mechanism for interaction between the courts and the bodies and services of the prevention system, a report to the court on the identity of a minor, savings in criminal repression, provision of social assistance to a minor after the trial - on the basis of a private court decision, its program was “launched” individual rehabilitation) - all this began to be reproduced in other regions of Russia, because representatives of more than 30 regions of Russia became acquainted with the experience of the Rostov region and began to implement it in their own countries.

The experience gained in the regions in the use of juvenile technologies in the field of criminal proceedings was the subject of a Generalization of the Supreme Court of the Russian Federation in 2008 and received a positive assessment.

About juvenile justice - as a sphere of civil proceedings. “Does juvenile justice destroy the Orthodox family”?

In 2001, in the first reading, the State Duma adopted a project to amend the Federal Constitutional Law of the Russian Federation “On the Judicial System of the Russian Federation” (proposed article 26-1.

“Juvenile courts”), according to which the scope of the juvenile court is supposed to include all criminal, civil, administrative cases in which at least one of the parties is a minor.

In 3 model juvenile courts of the Rostov region, judges consider criminal cases of juvenile crimes and civil cases involving minors.

No special procedures, other than those expressly established by current legislation, are used when considering civil cases involving minors. The only thing is that psychologists began to be involved in helping parents, for example, in disputes about participation in raising children.

Such help from specialists showed its usefulness, because parents began to reach a compromise among themselves in solving their problems. But we cannot talk about the mass introduction of juvenile technologies in the field of civil proceedings.

Cases involving minors in civil proceedings are considered in the Rostov region as well as throughout Russia. Therefore, today it is too early to talk about the presence of juvenile justice in the field of civil proceedings.

What does Russia already have? • Guardianship authorities as a body of control over children and families in each municipality; • Commissions on juvenile affairs, which are part of the local administration; • Social and psychological centers with psychologists and sociologists, whose opinion is important for guardianship and the court; • Institutes and departments of juvenile Justice, pilot projects to test the work of juvenile courts and introduce Western technologies.

1. What else do they want to do in Russia?
2. And the most difficult thing: the pros and cons of introducing juvenile justice in Russia.
3. Some statistics:
4. Pros and cons of juvenile justice (JJ), according to judges:

• Adopt a law on juvenile justice; • Create a juvenile court that will administer justice to children, which will include psychologists, sociologists, and teachers; • Create juvenile technologies, that is, instructions and methods regulating work with minors; Sociologists have found that 30 % of adults believe that teenagers are not punished enough, while 30% of teenagers believe that punishments for crimes and offenses are excessively cruel. Of those who are already in juvenile detention centers, 80% believe that they deserved their punishment, but 20% consider themselves innocent. But the most terrible figure: 18% of citizens from these regions are ready to follow in the footsteps of Stalin, and believe that the death penalty should be applied to teenagers. Another 20% cannot find an answer to this question. Pros: Data from a social worker gives a more complete picture of the personality of a juvenile offender (JO); Experiments on JJ make it possible to attract teenagers and change their consciousness towards law-abiding; Converted courtrooms (without bars, “ cells”, light colors) relieve tension from the NP; A change in the worldview and consciousness of judges is required.

Minuses:

Since Soviet times, the consideration of the NP case has been conducted by the most experienced judges; The status of the documents submitted to the social court is unclear. worker; The information collected by the social worker can be obtained by the judge himself by examining the circumstances of the case; The court should not take on additional functions (re-education, etc.).

Pros and cons of YuYu, according to experts:

Pros: There must be a specialist who collects information from different sources, can come to the family, refer the parents and child to the specialist required by the situation (investigation; resocialization); There must be a special approach to NPs, and in closed institutions non-social workers should work with children worker, but a psychologist; It is necessary to develop punishment measures that do not involve imprisonment; Shifting the goals of justice from punishment to prevention and re-education.

Minuses:

Various models of YuYu are taken as a basis, they are not fully developed, without a contract.

none of the databases can work in full; Duplication of functions, “plagiarism” of a social worker; competition with lawyers; Reducing punishment, conditional punishment leads to connivance and permissiveness (proportionality of punishment); There should be a reduction in the age for serious crimes; The problem of NP crime should be dealt with by professionals, not social workers;

Pros and cons of JJ, according to juvenile delinquents and their parents:

Pros: In the presence and presence of a social worker, there is a different attitude towards the NP during the investigation, at trial; It is necessary to mitigate the punishment for the NP.

• Minuses:
• Results
• Children should still be raised by parents, and not by other people's uncles and aunts...

In any case, you have to spend money on a lawyer; And, finally, the most important thing. Among the adults surveyed, only 7% know about juvenile justice. Among juvenile delinquents, 12% of respondents know about this institute, among law-abiding schoolchildren - 0%. After everything I read, my attitude towards YU shifted from extremely negative to the direction of doubt: is it really so bad if specialists deal with minors? In the field of criminal proceedings, the creation of juvenile courts is undoubtedly good; teenagers need a special approach, their own system of punishment, individual social rehabilitation... In the field of civil law... I am against the interference of strangers in the private life of a family. Thus, the juvenile justice standards in force in EU countries allow children to be removed from families under completely ridiculous pretexts and transferred to foster families. For example, three children were “mistakenly” taken from one English family and transferred to another family. A few years later, when the fact of the “mistake” was proven in court, the court, nevertheless, left the children in a foster family “so as not to traumatize them.” Juvenile “genocide” is already flourishing in full swing in Latvia. Russian parents, by not raising their children Latvians, according to local authorities, are committing a crime against them, limiting their opportunities for career growth. Isn’t this a reason for removing children from families where they cannot be provided with a “full upbringing”? Late appointments with doctors at a children’s clinic, late vaccinations, frequent screaming and crying of a child are not reasons for taking drastic measures, such as removing a child from the family and deprivation of his parents' parental rights.

Source: https://svetik-rabbit.livejournal.com/3513.html