On the Theoretical Model of Optimizing the Criminal Procedural Status of Minors at Certain Stages of Pre-Trial Proceedings
Автор: Svyazenina A.A.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовно-правовые науки
Статья в выпуске: 4 (62) т.16, 2025 года.
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Introduction: this article addresses the pressing issue of optimizing the criminal procedural status of minors in pre-trial proceedings. Pre-trial criminal proceedings are characterized by increased psycho-emotional trauma, which is particularly dangerous for the immature personality of minors. This article, based on an analysis of current doctrine, law enforcement practice, and statistical data, substantiates the need for a fundamental revision of the approach to the criminal procedural status of minors. The purpose of the study is to develop a conceptual framework and specific proposals for fundamental reform of criminal proceedings involving minors. Materials and Methods: in preparing this article, a dialectical method of understanding socio-legal and moral phenomena was used. In the presentation of the article, comparative legal methods were used (allowing for a comparison of current legal norms and the results of their implementation in practice), dogmatic methods (helping to formulate new legal norms), and statistical methods (through which qualitative and quantitative indicators were summarized). Literature Review: This work is based on an analysis of the opinions of leading academic researchers working on the stated topic, the current state of criminal procedure legislation, official statistics from the Russian Ministry of Internal Affairs, and data from the Russian Human Rights Commissioner, as well as a review of scientific approaches to the problem. Results: the author's concept of understanding the criminal procedural situation, a differentiated approach to categorizing juvenile participants in the process based on age and legal capacity, as well as a number of specific proposals for improving legislation are proposed. These include: abandoning the stage of initiating a criminal case as a means of minimizing secondary injury; the introduction of digital technologies in the final stages of the investigation.; adaptation of institutions for the termination of criminal proceedings and compulsory educational measures to a justice system favorable to minors. Discussion and Conclusions: In order to minimize the existing problems of criminal proceedings involving minors, proposals have been formulated to optimize the current legislation, introduce certain amendments and additions.
Minors, criminal procedural status, pre-trial proceedings, justice favorable to minors, psychoemotional traumatism, optimization, digitalization, compulsory educational measures, termination of a criminal case
Короткий адрес: https://sciup.org/142246816
IDR: 142246816 | УДК: 343.2 | DOI: 10.37973/2227-1171-2026-16-4-159-164