The principle of the special status of a minor in the framework of criminal proceedings in Russia

Бесплатный доступ

Introduction: In the Russian criminal procedure legislation, a minor offender occupies a special position. Due to the age characteristics of physical, mental and emotional development, this particular subject needs additional guarantees of protection from the state. The article substantiates the position of the existence of the principle of the special status of a minor in the framework of modern criminal proceedings in Russia, which finds its implementation in the most individual approach of the law enforcement officer to the investigation of the circumstances of the offense committed by a minor, in the increased level of protection of the rights and legitimate interests of a minor, in the restorative nature of criminal proceedings against a minor, in the proportionality of the measures of state coercion applied to a minor to the specifics of his personality and the circumstances of the offense committed, as well as in the resocialization of the minor. Materials and Methods: the research was based on the legislation of the Russian Federation, scientific research in the field of pre-trial and judicial proceedings in criminal cases against minors, materials of judicial practice. The methodological basis of the research is the general dialectical method of scientific cognition, as well as methods of logical deduction, cognitive methods and techniques of analysis, comparison, generalization and description. In addition, the survey method was used by interviewing representatives of the preliminary investigation bodies. Results of the Study: allowed us to identify the main problems of the formation and prospects for the development of juvenile justice in Russia. Findings and Conclusions: the analyzed norms of the current legislation, the analysis of materials of judicial practice, the survey of preliminary investigation bodies allowed us to establish that today, in the framework of criminal proceedings in Russia, despite the lack of legislative consolidation in Chapter II of the Code of Criminal Procedure of the Russian Federation, there is the principle of the special status of a minor, which is implemented in a number of legislative provisions. Some of these provisions need further improvement on the part of both the legislator and the law enforcement officer. At the same time, Russia has already made significant steps in creating a child-friendly justice system.

Еще

Minor, juvenile, crime, criminal proceedings, juvenile proceedings, the principle of the special status of a minor

Короткий адрес: https://sciup.org/143174442

IDR: 143174442   |   DOI: 10.24412/2312-3184-2021-2-115-128

Статья научная