The subject composition of the procedural model of protection a minor in the criminal proceedings of Russia
Автор: Mikhailova T.N., Sevastyanova O.D.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Статья в выпуске: 3 (31), 2024 года.
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Due to age and psychophysiological personality traits, lack of life experience, low level of social adaptation and education, minors are the most vulnerable participants in criminal court proceedings. In this regard, it is this category of persons that requires increased at-tention, both from the legislator and from the law enforcement officer. At the present stage of the development of juvenile justice in Russia, an effective procedural model for the protection of their rights and legitimate interests should be developed. The subject matter of this model should be clear and transparent, ensuring to the maximum extent the specif-ics of protecting the rights of minors involved in criminal proceedings required by interna-tional law. The research was based on the legislation of the Russian Federation, a review of law enforcement practice, as well as scientific research in the field of the formation and development of juvenile justice in Russia. The methodological basis of the research was the general dialectical method of scientific cognition, as well as meth-ods of logical deduction, cognitive methods and techniques of analysis, comparison, gen-eralization and description. The conducted research made it possible to identify topi-cal issues and problematic points in the implementation of protective mechanisms in rela-tion to juvenile participants in criminal proceedings. In this connection, an adjustment of the criminal procedure norms is proposed, which consolidate the legal status of some sub-jects of the procedural model of protection of a minor in the criminal process of Russia. Today, it is precisely coordinated work on the provi-sion of professional legal, professional pedagogical, professional psychological assistance from a defender, teacher, psychologist and non-professional assistance (moral support) from a legal representative that should act as a guarantor of the legality of juvenile crimi-nal proceedings in Russia.
Minor, criminal proceedings, juvenile court proceedings, procedural model, defender, legal representative, psychologist, teacher
Короткий адрес: https://sciup.org/143183373
IDR: 143183373 | DOI: 10.55001/2587-9820.2024.48.86.015