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Juvenile justice

Juvenile justice ( lat. Juvenālis “juvenile”; lat. Jūstitia “ justice ”) - the legal basis [1] [2] [3] [4] of the systeminstitutions and organizations administering justice in cases of offenses committed by minors [5] [6] [7] .

Content

History

Since the 1870s, the citizens of the American city of Boston, Cook and Augustus began to offer judges not to apply to minors who are able to take the path of correction, punishment, but to transfer them under the supervision of guardianship authorities.

In July 1899, the first Children's Court was established in the United States in Chicago based on the Illinois Law on Abandoned, Homeless, and Criminal Children and their Care. The adoption of the Law and the creation of a juvenile court were initiated by Lucy Flower of the Chicago Women's Club, Julia Latrop of the Hall House public organization, and the Visitation and Aid society. To consider cases of minors, a new concept was introduced: “guilty”, “delinquent” ( English delinquent ), which differs from the concept of “criminal” ( English criminal ), found fixing the status of a juvenile delinquent, which became the subject of juvenile justice.

Later, the idea of ​​juvenile justice was developed in the UK, where in 1908 a series of laws on children and youth were adopted. In France, the first juvenile court was established in 1914 based on US experience.

To date, several models of juvenile justice have developed in the world: Anglo-American, continental and Scandinavian.

Juvenile System

The juvenile justice system is a network of institutions and organizations [8] [9] that work together with juvenile offenders [9] , whose activities are based on laws and procedural rules governing the treatment of minors [10] . These institutions and organizations include the police, courts, prosecutors, prosecutors, prisons, probation and juvenile correctional services [8] .

The following example of such a system is known: .

Juvenile Court

The central element of the juvenile justice system is the juvenile court, within its competence, considering criminal, civil and administrative cases in which one of the parties is a minor [11] . The main tasks of juvenile courts include the protection of children and their rehabilitation [12] .

Juvenile Justice in Russia

In Russia, work to create a new specialized judicial legal system for the protection of the rights of minors was actively carried out until 2010 inclusive. It is supposed that it should be represented by both state bodies administering justice in cases of crimes and offenses committed by minors, and state and non-state structures that oversee the correction and rehabilitation of juvenile delinquents and the prevention of juvenile delinquency, social protection of the family and the rights of minors.

In particular, a draft Federal Law “On the Basics of the Juvenile Justice System” of 02.14.05 [13] was developed. The procedure for introducing juvenile courts into the judicial system of the Russian Federation is determined by the Federal Constitutional Law “On Juvenile Courts in the Russian Federation” and as a bill was proposed by public organizations [14] . The concept of the Juvenile Court of the city of Rostov-on-Don (special judicial composition for juvenile district courts of the city) was developed [15] .

In Russia, there are [16] [17] [18] juvenile justice in the broad and narrow sense of the word:

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

The juvenile justice system (juvenile system [19] ) in Russia is understood as a theoretical and legal construction that includes a set of mechanisms aimed at realizing and ensuring, on the basis of statutory procedures, the rights, freedoms and legitimate interests of a minor and implemented within the framework of the activities of specialized juvenile services and institutions profile [19] [20] . In the juvenile justice juvenile justice system, a central place is assigned [19] .

The Russian Orthodox Church does not support work on reforming the existing system for the prevention of child neglect and juvenile delinquency [21] . Youth Yabloko, on the contrary, supports the introduction of juvenile justice in Russia [22] .

See also

  • Juvenile court
  • Ombudsman
  • Juvenile Justice in France
  • Luzern County Child Sale Case
  • Child protection
  • Cambridge Somerville Youth Study

Notes

  1. ↑ Juvenile Justice // Pedagogical Encyclopedic Dictionary / Ch. ed. B.M. Bim-Bad . - M .: Big Russian Encyclopedia , 2003. copy (unopened) (inaccessible link) . Date of treatment June 12, 2013. Archived May 26, 2013.
  2. ↑ Kaeren M. Hess Juvenile Justice . Fifth Edition ed. Wadsworth, 2009.446 s.
  3. ↑ Voronova E. L. Juvenile justice: the formation of a probation system in the Rostov Region // Website of the Rostov Regional Court, 06/01/2007.
  4. ↑ Alisa Agranat Is Russia Ready for Juvenile Justice? // IA REGNUM , 12/22/2010.
  5. ↑ What is Juvenile Justice? // NPC Research.
  6. ↑ Chernobrovkin V. S. Place of the juvenile justice commissions in the juvenile justice system // Issues of juvenile justice , No. 1 (4), 2005.
  7. ↑ Voronova E.L. Seven Questions about Juvenile Justice // Juvenile Justice in Russia, 11.2009.
  8. ↑ 1 2 What Parents Should Know About the Juvenile Justice System // Third Judicial District Court.
  9. ↑ 1 2 Shahid M. Shahidullah Crime policy in America: laws, institutions, and programs . University Press of America , 2008.311 p.
  10. ↑ Introduction to Juvenile Justice in Virginia // Virginia Rules.
  11. ↑ Boyko S. S. The special composition of courts of general jurisdiction in ensuring the protection of the rights and legitimate interests of minors (administrative aspect) // Lawyer - Lawyer, No. 1, 2010, pp. 79-83.
  12. ↑ Lisa Guerin, Patricia Gima. Nolo's Guide to California Law, 2008: “Juvenile court is a special branch of the court system designated to deal with problems affecting children. The goal of juvenile courts is to protect and rehabilitate children. Matters handled in juvenale court include: child neglect, status offenses, criminal offenses »
  13. ↑ Draft Federal Law “On the Basics of the Juvenile Justice System” of 02.14.05. (unopened) (inaccessible link) . Date of treatment June 12, 2013. Archived on September 20, 2012.
  14. ↑ Federal Constitutional Law "On Juvenile Courts in the Russian Federation". (unopened) (inaccessible link) . Date of treatment June 12, 2013. Archived March 18, 2013.
  15. ↑ The concept of the Juvenile Court of the city of Rostov-on-Don (special judicial structure for juvenile district courts of the city). (unopened) (inaccessible link) . Date of treatment June 12, 2013. Archived October 16, 2012.
  16. ↑ A. V. Komarnitsky Scientific and legal substantiation of the system "Juvenile Justice" and the discipline "Fundamentals of Juvenile Justice" // Leningrad Journal of Law, No. 2, 2009. P. 141-157.
  17. ↑ Ionin L. G. On the principles of modern politics in the field of family and demography (pdf-file). Higher School of Economics, Moscow, 2010.
  18. ↑ Poltavtseva L. I. Juvenile criminal policy and juvenile justice: a correlation problem // Lawyer - Jurisprudence, No. 4, 2010, pp. 23-27.
  19. ↑ 1 2 3 Predeina I.V. Legal and theoretical foundations for the development of juvenile justice in Russia . Dis. ... cand. legal Sciences, Saratov, 2005.259 s.
    “The juvenile system for protecting the rights of minors is a theoretical and legal construction that includes a set of mechanisms of a legal, socially corrective, medical, psychological, rehabilitation, educational and preventive nature, aimed at ensuring the well-being of a minor in society and implemented as part of the activities of specialized juvenile services and institutions profile. ”
  20. ↑ Church of S.V. Formation of juvenile justice: issues of civil procedure legislation of the Russian Federation (experience of the Rostov region) // Juvenile justice in Russia, 03.20.06.
    “The juvenile justice system is a combination of state bodies, local self-government bodies, state and municipal institutions, officials, non-governmental non-profit organizations that carry out actions based on statutory procedures aimed at realizing and ensuring the rights, freedoms and legitimate interests of a child (minor). Within the framework of the juvenile justice system, programs, projects and activities of a social, pedagogical, legal, psychological and medical nature are being implemented aimed at the prevention of illegal behavior and the rehabilitation of the child. ”
  21. ↑ A rally of the “Essence of Time” social movement and parent committees regarding the collection of 135,000 signatures of citizens against promoting ambiguous juvenile laws in Russia. September 22, 2012
  22. ↑ Youth APPLE held a roundtable discussion on juvenile justice. December 9, 2015

Literature

  • Ismailov B. I. Legal basis of the juvenile justice system . Tutorial. Tashkent: AGOS. 2002.231 s.
  • Krivoruchenko V.K. Juvenile justice: to the current legal and pedagogical discussion // Information humanitarian portal “ Knowledge. Understanding. Skill . " - 2012. - No. 6 (November - December) ( archived in WebCite ) .
  • Melnikova E. B. Juvenile Justice: Problems of Criminal Law, Criminal Procedure and Criminology. M., 2000.
  • Sadovnikova M. N. Some Aspects of the Resocialization of Minors in Foreign Countries // Siberian Law Journal, No. 2 (45), 2009.
  • Summoned S. They have forms - Expert No. 50 (639) / Dec 22, 2008 - on some aspects of law enforcement practice in Germany

Links

  • Parents ganged up on juvenile justice
  • UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) // Memorial
  • UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) // Memorial
Source - https://ru.wikipedia.org/w/index.php?title= Juvenile Justice &oldid = 100854347


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