The Section of law that covers the problems with the law of minors, it is the juvenile justice system. What it is today will be able to tell any investigator or lawyer. On the one hand, the section is engaged by the courts on young offenders, and on the other protecting those children from abuse by adults. The first part of all clear. For your actions everyone must answer. But juvenile justice in the Russian Federation concerning the protection of minors has a lot of nuances.
The Special status of juvenile offenders had in the days of the Russian Empire. If we consider the penal Code and criminal corrections 1845 from liability for the acts began with seven years. For the misdeeds of young children received the punishment of parents. In December 1866, Alexander II approved the law on the maintenance of minor criminals in special colonies with less strict conditions. The guys here could learn and work. Even then, boys and girls were kept separately.
In the Criminal code of 1903, the age of criminal responsibility was changed. Juvenile offenders could be punished already on reaching 10 years. In addition, the boys had the opportunity to be novices in a monastery instead of punishment in prison. Foundations of juvenile justice in the modern version is actively developed in the early twentieth century. The first children's court appeared in 1910 and lasted until the October revolution. However, during the First world war, this segment of law has suspended its development.
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In 1922, efforts were intensified punitive criminal liability. According to the legislation of those times a criminal at the age of 16 years was carrying the same punishment as an adult. The juvenile offender could be placed in a common cell colony. They are not assigned to criminals under the age of 18 years, only the highest measure of restraint – execution.
The Modern juvenile justice system in Russia was first enshrined in law only in 1995. Then came the presidential Decree of 14.09.1995 of the year in which was adopted the plan of action in the interests of a minor. In order to strengthen legal protection for children has developed a special system, which received the official name "juvenile justice". What is this section? What areas of life it covers? For these and many other questions initially didn't have answers from the experts. After all, the concept was not only the responsibility of minors before the law, but the protection of children's rights.
In 1998, a law was passed concerning the main guarantees of children's rights in the Russian Federation. First, the notion of “children in difficult life situations”. This includes underage boys and girls who have behavioral problems, live in poor families or suffer violence from adult relatives. Most active in this respect, has developed juvenile justice in Moscow. Social workers maintain records of dysfunctional families, followed by children whose parents have problems with the law.
A Turning point in juvenile justice in Russia was the decision of the Supreme court of 14 February 2000. Under the terms of a juvenile offender could be released from criminal liability if it was able to reconcile with the victim or his relatives.
In 2008, changes were made to the Family code. Appeared Chapter 22, which describes the possibility of removal of children from families in difficult life situation. If within a certain period of time the situation has not changed, determine the kids in special institutions for the device in the new family. There are also article of the Criminal code, which provides for liability of parents for failure to perform duties for the upbringing of minors. That is more deeply covered the possibility of child protection, the juvenile justice system. What does it mean? In fact the practice of domestic punishment is prohibited both family and Criminal codes.
To date, there are bills on which model of juvenile justice should not be confined to the creation of criminal courts for minors. Experts say that there should be established a special system for the execution of sentences in respect of persons under the age of 18 years. In addition, more advanced issues should be handled in relation to children deprived of parental care. Adults can be deprived of the right to education of their children only in exceptional cases.
Individual projects is intended to encompass also medical issues relating to family planning and sexual education of minors. The introduction of a special subject in schools will greatly help to reduce crime and the birth rate of children in families with a hard situation.
Organ System of prevention of juvenile delinquency today is not in full force. Are not protected fully and also the rights of young children in families who are in difficult life situation. In recent years significantly weakened the foundations of the family. According to public polls, more and more kids are committed to spend time with friends, nottheir relatives. Negatively on adults is also influenced by social network. Also decreased and the educational responsibilities of educational institutions.
Experts say that judicial reform is necessary. Changes must first refer to the work of social services. There should be high-quality records of children left without parental care. The problem of juvenile justice in Russia – it is primarily a global shortage of information. The work must also include and educational institutions. Teachers should keep records on the children in the classroom. The reason for the absence the pupil should be required to find out.
The juvenile justice system in Moscow and other cities of the country are closely interrelated with all spheres of life. In recent years significantly increased the number of parents who have abused children. Not last role is played here by the economic crisis. Many unemployed do not have the opportunity to feed the family. The result is prolonged depression. Mentally exhausted adults begin to pluck their anger on children. It turns out that to significantly reduce domestic violence will help create more jobs. Economic stability-the key to a happy life of its citizens.
Judicial reform should also apply to control children's access to social networks. Online free there is a lot of information, which can injure the weak child's mind. If you limit the access of minors to certain sites, can reduce children's aggression. The result reduced the number of crimes committed by citizens under 18 years old.
The Main problem of the juvenile justice system in Russia is the imperfection of domestic legislation. Projects that relate to children, require attention from specialists. It is believed that the main link of the juvenile justice system should be a special Commission on Affairs of minors. The Russian system differs significantly from the West. In a number of countries have established special judicial bodies on Affairs of minors. These bodies decide the fate of young offenders and are responsible for the upbringing of children left without parental care. In Russia, however, such issues are decided by the same body that works with older citizens.
Today in the country there is a Commission on Affairs of minors, created in Soviet times. Their work is based on existing Federal laws. The main objective of the authority is to prevent homelessness and illegal actions of minors who are left without adult supervision. In addition, personnel committees must do everything to protect the rights and interests of minors. For guys who find themselves in difficult life situation, a social-pedagogical rehabilitation.
The work of the Commission on Affairs of minors gives positive results. By monitoring low-income families are able to identify parents who fail in their duties. However, such work should be conducted actively. The interaction of social services with schools and other educational institutions will reduce the level of juvenile crime, reduce the number of juveniles in difficult life situations.
Experts believe that the system that operates today must be completely destroyed. A new draft of the juvenile justice system needs to be implemented in the same form as in the West. This reform should be conducted gradually, in accordance with the Russian reality. International juvenile justice envisages cooperation in various spheres of life. To protect minors will be able that the work will be included not only social services but also educational institutions, trade unions.
There are also opposite positions. Some experts believe that juvenile justice is not present no benefit to society. The courts, guardianship and other structures that have operated since the Soviet times, it is quite cope with their responsibilities. There is a perception that the introduction of juvenile justice in Russia – it is a redundant measure. All you need to do is to make efforts to improve the current system. A complete replacement of structures will require substantial financial and physical costs.
Does Not eliminate juvenile crime juvenile justice. What is it, essentially? It is a system of punishment of juvenile delinquents and protection of children's rights to parents who fail in their duties. But first and foremost should be education on the modes and methods of education. If the children will grow in love and care, juvenile delinquency will be reduced significantly. It turns out that it is necessary to improve not punishment. The main role should be given to the training of young parents. And with this task perfectly capable of socialservice.
The Introduction of the first principles of the juvenile justice system in Russia has caused a storm of negative opinions and statements. According to opponents of the innovations, Western standards completely contrary to the national mentality, spirituality and traditions, which evolved over the years. In Russian society it is believed that children should respect their parents. Fathers and sons should not be equal. According to Western standards, children have the same rights as parents. Experts believe that this ultimately leads to destabilization of family, school and society in General. Improperly educated child is more prone to criminal acts.
Against the juvenile justice system of the Western model are such famous figures such as the journalist Michael Leontev, the actress Yekaterina Vasilyeva, political consultant Anatoly Wasserman. According to some political figures, juvenile technologies tend to split Russian society into two camps.
Russia has already been running pilot projects relating to juvenile justice. They had negative results. First and foremost, it is trampling on the rights of parents. Every family uses its own methods of education. According to Western norms of juvenile justice to the child to decide what to do and how to act in a particular situation. While parents can't stop him. This situation negatively affects the development of immature personality.
Led to a significant increase of cases on deprivation of parental rights, the juvenile justice system. How to protect yourself in this situation, adults do not always know. In many cases the decision is accepted by court not in favor of the family. This affects both adults and children. The introduction of the norms of the juvenile justice system also leads to an increase in the number of cases of juvenile crime. Although it would seem, should be the opposite. The child, left without parental attention, begins to make wrong actions.
According to experts, negative results were obtained in relation to the excessive expansion of the powers of bodies, which are part of juvenile structures (social workers, judges). In addition, incorrectly interpreted the rights of the child. Unfortunately, the recent increases substantially uncontrolled introduction of juvenile authorities in the Affairs of individual families. There are already cases when children were removed from families for absurd reason. The child suffered first.
According to the Western trends, juvenile authorities may also dictate parents how to raise a child. After all, in Europe it is believed that the little man grows and develops in society, and parents play only a minor role. So mom and dad much less impact on the individual child, rather than school psychologists, teachers, doctors.
Western jurisprudence and juvenile justice can not influence the development of the Russian state. To educate normal society, it is only necessary to amend existing family law. Work related to protection of families and children, should be aimed at reducing the number of abortions, support of large families, assistance to children who remained without parents. A special Commission should be established in each school. Social services should conduct its work is active, but not aggressive.
Special attention should be given to a children's correctional institutions. You should find out first why the child went on the offense. Often illegal acts children commit under the influence of adults. Correctional facilities should work for the rehabilitation of children, training in the principles of morality and justice.
The Introduction of new principles of the juvenile can not do without economic aspects. Close attention should be given to funding the poor and large families. It should also encourage the creators of orphanages of family type. If the family will be provided with quality nutrition, children will be clothed and shod, will be able perfectly to spend summer vacation, it is unlikely you will be talking about juvenile justice.
Whether to develop in Russia the juvenile justice system? Children and parents will benefit if they get more attention from the state. However, attention should be focused on the development of the family as a whole. Aggressive principles of juvenile justice, used in some Western countries, not suitable for Russian companies.
Article in other languages:
KK: https://tostpost.com/kk/za/704-yuvenal-naya-yusticiya-b-l-ne-m-sele-yuvenaldy-d-let-rf.html
TR: https://tostpost.com/tr/hukuk/710-ocuk-adalet-bu-nedir-sorun-ocuk-adalet-rf.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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