Juvenile Justice: what is it? The problem of juvenile justice in the Russian Federation

The section of jurisprudence that covers the problems with the law of underage citizens, this is juvenile justice. What it is today will be able to tell any investigator or lawyer. On the one hand, the section deals with the trials of juvenile offenders, and on the other hand, the protection of those same children from encroachments by adults. With the first part, everything is clear. Everyone should answer for their actions. But juvenile justice in Russia, concerning the protection of the rights of minors has many nuances.

Historical facts

Minor criminals had a special status even in the times of the Russian Empire. If you consider the Code of Criminal and Corrections of 1845, the responsibility for the actions began with seven years. For infractions of young children, parents were punished. In December 1866, Alexander II approved the law on the maintenance of juvenile offenders in special colonies with less strict living 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 after reaching 10 years. In addition, the boys were given the opportunity to remain novices in the monastery in exchange for punishment in the colony. The foundations of juvenile justice in the modern version actively developed at the beginning of the XX century. The first children's court appeared in 1910 and existed until the October Revolution. However, during the First World War this segment of jurisprudence suspended its development.

In 1922, measures of punitive criminal responsibility were strengthened. According to the legislation of those times, a criminal at the age of 16 had the same penalties as an adult. A juvenile offender could place a colony of strict regime in a common cell. Not assigned to criminals under the age of 18 only the highest measure of restraint - execution.

How are things today?

Modern juvenile justice in the first time was legislatively fixed only in 1995. Then came the Presidential Decree of 14.09.1995, in which the plan of action in favor of minors was approved. In order to strengthen the legal protection of children, a special system was developed, which was officially called "juvenile justice". What is this section? What spheres of life does it cover? These and many other questions were not initially answered by specialists. After all, the concepts concerned not only the responsibility of minors before the law, but also the protection of the rights of children.

In 1998, a law was passed that dealt with basic guarantees of the rights of the child in the Russian Federation. For the first time, the notion of "children in a difficult life situation" appeared. These included minor boys and girls who have behavioral abnormalities, live in poor families, or suffer violence from adult relatives. The most active in this regard was the development of juvenile justice in Moscow. Social workers kept records of dysfunctional families, followed the children whose parents have problems with the law.

The turning point in the juvenile justice of Russia was the decision of the Supreme Court of February 14, 2000. Under his circumstances, a minor offender could be released from criminal liability if he could reconcile with the victim or his relatives.

In 2008, the Family Code was amended. Chapter 22 appeared, which describes the possibility of withdrawing children from families in a difficult life situation. If within a certain period the situation does not change, the children are identified in special institutions for placement in new families. There was also an article of the Criminal Code, which provides for the responsibility of parents for failure to fulfill their obligations to educate a minor. That is, the juvenile justice more deeply covers the possibility of child protection. What does it mean? In fact, the practice of domestic punishments is prohibited both by the family and the Criminal Code.

To date, there are bills on which the model of juvenile justice should not be limited to the creation of criminal courts for juvenile cases. Experts argue that a special system of execution of punishments should be created for persons under the age of 18. In addition, questions regarding children deprived of parental care should be more broadly addressed. Adults can be deprived of the right to educate their children only in exceptional cases.

Some projects also cover medical issues related to family planning and sexual education for minors. The introduction of a special subject in schools will significantly help reduce the criminality and birth rate of children in families with a difficult life situation.

Is legal and judicial reform necessary?

The system of bodies for the prevention of juvenile delinquency today does not work in full force. The rights of young children in families who are in a difficult life situation are also not fully protected. In recent years, the foundations of the family have significantly weakened. According to social polls, more and more children tend to spend time with friends, not their relatives. Social networks also have a negative impact on adults. The educational duties of general educational institutions also decreased.

Experts argue that judicial and legal reform is necessary. Changes in the first place should concern the work of social services. There should be established a quality record of children who were left without parental care. The problem of juvenile justice in the Russian Federation is first of all a global lack of information. Education should also be included in the work. Teachers should keep a daily record of children in class. The reason for the absence of the student must be ascertained.

Juvenile justice in Moscow and other cities of the country is closely interrelated with all spheres of life. In recent years, the number of parents who abuse children has increased significantly. The economic crisis plays an important role here. Many, left without work, do not have the opportunity to feed their families. The result is a prolonged depression. Morally debilitated adults begin to disrupt their anger at children. It turns out that to significantly reduce violence in families will help create additional jobs. Economic stability is the guarantee of a happy life for the citizens of the country.

Judicial and legal reform should also concern the control of children's access to social networks. On the Internet in the open access there is a lot of information that can hurt the weak child's psyche. If you limit the access of minors to certain sites, you will be able to reduce child aggression. As a result, the number of crimes committed by citizens under the age of 18 will decrease.

Commission for the Affairs of Minors

The main problem of juvenile justice in Russia lies in the imperfection of domestic legislation. Projects that relate to children require close attention from specialists. It is believed that the main unit of juvenile justice should be a special commission for the affairs of minors. The Russian system differs significantly from the Western one. In a number of countries special juvenile justice bodies have been set up. It is these bodies that decide the fate of juvenile offenders and are responsible for the upbringing of children who have been left without parental care. In Russia such issues are solved by the same body that works with adult citizens.

Today in the country there are commissions on affairs of minors, created in the Soviet times. Their activities are based on existing federal laws. The main task of the body is to prevent homelessness and unlawful actions of minors who have not been taken into account by adults. In addition, commission officers should do everything to ensure the protection of rights, as well as the interests of minors. For children who are in a difficult life situation, social and pedagogical rehabilitation is carried out.

The work of the commission on juvenile affairs gives positive results. Due to the monitoring of low-income families, it is possible to identify parents who do not cope with their duties. However, such work should be carried out more actively. The interaction of social services with schools and other educational institutions will reduce the level of juvenile delinquency, reduce the number of minors in difficult life situations.

The basic positions on formation of juvenile justice

Experts believe that the system, which operates today, must be completely destroyed. A new draft of juvenile justice should be implemented in such a way as in the West. At the same time, reforms should be carried out gradually, in accordance with Russian reality. International juvenile justice provides for the interaction of various spheres of life. Protection of minors will be possible if not only social services, but also educational institutions, trade unions are included in the work.

There are also opposite positions. Some experts believe that the organs of juvenile justice do not represent any benefit to society. Courts, guardianship authorities and other structures that have operated since the times of the Soviet Union are doing their job well. There is an opinion that the introduction of juvenile justice in Russia is a redundant measure. All that needs to be done is to make efforts to improve the existing system. A complete replacement of the structure will require a lot of financial as well as physical expenses.

Juvenile justice does not eliminate juvenile delinquency . What is it, in its essence? This is a system of punishment for juvenile offenders, as well as protection of the rights of children to parents who do not cope with their duties. But in the first place, educational work should be conducted on the methods and methods of education. If children grow in love and care, juvenile crime will be reduced at times. It turns out that it is not necessary to improve the system of punishments. The main role should be given to the education of young parents. And social services can cope with this task.

Non-acceptance of juvenile justice by the public

The introduction of the first principles of juvenile justice in Russia caused a storm of negative opinions and statements. In the opinion of opponents of innovations, the western norms completely contradict the national mentality, spirituality and traditions, which developed over the years. In Russian society it is believed that a child should respect his parents. Fathers and children should not be on equal footing. According to Western norms, children have the same rights as parents. Experts believe that this eventually leads to destabilization of the family, school and society as a whole. Incorrectly educated child is more prone to criminal deeds.

Against the juvenile justice of the Western model are such famous figures as journalist Mikhail Leontyev, actress Ekaterina Vasilyeva, political consultant Anatoly Vasserman. According to some politicians, juvenile technologies tend to split the Russian public into two camps.

Negative results of the activities of the organs of juvenile justice

Pilot projects concerning juvenile justice have already been launched in Russia. They had negative results. First of all, this is a violation of the rights of parents. Each family uses its own methods of education. According to the western norms of juvenile justice, a child can decide independently what to do and how to act in a specific situation. In this case, parents can not prohibit him. This situation has a very negative impact on the development of immature individuals.

Juvenile justice has led to a significant increase in cases of deprivation of parental rights. How to defend themselves in this situation, adults do not always know. In many cases, the court decides not to favor the family. In this case, both adults and children suffer. The introduction of the norms of juvenile justice also leads to an increase in the number of cases of juvenile delinquency. Although, it would seem, it should be vice versa. The child, left without parental attention, begins to commit wrong deeds.

Powers of juvenile organs

According to experts, negative results were obtained due to excessive expansion of powers of bodies that are part of the juvenile structure (social workers, courts). Moreover, the rights of the child are misunderstood. Unfortunately, recently uncontrolled introduction of juvenile organs into the affairs of individual families has increased substantially. There are already cases when children were withdrawn from families even on an absurd occasion. The child suffered in the first place.

According to Western trends, juvenile authorities can also dictate to parents how to properly educate a child. It is in Europe that it is believed that a small person grows and develops in society, and parents play only a secondary role. Therefore, Mom and Dad have much less influence on a particular child than school psychologists, teachers, doctors.

Alternative reforms in the juvenile sphere

Western jurisprudence and juvenile justice in no way can influence the development of the Russian state. To educate a normal society, one should only amend the existing family law. Work related to the protection of the family and childhood should be aimed at reducing the number of abortions, supporting large families, helping children who have lost their parents. A special commission should be established in each school. Social services should conduct their work actively, but not aggressively.

Special attention should be paid to children's correctional institutions. It should be clarified in the first place, why the child went to the crime. Often children commit unlawful acts under the influence of adults. Correctional facilities should work to re-educate children, teach them the principles of morality and justice.

The introduction of new juvenile principles can not do without economic aspects. Close attention should be paid to the financing of low-income and large families. The creators of family-type shelters should also be encouraged. If the family is provided with high-quality food, the children will be dressed and shod, they will be able to have a great summer vacation, it is unlikely that they will be talking about juvenile delinquency.

Summarize

Juvenile justice should develop in Russia? Both children and parents will only benefit if they receive more attention from the state. However, attention should be directed to the development of the family as a whole. Aggressive principles of juvenile justice, used in some Western countries, are not suitable for Russian society.