scholarly journals Different Approaches to the Social and Psychological Support for Adolescents in Conflict with the Law: Russian and Foreign Experience

2014 ◽  
Vol 6 (3) ◽  
pp. 51-60
Author(s):  
A. Velikotskaya ◽  
A.V. Ivanova

The article is devoted to the socio-psychological support and re-socialization of adolescents who are in conflict with the law. Effective conditions for social and psychological support and re-socialization of adolescents in the situation of the offense, according to the authors, is directly related to the response mechanisms of the state and society on juvenile delinquency. Therefore, this article focuses on the analysis of different ways to respond to juvenile delinquency in the Russian and foreign governmental systems. A separate section is devoted to the practice of restorative justice, which is implemented on the border of the legal, social, educational and psychological areas and is an important component of social and psychological support to the teenager in the situation of the offense and a valuable resource to support system and creating conditions for the re-socialization of juvenile offenders.

Author(s):  
I Pande Ketut Arya Yarsita ◽  
Rodliyah ◽  
RR. Cahyowati

This study aims to examine and analyze the concept of decision making in the diversion process for children facing the law who are not yet 12 years old; and law enforcement decision making in the diversion process for children who are faced with a law that is not yet 12 years old (Study of the Chairperson of the Mataram District Court Number: 22/Pen.Div/2017/PN Mtr). The concept of decision making in the diversion process for children facing the law that is not yet 12 years old is the judge in imposing sanctions for children considering recommendations in the social research report made by community counselors to express and find data and information objectively about the development and background of life children from various sociological, psychological and other aspects while still paying attention to the best interests of the child. Law enforcement of decision making in the diversion process against children who are faced with a law that is not yet 12 years old emphasizes restorative justice which is the goal in the implementation of the diversion of cases of children facing the law. Law enforcement officials both Investigators, Community Guidance and Professional Social Workers conduct deliberations to reach a decision based on restorative justice that prioritizes the best interests of children.


2016 ◽  
Vol 9 (10) ◽  
pp. 187
Author(s):  
Seyedeh Fatemeh Seyed Saadat ◽  
Saeed Hakimiha

Present research was accomplished to survey penal mediation role in dissolving discord among peasants in Guilan province of Iran. Restorative justice is to make all parties participate in discord dissolution process and to decriminalize it with tools like mediation. It is based on a principle in which no culprit is pursued and also it is planning to relief victim. The law of criminal procedure in Article 82, projects “mediation” subject in crime deterrent grades 6, 7, 8. These crimes usually are pardonable or at least private complainer pardon is effective in mitigation. This issue causes reduction of criminal files and also criminal costs. It facilitates the social revive of the criminal. Modern criminal justice believes that penal mediation as one of settlement methods should follow special regulations which guarantee criminal and victim rights. This research is presented in four sections. This research is practical and the method is descriptive - analytical. Statistical population is consisting of 160 persons from many different villages in Guilan province. In order to collect data, questionnaire was administered and data analysis was performed using SPSS software. In forth section of this research, considering related questions, we were after to prove hypotheses. Results showed that criminal mediation can be settled by meetings performed by elders of villages in Guilan province and it prevents fights and claim .As a new look of criminal justice, it can be used as an appropriate instrument for judiciary.


Author(s):  
Matheus Zmijevski Custódio

Resumo: Em uma época na qual a especulação político-jurídica ainda estava submersa em abstrações metafísicas, e em que a história e a lei positiva eram desprezadas, o pensamento de Montesquieu anunciou um direito com o propósito de ser fidedigno às reais condições em que a sociedade surge, existe e evolui. Montesquieu não acreditava que a infinita diversidade de leis e costumes fosse unicamente produzida pela fantasia humana, ou seja, uma obra poiética sem relação com a realidade. Em seus tratados – mais precisamente, em “Do Espírito das Leis” –, ele defende a consideração da história como fonte de conhecimento para captar o porquê das condutas humanas – que se dá conforme as circunstâncias – e examinar a adequação de suas leis a estas. Posteriormente, à semelhança de Montesquieu – inclusive, resgatando-lhe conceitos, tais como o do “espírito geral da nação” –, adveio a chamada “Escola Histórica do Direito Alemã”, a professar o ordenamento jurídico como algo historicamente identificado, bem como exclusivamente próprio de um determinado povo. Friedrich Carl von Savigny, um dos maiores expoentes dessa escola, sustentava que o direito vive na prática e no costume, que são a expressão imediata da “consciência jurídica popular”. E isto seria devido ao fato de que todo povo tem um espírito, que se reflete numa numerosa série de manifestações, de modo que: moral, direito, arte, linguagem etc. são todos produtos espontâneos e imediatos desse espírito popular (o “Volksgeist”). Por sua vez, Karl Marx, que fora aluno de Savigny, acabou influenciado por muitos dos temas por este debatidos (tais como a propriedade), e foi-lhe fiel quanto ao princípio de que o direito procede do social – colocando-se, pois, nas mesmas diretrizes ponderativas empregadas por Montesquieu. No entanto, a perspectiva histórica de Marx possuía um sentido mais funcional do que a de seu antigo professor, não se reduzindo àquilo que considerava uma reverência exagerada às origens. Ele acaba por discordar da concepção de evolucionismo jurídico aplicada por Savigny (mais “continuista”), evidenciando a necessidade de lutar-se contra leis hostis aos reais costumes do povo, para, então, no âmbito do Estado e da sociedade, sanarem-se as desigualdades acarretadas pelo manejo legal oportunista.                                                                                                                       Palavras-Chave: Do Espírito das Leis. Espírito Geral da Nação. Escola Histórica do Direito Alemã. Consciência Jurídica Popular. Materialismo Histórico. Abstract: In an era in which the legal-political speculation was still submerged in metaphysical abstractions, and that history and positive law were neglected, the thought of Montesquieu announced a law in order to be authentic to the real conditions in which society emerges, exists, and evolves. Montesquieu did not believe that the infinite diversity of laws and customs were solely produced by human fantasy, or a poietic work with no relation to reality. In his treaties – more accurately, in “The Spirit of the Laws” – he argues for the consideration of history as a source of knowledge to grasp the reason of human behavior – which occurs according to the circumstances – and examine the adequacy of its laws to these. Later, like Montesquieu – even recovering his concepts, such as the “spirit of the nation” – came the so-called “German Historical School of Law,” professing the legal order as something historically identified and exclusively belonging to a particular people. Friedrich Carl von Savigny, one of the greatest exponents of this school, sustained that the law lives in the practice and custom, which are the immediate expression of “popular legal consciousness.” And this would be due to the fact that every people has a spirit, which is reflected in a large number of events, so that: moral law, art, language, etc. are all spontaneous and immediate products of this popular spirit (the "Volksgeist"). In his turn, Karl Marx, who was a pupil of Savigny, were influenced by many of the topics discussed by Savigny (such as property), and remained faithful to him in the principle that the law comes from the social – placing himself, therefore, under the same guidelines employed by Montesquieu. However, the historical perspective of Marx had a more functional sense than that of his former teacher, because it’s not reduced to what he considered an exaggerated reverence to the origins. After all, he disagreed with the conception of legal evolution applied by Savigny (more "continuist"), highlighting the need to fight against laws hostile to the actual customs of the people, and thereby, in the realm of State and society, eliminate inequalities brought about by the opportunistic legal management. Keywords: The Spirit of the Laws; General Spirit of the Nation; German Historical School of Law; Popular Legal Consciousness; Historical Materialism.


Author(s):  
Marina A. Boldina ◽  
Elena V. Deeva

Statistical data on the problem of juvenile delinquency are presented, which show that in the city of Tambov in 2020, juvenile delinquency increased by more than 5 %. The problematic field of juvenile offenders is considered, which is quite extensive and covers the range of emotional-psychological, material, intellectual and other areas of problems of this category of the population. The key direction in the system of crime prevention is highlighted as a comprehensive development of a program for early prevention of juvenile delinquency, with the help of which the circumstances and conditions that give rise to illegal behavior of adolescents are identified and eliminated. The programs of social prevention of juvenile delinquency, implemented in educational institutions, are considered. The content of the activities of a specialist in the implementation of social prevention programs in a general educational institution is analyzed, which carries out it through the study of the psychological and age characteristics of adolescent offenders, organizes various types of socially useful activities, helps to implement legal protection and social support for a juvenile offender and his family, and directs actions teachers on the prevention of offenses among students. A model is designed for organizing programs for the social prevention of juvenile delinquency in a general educational institution, which includes the following blocks: target; conceptual; content-methodological; procedural; criterion-effective, allowing in the early stages to prevent the emergence of illegal behavior of minors.


Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Ansori Ansori

The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014). Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice). Rechtsidee, 1(1), 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95


PRILOZI ◽  
2019 ◽  
Vol 40 (3) ◽  
pp. 77-89
Author(s):  
Ena Canevska ◽  
Emilija Stoimenova-Canevska ◽  
Nada Pop-Jordanova

Abstract Approaching to the maturity the adolescent population are living in continuous process of changes. They are faced with intermediated contact of the surroundings. As a consequence, the support of the social environment is necessary for the healthy development of the personality. The aim of this research is to investigate the relationship between the psychological support system and psychosomatic tendencies among adolescents named as “generation Z” in our country. The sample is composed of 106 (Nm=81, Nf=25) participants that accepted and filled in the on-line questionnaires. The students, especially those studying art and social and humanistic sciences, were more interested in participating in the research. Two psychological instruments (BOL-110 and HI test form the KON-6 battery) via Google form were applied. Based on the results gained from the complex interplay of the basic supports (Proactivity, Body, Thinking, Belonging) with psychosomatics, among generation Z, we have figured out three profiles of personality: a) healthy, b) with high tendencies to psychosomatics and c) with high tendencies to develop severe mental health disorders. The suggestions how to sustain health are final recommendations of this work.


2021 ◽  
pp. 64-70
Author(s):  
Elena V. Kunts

The article discusses the general principles and the principles applied when imposing punishments to minors who have committed crimes. Juvenile delinquents are the social base of organized crime. Juvenile delinquency harms the personal development of the minor offender himself, thereby contributing to continuing the minor's criminal activity. The research results confirm that a significant number of serious offenders began their criminal activities being minors. Correction of juvenile offenders is very important, that is, formation of stable skills of an honest attitude to work. Precise execution of laws and respect for them. Crimes committed by minors, despite the degree of their study, the share of crimes committed by minors in the total number of crimes is on average 10–12% and these are only registered official data, which means that real statistics can be 1.5–2 times higher. The above-stated points to the problem of illegal behavior of minors and the need to find effective ways to impose penalties to juvenile offenders.


2015 ◽  
Vol 2 (3) ◽  
pp. 40-45
Author(s):  
E G Lukyanova

The article attempts to show the role of the social doctrine of, for example, of the doctrine of the law, in the development of state and society. Shows critical and constructivist potential of formal and substantive conceptions of the law, developed in the Russian law


2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


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