scholarly journals Juvenile justice: certain aspects of its understanding

2021 ◽  
pp. 274-278
Author(s):  
N.I. Ustrytsʹka ◽  
Z.F. Dilʹna
Keyword(s):  
Juvenile Justice ◽  
Social Protection ◽  
Child Victims ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Offense ◽  
The Law ◽  
Rights And Interests ◽  
The One ◽  
Definition Of

The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children. It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support. It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center. It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.

scholarly journals Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

2021 ◽  
pp. 57-62
Author(s):  
E. Lukianchykov ◽  
B. Lukianchykov
Keyword(s):  
Law Enforcement ◽  
Current Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Foreign Experience ◽  
Interrogation Techniques ◽  
Rights And Interests ◽  
Definition Of

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

3. The law of treaties

2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

scholarly journals PROCEDURAL STATUS OF A LEGAL REPRESENTATIVE IN THE MODERN RUSSIAN CRIMINAL PROCESS

2021 ◽  
Vol 31 (4) ◽  
pp. 669-673
Author(s):  
L.G. Tatyanina ◽  
E.V. Markovicheva
Keyword(s):  
The Other ◽  
Universal Model ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Representation ◽  
Judicial Practice ◽  
The Law ◽  
The One ◽  
Modern Russian

The article reveals the features of the normative consolidation of the procedural status of a legal representative in the Russian criminal process. The authors focus their attention on the problems of investigative and judicial practice related to the shortcomings of the current legislation. The most important issues that need to be addressed as soon as possible have been identified. Particular attention is drawn to the need to resolve problems arising from conflicts between a legitimate representative and a person represented by him/her, which gives rise, on the one hand, to grounds for appealing against decisions made, and on the other, to a conflict between the parties, which may affect their subsequent relationship. The absence of a single rule regulating the rights of legal representatives raises questions in practice about the possibility of their participation in individual investigative and procedural actions, applications, etc. Attention is drawn to the lack of regulation in the law of the duties of a legal representative in criminal proceedings, which creates controversial situations when assessing their behavior, especially when deciding on their removal from participation in the case. The article concludes that it is necessary to develop a single, universal model of legal representation in criminal proceedings.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals Completion Of Diversion As A Form Of Child Through Criminal Investigators By Restorative Justice Approach In Police Office Of Indramayu

2018 ◽  
Vol 1 (2) ◽  
pp. 359
Author(s):  
Saepudin Saepudin ◽  
Umar Ma'ruf
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Child Protection ◽  
Mental Development ◽  
Best Interests ◽  
Criminal Offense ◽  
The Law ◽  
Criminal Investigators

Children who commit in a criminal offense must be treated humanely in accordance with the best interests of the child means that children in conflict with the law should be restorative justice approach that should be pursued first. Indonesia already has rules to protect, prosper and fulfill the rights of children, among others Act No. 3 of 1997 on juvenile justice, Act No. 23 of 2002 on Child Protection. However, it seems not enough to bring significant changes to the fate of children in conflict with the law, and what to expect in reality often can not be implemented properly. Because outiusan judges are more punitive to the detriment of the child itself. Versioned as a form of juvenile criminal settlement through restorative justice approach needs to be taken into consideration in handling children. This concept involves all parties in order to repair the moral children so that children will no longer repeat his actions, so that children feel children aware of the law that affect the mental development of children.Keywords: Children, Diversion, Restorative Justice.

scholarly journals Supervision and Control as Special Forms of Protecting Labor Rights of Employees who Work for Employers Being Individuals

2020 ◽  
Vol 90 (3) ◽  
pp. 63-69
Author(s):  
І. В. Василько
Keyword(s):  
Labor Rights ◽  
Labor Laws ◽  
Public Authorities ◽  
Labor Legislation ◽  
Automated Information System ◽  
The Law ◽  
Compliance With The Law ◽  
Definition Of ◽  
The Right ◽  
And Control

The emphasis has been placed on the fact that the number of recent cases of violation of labor rights of employees working for employers being individuals has significantly increased, which, in turn, necessitates effective supervision and control in this area. Based on the analysis of scientific views, the author has provided own definition of supervision and control as special forms of protecting labor rights of employees working for employers being individuals. It has been emphasized that the control within the framework of the considered issues ensures observance of the law in the sphere of labor, allows to reveal and eliminate certain shortcomings in time, as well as to take measures to prosecute employers who have violated current labor legislation. Features of this scientific category have been outlined. It has been stated that the control and supervision activity acts as a kind of guarantee of the realization of the right of employees to fair and safe working conditions, proper equipment of workplaces and compliance with the law by employers while concluding an employment contract with an employee. It has been argued that the implementation of control and supervisory activities in the studied area relies on various public authorities, where their main functions should include the detection of violations of labor rights of employees by employers, development of propositions to prevent violations of labor laws, monitoring the compliance with regulations issued in regard to employer in the result of inspections by the competent authorities, development and approval of the annual plan for scheduled inspections; drawing up minutes on administrative offenses against employers who have violated labor legislation; organization and monitoring of the compliance with labor legislation, including the collection, processing and analysis of information, operation of an automated information system for control and supervision.

Custom in the Enforcement of the Law: The Power of the Attorney-General to Stay Criminal Proceedings

1986 ◽  
Vol 21 (3-4) ◽  
pp. 333-357
Author(s):  
Ruth Gavison
Keyword(s):  
Comparative Analysis ◽  
Legal Theory ◽  
Attorney General ◽  
Criminal Proceedings ◽  
Legal Problems ◽  
Life Problems ◽  
The Law ◽  
Complex Relationships ◽  
The Many ◽  
The One

This article is a synopsis of a monograph which will be published shortly (in Hebrew) by the Harry Sacher Institute for Legislative Research and Comparative Law. I dedicate it to Professor Tedeschi because he was the one who triggered it ten years ago, with his suggestion that the study of law, and especially the study of contexts of discretion in the law, cannot be complete without detailed studies of the ways in which officers in practice use their powers. Custom thus has an easily overlooked importance as a source of law even in modern systems, in the many areas in which mere knowledge of the normative framework within which powers are exercised is insufficient for a knowledge and understanding of the law.Tedeschi's suggestion seemed correct on its face, to an extent sufficient to motivate me to leave theorizing about law from the armchair and look into the practice of law enforcement. I emerged from the adventure even more convinced of his insight than when I started.While working on the subject I realized that comparative analysis was also of relevance to such questions, and that important questions were raised about the utility of such analyses in attempts to solve one's problems. Again I have found that Tedeschi articulated the conclusion I have reached in an early article published years ago.So these insights of his were added to the many things for which I am indebted to Professor Tedeschi: the solid commitment to legal scholarship for which he has always stood; the varied, persistent and prolific interest he has in all things legal and in the life-problems which the law seeks to regulate, resulting in many essays which are to this day classic in their field; and the fact that he is among the rare scholars who practice what they preach. If we take the importance of custom as an example, Tedeschi insists on including sections on custom in all his articles on legal problems, and in many instances this combination of great analytical strength and attention to social reality is what makes Tedeschi's writings so important. It is rare to have such people as one's teachers, and I feel lucky and grateful to have been his student.The larger study on which this article is based elaborates in some detail these larger jurisprudential questions of the complex relationships between solutions of legal problems (or law reform) and legal theory, empirical research and comparative analysis. Here I shall confine myself to the major findings of my research into the reality and the ideal of the power of the Attorney-General to stay criminal proceedings.

Compulsory Educational Measures

2021 ◽  
pp. 71-85
Author(s):  
Pudovochkin Yu. E. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Cases ◽  
Documentary Analysis ◽  
Application Procedure ◽  
The Law ◽  
Definition Of

Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application and ultimately reduces the effectiveness of juvenile justice. In this regard, the task of concretizing the content of compulsory educational measures is seen as urgent. Goals and Objectives of the Study. Specification of the normative prescriptions that define the content of compulsory educational measures and the determination on this basis of the main directions for improving the application practice of the provisions of Art. 90 and Art. 92 of the Criminal Code of the Russian Federation. Methods. Formal-logical analysis of the legal acts that determine the content, application procedure and execution of educational measures; study and critical assessment of literature on the research topic; statistical analysis of judicial practice; documentary analysis of court files in criminal cases. Results, Summary Conclusions. The list of compulsory educational measures established by the law is adequate to the tasks of correcting juvenile offenders and preventing crimes on their part. However, improving the quality of justice in criminal cases involves: disclosure of the content of such a measure of influence as a warning in the text of a judicial act; unification of ideas about the state body, under the supervision of which minors can be transferred and the recognition as such of the territorial commission on minors; the definition of such a measure as the imposition of the obligation to make amends for the harm caused analogously to other situations of exemption from liability and the use of this measure as a backup; normative establishment of the terms for the application of such measures of influence as warning and imposition of the obligation to make amends for the harm caused; further study of regional differences in the enforcement of compulsory educational measures.

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