Restorative juvenile justice

Author(s):  
Krystina Shpak ◽  
Alexandra Gracheva ◽  
Olga Golovko

Problem setting.Today, society is developing rapidly, there is a process of globalization, the influence of information technology is growing significantly, which in some way complicates public relations and conflicts that need to be effectively resolved and resolved through justice. Raising this issue, in our opinion, we should first of all pay attention to such a problem as juvenile delinquency, because it is the rapid development of information technology has significantly affected the spread of this phenomenon. Thus, it should be emphasized that the state does not fully contribute to solving this problem, which just clearly illustrates the problem in the introduction of juvenile justice in Ukraine. The actualization of this issue is primarily due to the lack of understanding of the implementation of new changes in the protection of children’s rights in Ukraine. The state must understand that it has a responsibility to increase the responsibility of adults for the safety and lives of people. In turn, as already mentioned, low social protection of children creates crime among minors. And here there is another problem: the application of official justice, which involves primarily the application by the state to offenders of certain coercive measures, which is provided for in the sanctions of legal norms. In our opinion, this method of justice does not help to resolve the conflict between the victim and the accused. Because, in criminal proceedings, the main mediator of the accusation is the state, as a result of which the injured party receives double damage: both from the criminal offense itself and directly from justice, which has not solved the real problem in essence. In turn, the offender, through the application of appropriate means of state coercion, is not aware of his responsibility for the act committed by him. Thus, today there is a need for the introduction and application of restorative justice in juvenile cases. Since the restorative approach is aimed at restoring the socio-psychological condition of both participants in the process, as well as real compensation for the damage to the injured party. Target of research. Investigate juvenile justice in Ukraine, and the commission of criminal offenses by minors. Correlate the concepts of formal and restorative justice, as well as consider the need for restorative justice in Ukraine. Investigate national and international practices of juvenile justice, and implemented alternative programs for the application of restorative justice practices against juveniles in Ukraine. The object of this study is: juvenile justice, the commission of criminal offenses by minors, restorative justice in Ukraine, as well as the involvement of international practices in the application of restorative justice to minors. Analysis of reсent researches and publications. This issue was studied by the following scientists: G. Kostova, V. Zemlyanska, V. Lyska, V. Sidletska and others. Article’s main body. The article is devoted to the problem of introduction of restorative justice in juvenile cases in Ukraine. The authors studied the functioning of juvenile justice in Ukraine, as well as the implementation of state programs for the introduction of restorative practices, by reviewing the main provisions of national law and international practices. The author’s position and proposals for further reform of criminal justice for juveniles in Ukraine are formulated by introducing a restorative approach involving international practices. Norway is considered to be the first country to establish rehabilitation practices for minors. It is this leading country that has been based on the origins of mediation since 1970, but began on the basis of an experiment in the theft committed by a minor who was known in 1981. The case was a success, and in recent years almost 81 of Norway’s 345 municipalities have supported innovation – restorative justice, which has been expressed in a community decision in their area. And since 1991 it has become more accessible in 1991. Norwegian law enshrines this provision in the Municipal Mediation Councils Act, which was established in 1991, the 1992 Resolutions, the 1993 Circular, sections 71-72 of the 1998 Code of Criminal Procedure, and Part 2 include the right to the prosecutor in case of committing a non-public dangerous act without illegal consequences to transfer the offender to the mediation process. Conclusions and prospects for the development. Currently, the state and trends of juvenile delinquency, as shown by the analysis of judicial statistics, indicate the urgent need to organize consolidated and targeted actions of society and the state to prevent such crime, prevent its development and growth. Canada and Norway, we have established that they carry out executive activities for the restoration of justice, communication and restoration of justice, protection of fundamental human rights and freedoms, public relations. Also, these states are passing laws to get closer to the basics of restorative justice. Despite their imperfections, their direct component is the formation of the moral condition of both parties, ensuring their understanding of the crime, solving issues related to the moral condition of the victim, which is manifested in her conscious assessment of the situation, psychological rehabilitation in case of mental illness: panic attacks. , depression, which require quality treatment. Also, it is fundamental to report the guilt of a juvenile offender for his crime, the implementation of alternative measures of punishment: community service, a fine that would positively affect the further behavior of the offender. As practice shows, such an alternative in Ukraine would be a good attempt to minimize the level of crime among criminals also through advocacy in the form of lectures, seminars on offenses, as well as the adoption of alternative regulations in Ukraine, which would legally support mediation.

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 14-22
Author(s):  
Ю. О. Єрмаков

The relevance of the article is that state regulation is a form of activity that is expressed in the establishment by the state of general rules of conduct (activity) of participants in public relations. It is the state, as an apparatus of political power, through its bodies carries out law-making, law enforcement and law enforcement activities. Therefore, the activity of state bodies is a necessary condition for the functioning of the mechanism of legal regulation of public relations. In the functioning of the mechanism of legal regulation, a significant role is played by the law enforcement activity of state bodies, which embodies its activity in the exercise of the relevant powers. The need for active participation of the state in the regulation of subsoil use is connected on the one hand with the active participation of Ukraine in world integration processes, and on the other hand due to the duality of the legal nature of the subsoil. The article considers the peculiarities of the implementation of state control functions in the field of subsoil use and protection. It is noted that the state system of subsoil use control consists of certain elements, the isolation of which, the analysis of their criminogenicity and effectiveness of implementation of their functions by control subjects, provides an opportunity to assess their use by operational units in detecting and documenting criminal offenses. . The efficiency of the functioning of this system is studied, its main parameters influencing the operational situation in the field of subsoil use and protection are determined, namely: the effectiveness of measures at each stage of control over the use and protection of subsoil (preliminary; preparatory; current; those being implemented). in case of violations (by business entities that have permits or by persons engaged in illegal mining)). It is noted: inefficiency of subsoil and environment monitoring; uncoordinated work of controlling bodies; imperfect division of powers between regulatory and law enforcement agencies, their inability to resolve the issue of termination of offenses on their own; dispersion of control powers between Gosgeonadra and Derzhhirnychpromnahlyad; significant corruption component in the activity of permitting bodies.


2019 ◽  
pp. 27-32
Author(s):  
Siniša Franjic

The term delinquency covers more difficult forms of associal, antisocial, socio-pathological and criminal behavior such as theft, deliberately causing damage and fire, misdemeanor, deviant behavior, hooliganism, robbery, carrying out criminal acts etc. The term delinquency is used when it comes to juvenile perpetrators of criminal offenses. It is an inconsistent form of behavior, a dangerous and complex social-pathological phenomenon, a very delicate criminological, legal, economic and sociological, and serious family, pedagogical, medical and difficult general-social problem. The implications for juvenile justice and the factor underlying the juvenile delinquency have not clearly understood. In this review, we reported in details the potential investigations of juvenile delinquency and the legal system." Keywords: Juvenile; Delinquency; Law


2006 ◽  
Vol 23 (1) ◽  
pp. 57-80 ◽  
Author(s):  
Jonathan Woodier

The citizens of Singapore have been in thrall to the governing People's Action Party (PAP) and its senior figure Lee Kuan Yew for almost 45 years. Served by a pliant media brought to heel by a combination of legislative and ownership controls, the PAP has been effective in limiting the space for debate while successfully conveying its own internal messaging aimed at securing the state and its own political longevity. It has done this by creating the image of a Singapore as a fortress Chinese-led stability and prosperity, ever under threat from more restive neighbours. But, in the face of the emerging threats to this control posed by new information technology and the exigencies of the global economy, the government has been forced to become increasingly ophisticated at managing perceptions and minimizing controversy. This paper will examine how the government has successfully met these challenges in a public relations triumph, effectively winning the battle for the hearts and minds of its internal audience, as well as shoring up the image of 'Fortress Singapore' and appeasing external allies in the 'war against terror', thus keeping Singapore critics in check and neutralizing any external political support for domestic political movements.


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


2017 ◽  
Vol 24 (2) ◽  
pp. 266
Author(s):  
Komariah Komariah ◽  
Tinuk Dwi Cahyani

Enforcement of the Act No. 11 of 2012 on Juvenile Justice System provides protection of the rights of juvenile who commit criminal acts use the diversion approach to realize the concept of Restorative Justice. To figure out the implementation of the Act, it is necessary to study with the socio-legal research method in the Police District, the State Attorney and the District Court at Malang. The results of these studies found that the application of diversion has been effective although there are still some obstacles. One of the toughest obstacles to implementing a diversion to fit is the unavailability of places to educate, nurture and put the brat as stated in the law. The study also found that in Malang at least there are some organizations / institutions in applying the diversion of government supporters, among others: BAPAS and P2TP2A.


2016 ◽  
Vol 5 (1) ◽  
Author(s):  
Uma Bhushan

<p>In June 2015, Uma Bhushan of the K. J. Somaiya Institute of Engineering and Information Technology sat down with Madan Bahal, Co-Founder and Managing Director of Adfactors, to discuss the state of public relations practice in India. In this interview, Bahal describes three of the biggest challenges facing the Indian public relations industry. Bahal describes key aspects of the public relations practice in India. He talks about the industry’s potential for tremendous growth, explaining what Indian public relations professionals can do to improve their craft and strengthen their field. Bahal also describes how digital communications are transforming public relations in India.</p><p>©Journal of Professional Communication, all rights reserved.</p>


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2017 ◽  
Vol 14 (1) ◽  
pp. 174-181
Author(s):  
Maura Mbunyuza-deHeer Menlah

This article reports on a proposed evaluation plan that has been developed to assess the work done by the State Information Technology Agency (SITA). The SITA programme was implemented in response to the South African government’s call to improve the lives of the populations in some rural areas through technology. The programme was meant to address slow development in  rural  areas  that  lack  technological  innovations  and  advances.  In  the proposed evaluation plan a review is made of secondary data, deciding how strategic priorities are to be determined, as well as analysis of the rural context environment. The researcher gives an account of how the evaluation strategies are to be piloted and rolled out thereafter. Lessons learnt are recorded and reported upon. A proposed evaluation plan will be developed, based on the lessons learnt in line with the objectives of the project.


2019 ◽  
Vol 7 (1) ◽  
pp. 268-288
Author(s):  
Dlan Ismail Mawlud ◽  
Hoshyar Mozafar Ali

The development of technology, information technology and various means of communication have a significant impact on public relations activity; especially in government institutions. Many government institutions have invested these means in their management system, in order to facilitate the goals of the institution, and ultimately the interaction between the internal and external public. In this theoretical research, I tried to explain the impact of the new media on public relations in the public administration, based on the views of specialists. The aim of the research is to know the use of the new media of public relations and how in the system of public administration, as well as, Explaining the role it plays in public relations activities of government institutions. Add to this, analyzing the way of how new media and public relations participate in the birth of e-government. In the results, it is clear that the new media has facilitated public relations between the public and other institutions, as it strengthened relations between them


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