CC BY
31очередь, подразделяются на типы: мошенников, воров и убийц. В последнем типе сосредоточены все характерные черты, тогда как в других типах они менее резки. В этом типе ясно видны анатомические особенности преступника и, в частности, весьма резкие лобные пазухи, очень объёмистые скулы, громадные глазные орбиты, птелеиформ-ный тип носового отверстия, лемуров придаток челюсти.
Сравнивая эти выводы с результатами статистических таблиц, лежащих в основе этой критики, вы найдёте, что, вопреки кажущемуся обилию противоречий, отношения между аномалиями вполне верны.
Полагаем, что в наше время незаслуженно отрицают значение работы Чезаре Ломброзо, потому как он достаточно чётко определял источники зла, питающие преступников и преступность: «...влияние алкоголя на преступления нераздельно связано
с влиянием питания вообще, и значение его в этиологии преступлений чрезвычайно велико.
Список литературы
1. Курганов С. И. Криминология. Учебник. М: ЮНИТИ-ДАНА. 2012 г.
2. Перший укранський переклад: Бокль Г. Природа та цившзащя (Витяг з гстори цившзацп в Англл), Переклав Степан Риндик, Кам'янець на Подшлю, Видавництво «Дшстер», 1919. 88 С.
3. Прейер, Тьерри Вильям // Энциклопедический словарь Брокгауза и Ефрона: в 86 т. (82 т. и 4 доп.). СПб., 1890—1907.
4. Преступный человек: [пер. с ит.] / Чезаре Ломброзо. М.: Эксмо; МИДГАРД, 2005 (СПб.: АООТ Твер. полигр. комб.). — 876, [1] с.: ил., портр., табл.; 24 см. (Гиганты мысли).
5. Ринк Хинрик. Мифы и легенды эскимосов / Пер. с англ. Н. И. Лисовой. М.: ЗАО «Центрполиграф», 2007. 366 с.
INTERNATIONAL LEGAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF MINORS
IN CRIMINAL PROCEEDINGS
Zadereyko S.
recipient of the University of Modern Knowledge
Abstract
The article examines international legal standards for the protection of juvenile rights in criminal proceedings. The directions of their implementation in the national legislation of Ukraine are determined.
Keywords: minors, criminal proceedings, international legal standards of protection, pre-trial investigation, precautionary measures.
The issue of the introduction of juvenile justice in Ukraine has been repeatedly raised at the State and local levels, in the scientific community and by civil society. But to the unanimous opinion, what juvenile justice in Ukraine should be and whether it should not be able to reach. Some proposed to introduce it in stages, others proposed to introduce it at once, others proposed to introduce only some elements of juvenile justice, and a large number of scientists, ordinary citizens and the church in general against such a concept in our society. Nevertheless, the problem of juvenile delinquency exists in Ukraine and needs to be addressed urgently. Turning to the practice of foreign countries in combating juvenile delinquency, many progressive approaches can be found by which these countries have been able to reduce the rate of juvenile delinquency. In turn, it would be unwise not to take advantage of the experience of other States that had been able to make positive progress in addressing the problem. First of all, it is necessary to highlight the models of juvenile justice that exist in the world. These are the Anglo-Saxon Juvenile Justice Model, the Continental (German) Juvenile Justice Model, the Scandinavian (Swedish) Juvenile Justice Model, and the French Juvenile Justice Model. The Anglo-Saxon Juvenile Justice Model provides for a separate juvenile court dealing with all types of offences committed by minors, with the exception of serious crimes. Such courts are clearly organized and designated as a separate judicial system. The police, the
Public Prosecutor's Office and the penal correction authorities have separate units that deal exclusively with minors. The trial is not formal and is simplistic. It takes place behind closed doors in the form of an offender's interview with a judge. One of the features of this model is that the court cooperates widely with the local population and charitable organizations in the decision of the case. Juvenile justice under the Anglo-Saxon model provides for an individual approach to the child and a special procedure for the trial of cases involving the prosecution of minors [1].
The continental (German) model of juvenile justice provides for a system of juvenile courts, but unlike the previous model, they deal with all types of offences committed by minors. It is also envisaged that juvenile prosecutors, special police units, social services and non-governmental organizations will be present. In sentencing, priority is given to alternative types of punishment, mediation and restorative justice. Educational sanctions are also widely applied, and detention and deprivation of liberty are carried out in exceptional cases, as a last resort. Educational measures are used to prevent the recurrence of crimes. They are divided into instructions and instructions to assist in education. Coercive measures such as arrest, duties and warnings are also used.
The Nordic (Swedish) juvenile justice model does not provide for separate juvenile courts, but there is a juvenile judge in the local court or a juvenile division court is established to deal with juvenile cases. The
leading role among state institutions is played by the social service organized according to the territorial principle [1]. The juvenile justice system of this model has a preventive and socio-reintegration focus. Programmes to combat juvenile delinquency have been significantly developed. A national programme to combat crime is being developed by State bodies, and the citizens' task is to develop local programmes. The main task of juvenile justice is reconciliation and reparation. Because of this, most cases do not go to court and are resolved in the initial stages.
French juvenile justice model reintegration focus. Elements of this model include the police, the Public Prosecutor's Office, juvenile courts, probation authorities and non-governmental organizations. The basic requirement for the organization of juvenile justice is that employees of the relevant authorities must have special training in juvenile justice. The police and the Public Prosecutor's Office have separate juvenile units, and the juvenile court has been assigned to a separate court. The special feature is that the juvenile offender is charged with a social file, and the judge between the consideration of cases of offences is also engaged in children from a group of at-risk who have not yet received illegal actions.
Juvenile justice can be considered both in a broad and narrow sense: in a narrow sense, it is a specialized branch of the judicial system in a wide manner - it is a set of mechanisms designed to ensure the protection of the rights, freedoms and legitimate interests of minors implemented by the system of State and non-State bodies, institutions and organizations [2]. In turn, if juvenile justice is viewed from the perspective of criminal law science, it can be concluded that it is a system of norms, measures and relevant bodies aimed at combating juvenile delinquency. The fight against juvenile crime is one of the central problems in the fight against crime in general. Juvenile delinquency rates reflect to some extent the situation in society as a whole, and not only and possibly not as today as tomorrow, the day after tomorrow, that is, in the future [3]. That is why States and international organizations are developing measures to effectively prevent and combat juvenile delinquency. Among the international standards of the juvenile justice system, the United Nations Convention on the Rights of the Child, which aims to introduce effective measures and means to protect the rights of children and prevent the commission of offences by minors, occupies a fundamental place. On the basis of the Convention, a number of international instruments have been drafted and adopted that detail and clarify the provisions of the Convention. The best examples of such international legal instruments are the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines). In particular, the Convention provides for a number of criminal and criminal procedural measures designed to protect the rights of an individual who is suspected of having committed an offence, as well as to impose a penalty on such a person so as to ensure her correction and awareness of the wrongful-
ness of his or her actions. In turn, the Beijing Rules establish minimum rules for the treatment of minors in conflict with the law, and the Riyadh Principles disclose at the international level the most important aspects of the prevention of juvenile delinquency. States Parties that have ratified the UN Convention on the Rights of the Child recognize the right of every child charged with a crime to treatment that strengthens respect for the rights of others and promotes a sense of dignity and significance [4]. The Beijing Rules stipulate that the main purpose of juvenile justice is to reeducate the offenders. Juvenile proceedings should be conducted by bodies with sufficient discretion to take into account the special needs of the latter. The child's privacy must be respected at all stages of the proceedings. The United Nations Convention on the Rights of the Child and the Beijing Rules provide for the application of a number of safeguards to minors. These include the presumption of innocence, the right to legal aid, the right to information on the charge, the right to the presence of parents throughout the case, the right to an urgent decision by a judicial authority, the right to challenge and others [5]. The UN Convention on the Rights of the Child prohibits the torture, humiliation and cruel treatment of a child. It is prohibited to impose a penalty on a minor that did not provide for the possibility of release [4].
The Beijing rules also contain these prohibitions. They interpret their content and provide that when a minor is sentenced, his social file must be examined and the conditions of survival and upbringing must be taken into account. In turn, punishment should be such as to ensure the re-education of the child and the development of a normal social person [5]. When minors serve their sentences, the United Nations Convention on the Rights of the Child requires that every child deprived of his or her liberty be treated with humanity and with respect for his or her honour and dignity. The Beijing Rules provide for the provision of every assistance to a minor so that the latter can get on the path of correction. Enforcement of sentences is recommended for bodies such as sponsorship commissions, probation services and youth welfare institutions. The involvement of volunteers and volunteer organizations, local institutions and other public services in the execution of sentences to strengthen the re-education of minors would be a positive development. The United Nations Convention on the Rights of the Child and the Beijing Rules recommend that every child deprived of his or her liberty be held separately from adults, in order to limit the negative impact on them from the latter [5].
The institution of conditional release with follow-up, as well as the application of lighter non-custodial sentences, is supposed to be widely applied. The Beijing Rules note that juvenile offenders must be held in weakened correctional facilities, care homes, day-training centres and other institutions relevant to them that can facilitate the proper reintegration of minors into society [6]. In turn, the United Nations Convention on the Rights of the Child guarantees every minor the right to legal and other assistance, the right of judicial appeal and the right to an immediate decision on it by the competent authorities. The United Nations Convention on
the Rights of the Child and the Beijing Rules prompted the adoption of the Riyadh Guidelines. They recognize the consensus that the prevention of juvenile delinquency is the most effective means of preventing and combating crime in general. Children's orientation is recognized as a priority in the prevention of juvenile delinquency [6]. Priority is given to the processes of education and preparation for the adult life of minors. The determining place in this process is given to a stable and prosperous family. All children must have equal access to education. Educational institutions should become centres for preparing young people for socially active life. The State must adopt policies that put the abuse of alcohol, drugs and other substances in the negative key. The Riyadh Principles pay very special attention to the issue of the influence of the media on the formation of young people. The media must be aware of its huge social role and responsibility in raising the younger generation [6].
The media should be encouraged to provide young people with information on public services and opportunities for young people. The display of pornography, drugs and violence must be minimized in television and cinema. Summing up the above, it can be concluded that the international system of combating juvenile delinquency is a system of measures to bring minors who have committed offences to legal responsibility, the process of re-education and re-socialization of such persons, as well as comprehensive measures to prevent the commission of offences by minors, can have adverse consequences, based on the principles of the most favourable to the interests of minors. The system of principles of juvenile responsibility is a quintessential institution of juvenile justice. The basic international standards are the principle of legislating the minimum age of criminal responsibility of minors; Respect for the well-being of the minor in the process of prosecution; the principle of accounting of the identity of the minor at application of punishment of a certain type; Proportionality of punishment and the act committed; Specialization of legislation and juvenile justice; Procedural guarantees at all stages of the proceedings; Confidentiality in the process of prosecution; The principle of priority for out-of-court settlement of a case; Detention
only in exceptional cases; The prevention of somatization of a juvenile offender and the principle of involving the family and the public in the realization of juvenile responsibility. The establishment of special principles of juvenile responsibility in national legislation will make it possible to define the priority of the rights of the child as a basic category in the mechanism for bringing minors to justice. In our view, the following principles need such consolidation and detail: the principle of the priority of introducing restorative justice programmes at all stages of criminal proceedings; Specialization of personnel authorized to interact with a minor (judges, prosecutors, lawyers, investigators and others); An effective system for the rehabilitation of juvenile offenders; The principle of social and legal support and isolation from society in extreme cases; The principle of procedural and organizational enforcement of juvenile justice. These principles have been introduced in a number of Western States to reduce juvenile delinquency and in general, which have already been positive.
References
1. Методичш рекомендаци «Ювенальна юс-тнцш: украшський та зарубiжний досвщ». (2017). Взято з https://www.ztobljust.gov.ua/image/yuven%20just.do c.
2. Гурева Ю. Ювенальна юстищя. Перспек-тиви введения в Укрш'ш. Взято з http://naub.oa. edu.ua/2012/yuvenalna-yustytsiya-perespektyvy-vvedennya-v-ukrajini//.
3. Александров Ю.В., Гель А.П., Семаков Г.С. Кримшолопя: Курс лекцш. Взято з http://textbooks.net.ua/content/view/3649/11/.
4. Конвенц1я ООН про права дитини. №50/155 (1989).
5. Мшмальш стандартш правила ООН вщп-равлення правосуддя щодо неповнолггшх (Пешн-сьш правила). (1985).
6. Крестовська Н. (2006). Ювенальна юстищя: навчальний поабник. Одеса. Взято з http://www.academia.edu/31957167/Ювенальна_юс-тицiя.
