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Juvenile justice system the institutional components of constitutionalism: theory and practice
as well as other government agencies for the implementation and enforcement of child rights. Conduct a survey to identify violations of children’s rights, actions, conferences in the protection of children, to communicate not only with adults, and primarily with children.
Our futureis in our children. And we can create good future for our country and for our world. This should be in the minds of everyone, to ensure our children a happy childhood.
References:
1. The Convention on the Rights of the Child.
2. The Universal Declaration of Human Rights.
3. The Constitution of the Republic of Kazakhstan.
4. Code of the Republic of Kazakhstan on Marriage and Family.
5. Law of the Republic of Kazakhstan dated August 8, 2002 - № 345-I “On the Rights of the Child" in the Republic of Kazakhstan.
6. Act of 20.12.1991, the “On Citizenship of the Republic of Kazakhstan”
7. Law of the Republic of Kazakhstan on 13.12.2000. N 113-2 “On children’s villages of family type and youth houses”.
8. Commission on Human Rights under the President of UNICEF and discussed the problems of children’s rights in Kazakhstan./I. Ignatova.//Kazakhstan Pravda, - 08.09.2007.
9. Message from the President of the Republic of Kazakhstan-Leader of the Nation NursultanNazarbayev to the people of Kazakhstan « Strategy» Kazakhstan-2050 «a new policy established state ». 14.12.2012.//[Electronic resource]. - Available from: http://www.akorda.kz/ru/page/page_poslanie-prezidenta-respubliki-kazakhstan-lidera-natsii-nursultana-nazarbaeva-narodu-kazakstana
10. Dzhandarbekov B. A. The problem of social and economic rights of the child in the legislation of the Republic of Kazakhstan. Website legal science network «Modern Law». //[Electronic resource]. - Available from: http://www.sovremennoepravo.ru/m/articles/view/Проблемы-шциально-экономических-прав-ребенка-в-законодательстве-Республики-Казахстан.
Kunchasheva Almira Ertaevna, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Ibrayeva Alua Salamatovna, doctor of legal sciences, professor E-mail: [email protected]
Juvenile justice system the institutional components of constitutionalism: theory and practice
Abstract: The article is sanctified to the questions ofJuvenile ofJustice of Republic of Kazakhstan. The special attention applies on legal framework ofJuvenile ofJustice. In the article the question is about the system of organs, applying in the activity the special rules of handling minor, engaged in a criminal trial.
Keywords: Juvenile Justice Constitution of Republic of Kazakhstan, minor, Convention of the UNO, about rights for a child, normatively legal acts.
Juvenile justice system the institutional components of constitutionalism: theory and practice Juvenile justice (lat. juvenlis youth; lat. Justitia — justice) legal basis for the Western model of the system of state bodies engaged in the administration ofjustice in cases of offenses committed by juveniles.
To date, the most common are the following definition of “juvenile justice”:
1. the system of special procedures in cases of offenses of minors who have committed a criminal offence and has attained the age of criminal responsibility;
2. system of norms and institutions related to the child as the subject of the offences, regardless of age and categories of offences;
3. the system includes not only the relevant legislation, but also the complex of state and other bodies and
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Section 2. Science of law
organizations, has as its purpose the protection of the rights and legitimateinterests of minors; implementation of juvenile justice; responding to juvenile delinquency.
Juvenile justice as a legal institution, which provides the constitutional condition of the implementations of the rights and freedoms of minors has gained relevance in the study of how scholars and practitioners. Modern trends in the development of state and law, assume legislative strengthening and creation of new legal norms, institutions, mechanisms for the protection of socially vulnerable layers of the population. One such socially unprotected layers of the population are minors.
Note that in his address to the nation on December 14, 2012 “Strategy «Kazakhstan-2050»: new political course of the established state", the President of the Republic of Kazakhstan — Leader of Nation N. Nazarbayev A. expressed his opinion that: “the most important part of social policy in the new phase I declare the protection of motherhood and childhood. Children are the most vulnerable and unprotected part of our society, and they should not be deprived of their rights”.
In legal science, refers to minors — persons under a certain age which the law binds its full capacity, i. e., the implementation in full ofsubj ective rights and legal duties enshrined in the Constitution and other laws of the country.
The leading role among agencies should belong to juvenile court. In turn, juvenile (children’s) called the court, within its competence, considers criminal, civil and administrative cases in which one of the parties is a minor. The main tasks of the juvenile courts are to protect children and their rehabilitation.
In the legal literature under “juvenile court” means a special system of administration of juvenile justice who committed the crime, as well as the special rules applied to them.
On the basis of the rights and legitimate interests of minors, as well as from the competence of the various organs of juvenile, Juvenile justice can be interpreted in the narrow and broad meanings. The juvenile justice system in the first sense is a system of bodies, using their the activities of the special rules for the treatment of minors involved in criminal proceedings. In a broad sense is a system of organs using in their activities special rules for the treatment of juvenile about took the place of the offense, crime or other violation of rights and legal interests of the child.
The procedure for the protection ofthe rights and freedoms of minors, are regulated by the following legal acts:
1. the UN Convention on the rights of the child;
2. world Declaration on the survival, protection and development of children 1990;
3. UN guidelines for the prevention of juvenile delinquency (adopted in Riyadh in 1990);
4. the Concept of legal policy for the period from 2010 up to 2020, approved by the decree of the President dated 24 August 2009, defines the development ofjuvenile courts, the main vector of development of the judicial system of the Republic of Kazakhstan;
5. Constitution of the Republic of Kazakhstan (adopted at the Republican referendum on August 30, 1995) (with changes and additions as at 02.02.2011);
6. of the Criminal procedure code of the Republic of Kazakhstan, (with changes and additions as at 23.04.2014).
During the first years of functioning of this institution, to maximize compliance with the legal rules governing this sphere of social life. So, in relation to a minor, deprivation of the liberty are punished only 10 % of the minors, while in the Republic the figure was 20 %.
According to some experts, this figure suggests a particular, individual approach to minors compliance with all adopted juvenile technologies, the introduction of alternative measures of punishment used it is a specialized court. Since the start of the judges had the task of collecting, summarizing, introduction and implementation of all existing procedures and forms of work with minors in legal proceedings.
In April of the current year in Majilis of Parliament of Kazakhstan were discussed the issues of improvement of national legislation on protection of the rights of the child. And also there were discussed questions of the following kind:
1. the further improvement of national legislation and improve the well-being of children in the Republic of Kazakhstan, creation of conditions for the comprehensive education of the child in the family;
2. prevention of child abandonment and the creation of favorable conditions for the upbringing of the child in the family;
3. improving both economic and legal mechanisms for significant reduction of orphans, children living in children’s homes;
4. introduction system work for the elimination of the sale of children, including abroad, which, unfortunately, are due to the lack of transparency of the accounting system children who have remained without care of the parent;
5. the creation of a national database for children — orphans, children left without parental care.
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Juvenile justice system the institutional components of constitutionalism: theory and practice
Minors must have the full right to protect their constitutional rights and freedoms. In the world practice the protection of the rights and freedoms of minors, following categories of rights and freedoms of minors:
1. personal rights and freedoms:
- the child’s right to life;
- the child’s right to protection of honor and dignity;
- the child’s right to inviolability of the person, home, private life, secrecy of correspondence, telephone conversations, postal, Telegraph and other message forms;
- the right to privacy is reflected in the freedom of communication between people;
- the right of the child to freedom of thought, of speech, freedom of the media;
- the child’s right to freedom of conscience and religion;
- the child’s right to move freely, to choose a place of residence.
2. Political rights and freedoms:
- the child’s right to Association;
- the juvenile’s right to assemble peacefully, without weapons, hold rallies, meetings;
- the right to participate in government directly or through representatives in a child is absent due to his age, mental, and intellectual features. This right is exercised only with the coming of age.
3. Social, economic and cultural rights and freedoms of the child.
This group of rights with regard to such important spheres of human life, property, labor relations, health, recreation, education, social welfare, art.
Socio-economic, cultural rights aimed at meeting the physical, material and spiritual needs of the individual. Securing these rights of the child is important, because their implementation contributes to the personal development of minors as a member of society:
- the child’s right to freely use their abilities and property for entrepreneurial and other not prohibited by the law of economic activity;
- the right of private ownership of the child;
- the child’s right to housing;
- the right to housing includes the right to: stable on use of occupied residential premises; improving housing conditions; ensuring a healthy environment, living environment;
- the right to health;
- the right to social security;
- the child’s right to work;
- the right to education;
- the right to participate in cultural and artistic life of the society.
Based on the above investigated possible to draw the following conclusions:
1. need to adopt normative legal acts that would significantly change the role of social services and their active part:
• as a social worker, studying the social environment of a teenager who find themselves in conflict with the law, as well as cooking range socializing solutions to offer to the judge as options, possible in the form of alternatives to imprisonment, which oversees the implementation of judicial decisions; as the mediator, organizing and carrying out the process of reconciliation of the parties (in the framework of the procedures provided for by law, using the so-called reductive approach and the possibilities of reparation by the accused to the victim as a statutory entity performing the above steps);
• as a person that promotes socialization (social, household and employment unit) minors returning from specialized educational institutions or places of deprivation of liberty.
2. is an urgent need to create separate code governing the operation of the entire juvenile system of the Republic of Kazakhstan.
References:
1. [Electronic resource]. - Available from: http://www.zakon.kz/4618742-kruglyjj-stol-v-mazhilise.
2. Federal law “Fundamentals of legislation on juvenile justice of the Russian Federation”. - M., 1999. - S. 8, 9.
3. [Electronic resource]. - Available from: http://www.bnews.kz/... ews/post/62007/
4. The Concept ofdevelopment ofthe juvenile justice system in the Republic ofKazakhstan for 2009-2011: approved by decree of the President of the Republic of Kazakhstan on August 19, 2008. - No. 646.//Kazakhstanskaya Pravda. - 2008, 28 Aug.
5. Bychkova S. F. Prospects. - Almaty, 2006.
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