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2parents. Every child can go directly to the police, and since violation of a child's rights in Israel is a serious criminal offence, the police are obliged to open a case as soon as they become aware of such an offence.
If a child is subjected to domestic violence, the police may arrest both parents, they may be deprived of parental rights and prohibited from approaching the child. According to Section 368 gimel of the Israeli Penal Code, physical, moral or sexual abuse of a child is punishable by 7 years imprisonment, and if the abuse was committed by the person responsible for the child at the time of the offence, by 9 years imprisonment [3].
Remember always: every child is a Person, a Personality, and any violence against children is unacceptable and cannot be justified. These principles are observed in Israel and on the basis of the Universal Declaration of Human Rights. This declaration is the first universal international document that proclaimed and systematized the fundamental rights and freedoms that should be granted to every human being [2].
Thus, we can conclude that the state is trying its best to give children the best of everything, backing it up with action and lawmaking!
Reference bibliographic list
1. Воробьев В.П., Воробьева E.B. Верховный суд в конституционно-правовой системе государства Израиль. М.: МГИМО-Университет, 2008. 26 с.
2. Universal Declaration of Human Rights. Source: Great Russian Encyclopedia. [Electronic resource] URL: https://bigenc.rU/c/vseobshchaia-deklaratsiia-prav-cheloveka-75529b
3. Israeli Criminal Law. [Electronic resource] URL: https://www.academia.edu/32587173/Israel_criminal_law_law.
4. Knesset Commission on the Rights of the Child. [Electronic resource] URL: https://dic.academic.ru/dic.nsf/ruwiki/1809702.
5. UN Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989). [Electronic resource] URL: https://www.consultant.rii/document/cons_doc_LAW_9959/8dd76fa744c4a215c388d6a7b97017bele8fe80d/.
6. Constitution of the State of Israel. [Electronic resource] URL: https://politsim.ra/tlireads/konstitucija-gosudarstva-izrail.3789/.
7. Elon Menachem. Jewish law /Trans, from Hebrew St. Petersburg: Legal Center Press, 2002. 609 p.
8. The Israel National Council for the Child. [Electronic resource] URL: https://web.archive.Org/web/20130121203953/littp://www.children.org.il/mdex_eng.asp.
Для цитирования: Бровко K.P. К ВОПРОСУ О СУДЕБНОЙ ЗАЩИТЕ ПРАВ ДЕТЕЙ В НОВОЙ ЗЕЛАНДИИ = ON THE ISSUE OF JUDICIAL PROTECTION OF CHILDREN'S RIGHTS IN NEW ZEALAND / Науч. рук. к.ф.н, доцент Э.Р. Айвазов, доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.82-85.
Бровко К. Р.,
студентка 3 курса ФНО СПО Крымского филиала ФЕБОУВО «РГУП»
Научный руководитель: Айвазова Э.Р., доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГЪП», к.ф.н., доцент
К ВОПРОСУ О СУДЕБНОЙ ЗАЩИТЕ ПРАВ ДЕТЕЙ В НОВОЙ ЗЕЛАНДИИ
Аннотация: В статье изложены основные положения организации судебной системы Новой Зеландии, а также рассматриваются особенности положения несовершеннолетних в рамках ювенальной юстиции. Рассматриваются проблемы детей в сфере образования и этнических особенностей (притеснений), а также проблемы использования принципов общего права - как основного метода рассмотрения преступлений в государстве. Изучаются основные пути решения проблем, касающихся положения детей Новой Зеландии.
Ключевые слова: Новая Зеландия, судебная система, зашита детей, Маори, права, ЮНИСЕФ.
ON THE ISSUE OF JUDICIAL PROTECTION OF CHILDREN'S RIGHTS IN NEW ZEALAND
Abstract: The article describes the main aspects of the organization of the judicial system of New Zealand, and reviews the specifics of the situation of minors in the juvenile justice system. The problems of children in education and ethnicity , as well as the problems of using common law principles as the main method of dealing with crimes in the state are explored. Also the main ways of solving problems of New Zealand's children are studied.
Keywords: New Zealand, judicial system, child protection, Maori, rights, UNICEF.
In the 21 century one of the central goals of United Nations and each country all over the world to save sovereignty and rights, interests of each citizen and especially children [13]. Military actions, humanitarian disasters, environmental problems, high birth rates, child mortality - actual problems, not counting others international crisis. Statistically speaking, the population of the New Zealand, a monarchy and independent
sovereign state, as of 30 September is 5269200 citizens, compared to other countries, this is less which could compromise the growth of various economic or social problems [5].
The New Zealand judicial system goes back to the history of the British colony of New Zealand. One of the central feature of law system in country is the existing of the Common law rules arose and developed in the course of judicial practice, independent of parliamentary activity. In the beginning of developing judicial power in New Zealand, there was English Laws Act 1858 provided for the use of the common law of Great Britain as it existed in 1840 [2, p. 361]. The common law system comes with both advantages and disadvantages. One of the advantages is its flexibility and its ability to adapt to different social and economic conditions, what makes it relevant and advancement. Also it based on the precedent on the principle of 'stare decisis', what means that previous judicial decision is enforceable, here comes case-by-case analysis for fair justice.
On the other hand, the disadvantage of this system is that the law can be uncertain, what portends different interpretation and applying the law, potentially imprecise results. Moreover, deep and meticulous analysis in need of time, what slows down litigation and places the judiciary above the legislature [6, p. 105].
In the Constitution of the country 'Child' shall mean any person under the age of 18 years [1]. Minors have special position and level of caring. Laws pinning the protection of chilnden's interests, for example by Care of Children Act 2004 or Child Protection Act 2016 [9]. These statutory provisions set out the principles and procedures for dealing with young offenders and the rights of children in the principal Act. These acts are drafted to divide juveniles and provide special protection to these persons.
According to statistics provided by New Zealand Police homicide victims are distributed across all ages. Children, juveniles and young people constitute 17 percent of homicide victims, of which, 10 percent are under five years old [7]. For 2022, only 1.2 per cent of juveniles are in prison [11]. It is important to note that the bodies that carry out the statistical analyses are the Ministry of Justice, the New Zealand Police and the Department of Corrections. New Zealand's juvenile crime prevention system includes police juvenile units, youth and family departments of the Ministry of Social Development, and child protection agencies.
The country also has a special system, the juvenile justice system, which has its own characteristics within the Anglo-Saxon system of law. The judicial system includes a juvenile court, where most serious offences are dealt with, while minor and moderate offences are referred to family group meetings. The reductive model of justice is widespread [8, p. 325]. The purpose of this way of enforcing justice is to prevent recidivism of crimes, as well as to ensure social rehabilitation of juvenile offenders and correction of their unlawful behavior. Introduced in 1989, "family conferences" meetings with the immediate environment of minors and other participants, taking into account the social situation and other parameters of the minor, make decisions on the case. The main purpose is a rehabilitative procedure, as well as an opportunity to show one's position and take part in the decision-making and consequences after committing an unlawful act. In consequence, it has an educational character in relation to children and a preventive character in relation to recidivism [3, p. 606]. However, this "program" may have negative results for certain reasons, for example, the influence of relatives on children's behavior or an unstable mental state.
It can be said that some of the features of juvenile justice in the state are the use of a restorative program, as well as attempts by juveniles to understand the consequences of his actions on their own.
It is worth to note that there are undoubtedly problems injustice directed at children. The first is the use of common law. Despite the progress that New Zealand has made in using the common law, it has been hit by some serious problems. One of the main problems of common law is that it is outdated and does not take into account the latest technologies and changes in society, and it does not take into account intellectual property rights and the protection of personal data. In addition, common law does not note the local characteristics, culture and traditions of New Zealanders.
According to UNICEF reports, New Zealand ranks among the last in statistical reports, in reading comprehension levels. New Zealand have the largest performance gaps and some of the largest shares of students not reaching even this modest international benchmark and also in the country, schools account for at least 25 per cent of the differences in reading scores [12].
Notwithstanding the problems of New Zealand's education system is expressing not only by international organizations but by scientists. They are pointing on the reduction the level of studying, reading or even rating motivation to study. In 2000s New Zealand was one of the top performers in education around the world, but now it needs transforming. Today, about 80 percent of our students leave school with NCEA Level 2, up from 60 percent two decades ago. The present lack level of knowledge that is given in schools related to the rank of teaching and poverty problem. It is bonded to the fact that if teachers no longer check obtain knowledge or stop leading some process actions, some parents ought to teach that. The point is that only parents with quality education or wealth can provide an adequate level of education. Alternative variant is a private school, for example, teaching towards a Cambridge certificate. New Zealand's education system has reached a point at which the solution can be only decisive actions, full reforming [10].
One more problem in the nation is the position of Maori. Some explorers say that Maori should continue to be worried of legislation, policy and programs. Maori people exposed bulling, because of racism points of view or historical position in country. Relation to other peoples parenting is framed as inferior and violent it becomes a significant issue for. Mental health care professionals also highlight negative stereotypes of
Maori [4]. Consequently, it is logical to assume that because Maori have a greater negative stereotyping when it comes to parenting, social workers are more likely to place into care Maori children.
This and other problems solving is carried out under the condition that the country's population is not large, out of 5 million people, only 1 million are children. In addition, the country's economy does not have a declining statistics. Establishing a clear situation for New Zealand's children is not a catastrophic situation. There are some problems in education, criminal sphere, may be their relationships with parents, but New Zealand hasn't got problems such a ecology, infant mortality or wars as in different states.
One of the effective challenges will be to reorganize the way in which certain bodies and organizations that promote children's development work in the right way, such as schools. The second thesis is the justice system in New Zealand is a significant component of the country's democratic structure. At the heart of New Zealand's justice system is the Constitution and principles of common law, there are some positions to change the system of common law, to remove their weaknesses. The role of public and governmental organisations that contribute to improving the situation of children and additional influence on legislative bodies is undoubtedly important. Supplementary, introducing programs to improve the economic situation of Maori and other people in the country.
Because of all the above, we can undoubtly state that the childhood should be saved from the negative consequences. Every child deserves to live in peace, to have the opportunity to develop, to be educated and to grow up in a safe, strong and economically stable country. New Zealand is the unique country with her own features injudicial system. NZ must solve problems that stop the full formation of a comfortable living space for kids and juveniles, and keep what government and private public organizations did already.
Reference bibliographic list:
1. Constitution Act 1986 [Electronic resource] URL: https://www.legislation.govt.nz/act/public/1986/0114/latest/DLM94204.html Access date: 29.11.2023.
2. David V Williams , The Pre-History of the English Laws Act 1858: Mcliver V Mecky (1856) // Victoria University of Wellington Law Review Vol. 41 No.' 3 2010. pp. 361-380
3. Dorodonova N.V., Evstifeeva E.V., Ilgova E.V., Juvenile delinquency prevention: the experience the USA and New Zealand // Russian Journal of Criminology, Vol. 12, No. 4,2014. pp. 601-608
4. Durie M., Mauri Ora: Hie dynamics of Maori health // Oxford University Press, 2001. [Electronic resource] URL: https:/ATOw.royalsocietv.org.nz/l50th-annjversan/te^^
2001/Access date: 05.12.2023.
5. Estimated population of NZ [Electronic resource] URL: https://www. stats, govt.nz/indicators/population-of-nz/ Access date: 13.11.2023.
6. Gorbunov E. I., Precedent in common law// Gaps in Russian legislation. Lawjoumal. No.4,2010. pp. 104-106
7. Homicide Victims Report 2021 and Historic NZ Murder Rate Report 1926-202 lElectronic resource] URL: https://www.police.govt.iiz/about-us/publicatioii/liomicide-victims-report-2021-aid-historic-iiz-murd
1926-2021 Access date: 30.11.2023.
8. Moldavanov K. V., Chebykina, K. L., Comparison of juvenile justice models and probation systems for young offenders on the example of some countries of the European Union// Young scientist. No. 10(69), 2014. pp. 325-327.
9. New Zealand Legislation [Electronic resource] URL: https://www.legislation.govt.nz Access date: 29.11.2023.
10. Oliver Hartwich, Once world-class, NZ's education system is now a disaster. How do we fix this? 9 November, 2022 [Electronic resource] URL: https://www.iizmitiative.org.iiz/reports-aiid-media/opinioii/once-world-class-iizs-education-system-is-now-a-disaster-liow-do-we-iix-it/ Access date: 05.12.2023.
11. Statistics regularly published by Corrections [ Electronic resource] URL: https://www.coiTections.govt.nz/resources/statistics Access date: 30.11.2023.
12. UNICEF report 'Places and Spaces Environments and children's well-being' [Electronic resource] URL: https://www.unicef-irc. org/publications/1417-rc 17-places-aiid-spaces-enviroiinients-and-cliildrens-well-being .html Access date: 03.12.2023.
13. Universal Declaration of Human Rights [Electronic resource] https://www.un.org/en/about-us/miiversal-declaration-of-human-rights Access date: 13.11.2023.
