The section of jurisprudence that covers problems with the law of minor citizens is juvenile justice. What is this today any investigator or lawyer will be able to tell. On the one hand, the section deals with trials of juvenile delinquents, and on the other, with the protection of those very children from abuse by adults. With the first part, everything is clear. Everyone should be responsible for their actions. But juvenile justice in the Russian Federation regarding the protection of the rights of minors has many nuances.
Historical facts
Juvenile criminals had a special status during the time of the Russian Empire. If we consider the Code of Criminal and Correctional Sentences of 1845, responsibility for the acts began at the age of seven. Parents were punished for the misconduct of young children. In December 1866, Alexander the Second approved the law on the maintenance of juvenile delinquents in special colonies with less stringent living conditions. The guys here could learn and work. Even then, boys and girls were kept separately.
In the Criminal Code of 1903, the age of criminal responsibility was changed. Juvenile delinquents could be punished after reaching 10 years. In addition, the boys were given the opportunity to remain novices in the monastery in exchange for punishment in the colony. The basics of juvenile justice in the modern version actively developed at the beginning of the XX century. The first children's court appeared in 1910 and lasted until the October Revolution. However, during the First World War, this segment of jurisprudence suspended its development.
In 1922, punitive criminal liability measures were strengthened. According to the legislation of those times, a criminal at the age of 16 years carried the same punishments as an adult. A juvenile delinquent could be placed in a common cell in a maximum security colony. It was not assigned to criminals under the age of 18 only the highest preventive measure - execution.
How are you doing today?
Modern juvenile justice in the Russian Federation was first legislated only in 1995. Then came the Presidential Decree of September 14, 1995, in which a plan of action for minors was approved. In order to strengthen the legal protection of children, a special system was developed, which received the official name "juvenile justice". What is this section? What areas of life does it cover? Initially, experts did not have answers to these and many other questions. After all, the concepts concerned not only the responsibility of minors before the law, but also the protection of children's rights.
In 1998, a law was passed regarding the basic guarantees of the rights of the child in the Russian Federation. For the first time, the concept of “children in difficult life situations” appeared. This included minor boys and girls who have behavioral abnormalities, live in low-income families or suffer violence from adult relatives. The most active in this regard was the development of juvenile justice in Moscow. Social workers kept records of dysfunctional families, monitored children whose parents have problems with the law.
The turning point in juvenile justice in Russia was the Supreme Court ruling of February 14, 2000. Under its terms, a juvenile delinquent could be exempted from criminal liability if it was possible to reconcile with the victim or his relatives.
In 2008, amendments were made to the Family Code. Chapter 22 appeared, which describes the possibility of removing children from families in difficult situations. If the situation does not change over a certain period of time, the babies are assigned to special institutions for placement in new families. An article of the Criminal Code has also appeared, which provides for the responsibility of parents for failure to fulfill responsibilities for raising a minor. That is, juvenile justice covers the possibility of protecting a child more deeply. What does it mean? In fact, the practice of domestic punishment is prohibited by both family and criminal codes.
To date, there are bills on which the model of juvenile justice should not be reduced only to the creation of criminal courts for minors. Experts say that a special system for the execution of punishments should be created for persons under the age of 18 years. In addition, issues regarding children deprived of parental care should be addressed more broadly. Adults may be deprived of the right to raise their children only in exceptional cases.
Some projects also include medical issues related to family planning and minor sexuality education. The introduction of a special subject in schools will significantly help reduce crime and the birth rate of children in families with difficult life situations.
Is judicial reform necessary?
The system of bodies for the prevention of juvenile delinquency today is not fully operational. The rights of young children in families who have fallen into difficult situations are not fully protected either. In recent years, the foundations of the family have weakened significantly. According to social surveys, more and more children tend to spend time with friends, not their relatives. Adults are also negatively affected by social networks. The educational responsibilities of educational institutions have also decreased.
Specialists argue that judicial reform is necessary. Changes should primarily affect the work of social services. A quality account of children who are left without parental care should be established. The problem of juvenile justice in the Russian Federation is primarily a global lack of information. Educational work should also be included. Teachers should keep a daily record of children in the classroom. The reason for the absence of the student should definitely be clarified.
Juvenile justice in Moscow and other cities of the country is closely interconnected with all spheres of life. In recent years, the number of parents who abuse children has increased significantly. Not the last role is played by the economic crisis. Many, left without work, are not able to feed their families. The result is a protracted depression. Morally exhausted adults begin to frustrate their anger in children. It turns out that the creation of additional jobs will help to significantly reduce domestic violence. Economic stability is the key to a happy life for citizens.
Judicial reform should also affect the control of children's access to social networks. On the Internet in the public domain there is a lot of information that can injure a weak child psyche. If you limit the access of minors to certain sites, it will be possible to reduce child aggression. As a result, the number of crimes committed by citizens under the age of 18 will decrease.
Juvenile Commission
The main problem of juvenile justice in Russia is the imperfection of domestic legislation. Projects that relate to children require close attention from specialists. It is believed that the main link in juvenile justice should be special commissions for minors. The Russian system is significantly different from the western one. A number of countries have created special juvenile courts. It is these bodies that decide the fate of juvenile delinquents and are responsible for raising children who are left without parental care. In Russia, such issues are resolved by the same body that works with adult citizens.
Today, juvenile commissions created in Soviet times function in the country. Their activities are based on applicable federal laws. The main task of the body is to prevent the homelessness and unlawful actions of minors, which have remained unattended by adults. In addition, the staff of the commissions should do everything to ensure the protection of the rights, as well as the interests of minors. For children who find themselves in a difficult life situation, social and pedagogical rehabilitation is carried out.
The work of the juvenile commission is yielding positive results. Thanks to monitoring of low-income families, it is possible to identify parents who cannot cope with their responsibilities. However, such work should be carried out more actively. The interaction of social services with schools and other educational institutions will reduce juvenile delinquency, reduce the number of minors in difficult situations.
The main positions on the formation of juvenile justice
Experts believe that the system that operates today must be completely destroyed. The new juvenile justice project should be implemented in the same form as in the West. At the same time, reforms should be carried out gradually, in accordance with Russian reality. International juvenile justice provides for the interaction of various spheres of life. It will be possible to protect minors if not only social services, but also educational institutions and trade unions are included in the work.
There are also opposing positions. Some experts believe that juvenile justice authorities do not represent any benefit to society. Courts, guardianship authorities, and other structures that have operated since the days of the USSR are quite coping with their duties. There is an opinion that the introduction of juvenile justice in Russia is an excessive measure. All that needs to be done is to make efforts to improve the existing system. A complete replacement of the structure will require a lot of financial as well as physical costs.
Juvenile justice does not eliminate juvenile delinquency . What is this inherently? This is a system of punishment of juvenile delinquents, as well as the protection of the rights of children to parents who do not cope with their duties. But in the first place, educational work should be carried out on ways and methods of education. If children grow up in love and care, juvenile delinquency will be reduced at times. It turns out that it is not necessary to improve the punishment system at all. The main role should be given to the education of young parents. And social services can quite cope with this task.
Public rejection of juvenile justice
The introduction of the first principles of juvenile justice in Russia caused a storm of negative opinions and statements. According to opponents of innovations, Western standards are completely contrary to the national mentality, spirituality and traditions that have developed over the years. In Russian society, it is believed that a child should respect his parents. Fathers and children should not be equal. According to Western standards, children have the same rights as parents. Experts believe that this ultimately destabilizes the family, school and society as a whole. An improperly educated child is more prone to criminal acts.
Western-style juvenile justice is opposed by such famous figures as the journalist Mikhail Leontyev, actress Ekaterina Vasilyeva, political consultant Anatoly Wasserman. According to some politicians, juvenile technology tends to split the Russian public into two camps.
Negative results of juvenile justice
Pilot projects related to juvenile justice have already been launched in Russia. They had negative results. First of all, this is a violation of the rights of parents. Each family uses its own methods of education. According to Western norms of juvenile justice, a child can independently decide what to do and how to act in a specific situation. However, parents cannot forbid him. This situation has an extremely negative effect on the development of an immature personality.
Juvenile justice has led to a significant increase in cases of deprivation of parental rights. How to defend themselves in such a situation, adults do not always know. In many cases, a court decision is not made in favor of the family. In this case, both adults and children suffer. The introduction of juvenile justice standards also leads to an increase in the number of cases of juvenile delinquency. Although, it would seem, it should be the other way around. The child, left without parental attention, begins to do the wrong thing.
Juvenile powers
According to experts, negative results were obtained due to the excessive expansion of the powers of the bodies that are part of the juvenile structure (social workers, courts). In addition, the rights of the child are misinterpreted. Unfortunately, the uncontrolled introduction of juvenile organs into the affairs of individual families has been increasing significantly recently. There are already known cases when children were removed from families even on an absurd occasion. The child suffered in the first place.
According to Western trends, juvenile organs can also dictate to parents how to properly raise a child. Indeed, it is in European countries that it is believed that a small person grows and develops in society, and parents play only a secondary role. Therefore, mom and dad much less affect a particular child than school psychologists, teachers, doctors.
Alternative Juvenile Reforms
Western jurisprudence and juvenile justice can in no way influence the development of the Russian state. In order to educate a normal society, it is only necessary to amend the existing family law. Work related to the protection of family and childhood should be aimed at reducing the number of abortions, supporting large families, and helping children who are left without parents. A special commission should be created in each school. Social services should conduct their work actively, but not aggressively.
Particular attention should be paid to children's correctional facilities. First of all, it is necessary to find out why the child went to the crime. Often, children commit illegal acts under the influence of adults. Correctional institutions should work on the re-education of children, teaching the principles of morality and justice.
The introduction of new juvenile principles cannot do without economic aspects. Close attention should be paid to the financing of poor and large families. The creators of family-type shelters should also be encouraged. If the family is provided with high-quality nutrition, the children will be dressed and shod, will be able to have a great summer vacation, it is unlikely that we will talk about juvenile delinquency.
Summarize
Should juvenile justice develop in Russia? Both children and parents will only benefit if they receive more attention from the state. However, attention should be directed to the development of the family as a whole. The aggressive principles of juvenile justice, used in some Western countries, are not suitable for Russian society.