One of the main bodies for protecting the rights of children is the CLC. The interpretation of this term in a simplified form is the juvenile commission. Its legal status is determined by Federal Law No. 120-FZ.
Often confused CDN and PDN. The interpretation of the terms is based on their departmental affiliation. KDN is created at the regional or municipal administration. PDN is a juvenile unit within the police department.
Commission structure
Measures taken by organizations included in the prevention system are coordinated by the CLC and the RFP. Explanation of abbreviation - Commission on the affairs of minors and the protection of their rights.
For the first time, CDNs were formed in 1918 according to the Decree of the Council of People's Commissars. For a century, they have remained faithful to their mission: they are engaged in the prevention of child neglect, the prevention of juvenile delinquency, and the protection of children's rights.
The structure of the commission is represented by three levels:
- Federal. The government commission is headed by Golodets O. Yu., Deputy Prime Minister of the Russian Federation.
- Regional (republican, regional, regional).
- Municipal.
At any level, commissions are formed under executive authorities and represent management structures. To implement measures in accordance with their competencies, they have state powers.
Collegial composition
The procedure for the formation of commissions at the regional and municipal levels is regulated by the legislation of the constituent entities of the Russian Federation.
For a better understanding of the essence of the commission should pay attention to the structure of the Commission. Deciphering the abbreviation indicates that it is a collegial body. It includes:
- chairman (usually deputy head of administration);
- 1-2 vice-chairmen (traditionally this post is headed by the head of the education department, the head of the police);
- Executive Secretary (works on a regular basis);
- members (heads of organizations involved in prevention, public structures).
The order of work, the period for consideration of documents, the execution of decisions made are regulated by the regulations on the Code of Law and the RF and the Administrative Code of the Russian Federation (when considering administrative protocols).
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Protecting the rights of children and adolescents
Forming a uniform approach to the issues of child prophylaxis is the most important task of the CCD and the RF. The interpretation of this term outlines the range of tasks that the commission deals with:
- protect and restore the rights of minors, their legitimate interests, as well as eliminate the causes and conditions conducive to this;
- consider ideas related to the exclusion of students from an educational organization;
- to solve household issues, to help in the employment and rehabilitation of adolescents in need of state support.
In most cases, minors, their parents, relatives or neighbors seek help in solving a problem falling within the competence of the commission. Also, relevant representations (petitions) come from the heads of the bodies of the prevention system.
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Administrative jurisdiction
Administrative practice and legal proceedings involve another part of the competencies of the CPA. The interpretation of these competencies is as follows:
- preparation of documentation for referral to the court (for example, when registering a teenager in a special educational institution of a closed type; characterizing documents when considering materials on teenage crimes or committed against themselves);
- application of administrative or educational measures against adolescents as well as parents of minors.
In addition, the commission generates reports on the areas of preventive work organized in the municipality or constituent entity of the Russian Federation.
Child neglect and its prevention
The idea of how KDN is deciphered determines a general understanding of the importance of the coordinating function of the commission in the field of preventing child neglect and homelessness.
Preventive work carried out by state, municipal institutions, public organizations, covers various stages of the state prevention system, is aimed at achieving different social goals and solving specific problems within each department. Multipurpose social practice, a large number of subjects of prevention require coordination of their activities to achieve the greatest effect.
As a collegial body, the Collective Security Council is called upon to ensure the interaction and coordinated measures of all prophylactic entities on the basis of transparency, legality and democracy. At the same time, the state is the initiator of the organization of preventive work. The commissions exercise state powers on the basis of collegiality, the unity of all bodies, the responsibility of officials and individuals who violate the rights of children and adolescents.
Administrative Review
Consideration of administrative cases is the most important component of the powers of the KDN. The interpretation of such a concept as administrative jurisdiction reveals the collegial activity of the commission, as provided for by Russian law.
Administrative Code of the Russian Federation (Article 23, Part 1) contains a list of administrative offenses, the consideration of which is the responsibility of the commission:
- In relation to parents: Art. 5.35, part 2 of article 6.10, part 2 of article 6.23, art. 20.22.
- In relation to officials and other persons: Art. 5.36, part 1 of article 6.10, part 1 of article 6.23.
- In relation to minors: any article if the offense was committed by a teenager who has reached the age of 16. Such protocols are received by the Commission on jurisdiction.
The jurisdictional powers of the CPA are complex in nature, providing for not only determining the degree of responsibility of the guilty person, but also establishing the circumstances that contributed to the commission of the offense, the need to register a minor or his family, organizing individual work with them.
Law Enforcement Review
There are a number of issues that are outside the scope of administrative offenses, which are dealt with by the CLC. The explanation of the grounds for making a collegial decision on the decision to terminate the criminal case or to refuse to initiate it is as follows:
- the minor has not reached the age at which criminal liability sets in;
- due to a lag in the mental development of the minor in the commission of a socially dangerous act, the teenager did not realize the danger of his actions; this developmental delay is not associated with a mental disorder;
- a teenager who has committed a crime of moderate gravity or serious, convicted, but in accordance with Art. 92 h. 2 of the Criminal Code, the court released him from punishment.
The commission makes a decision: apply educational measures in relation to the teenager or apply for his referral to a special educational institution of a closed type, where the teenager will have special conditions for upbringing and education, and a psychological and pedagogical approach will be provided.
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Accounting for minors
One of the important issues of organizing the work of the prevention system is conducting individual work. There are 4 categories of accounting:
- minors or parents / legal representatives with a suspended sentence are registered in the penitentiary inspection;
- in PDN;
- in KDN and ZP;
- in the educational organization where the minor is studying.
In each of these cases, its own procedure for registration and deregistration, regulated by local regulations.
Accounting in KDN / PDN
It is important to understand that accounting in an educational organization is exclusively preventive and does not have serious consequences for a teenager in the future. The picture of the consequences of accounting when they put KDN / PDN looks completely different. Decryption of accounting in PDN has several reasons. Among them are the facts:
- refusal to initiate a criminal case if the minor has not reached the age at which responsibility begins / lags in physical development;
- teenage drug use;
- administrative offense or antisocial act;
- charges of committing a crime, if the preventive measure against a minor is not related to arrest.
As regards the accounting of the KDN, the decryption of the grounds is similar, and the registration is made on the basis of a submission made by law enforcement agencies or the prosecutor's office, and by order of the commission.
When registering in PDN and KDN, an preventive registration card is started and work is carried out, the purpose of which is to prevent a repeated offense. A teenager is deregistered when he corrected his behavior or reached the age of 18.
Carrying out interagency coordination, the commission thereby actively participates in public administration in the field of forecasting and control in accordance with its own competence. Decisions (decisions) made by a commission are binding. This indicates the state basis for the legal status of the CPA and the RFP.