The minor is the most vulnerable in the modern world. He is most often subject to negative influence from adults. Therefore, there was a need for additional protection of children and assistance in respect of their rights . As a result, juvenile justice emerged.
What does juvenile justice mean?
The system of juvenile justice is a judicial and legal system for protecting the rights of minors. It is a kind of social system designed to prevent the child's asocial behavior and juvenile delinquency , as well as to exclude the cruelty of the parents towards him and promote the reunification of the family.
Principles of Juvenile Justice
The juvenile system does not depend on other branches of power. Therefore, its decision can not be canceled by any instance. Juveniles are guided by the following principles:
- guard: a minor is protected by a defendant convicted by closing a criminal case on a committed crime;
- restorative: justice should help restore the violated rights and freedoms of the victim, as well as the criminal's awareness of his deed. Conflict resolution occurs by reconciling the parties with the involvement of social communities;
- Rehabilitation: rehabilitation refers not only to a minor offender, but also to a child who has suffered severe treatment from the parents.
Juvenile Justice in Ukraine 2013
The main duty of any state is to protect the rights of children. In Ukraine, a draft law on juvenile justice was created - "On the national program" National Action Plan for the Implementation of the UN Convention on the Rights of the Child "for the period until 2016. This project began to develop, based on the Decree of the President of Ukraine from 11 May 2005 No. 1086 "On priority measures to protect the rights of children."
The entire Ukrainian public opposed the introduction of juvenile justice in the territory of Ukraine. As a result, in 2008, the deputies rejected this bill. However, some principles of juvenile technology were included in the development of another project - "The concept of development of criminal justice in relation to minors in Ukraine." This concept was approved by the Presidential Decree of May 24, 2011.
The main task of the draft law is not a punitive measure in relation to a juvenile offender, but a rehabilitation and educational one, which makes it possible to avoid placing a minor in places of deprivation of liberty, from where often already formed offenders are released.
However, as Western experience shows, too humane treatment of a young offender in most cases allows him to escape punishment. However, as a rule, he does not repent and continues to commit offenses. However, as a juvenile, juvenile justice protects him and does not punish him in accordance with criminal law.
According to the Concept developed by Ukrainian deputies, it is proposed to introduce the position of an investigator and a judge to work with a child. At the same time, an employee of the judicial system with at least 10 years experience may apply for such a position. However, it is important to define the terms of reference of such employees to avoid taking the child out of the family on his application for no apparent reason, for example, by informing the teacher, or if the parents refuse the child to issue pocket money. The child must be withdrawn from the family only if there is a real threat to life and health (according to 164
The Western system of juvenile justice assesses its effectiveness in terms of the number of seized, that is, "protected" children, which is fundamentally wrong, since it violates family ties. One of the main reasons for the removal of a child from a family is poverty. And since the majority of Ukrainians are below average income, if such a system is adopted, mass seizures of children due to poverty are possible.
That is, instead of protecting children, the juvenile system makes orphans out of children. It is necessary not to introduce a juvenile system that is not ethical in principle, but to improve social policy aimed at normalizing life in a family that has found itself in a difficult life situation.