PROBLEMS OF OBSERVANCE OF PROCEDURAL RIGHTS OF MINORS IN RUSSIAN CRIMINAL PROCEEDINGS AND WAYS TO SOLVE THEM
Abstract and keywords
Abstract:
Judicial practice is analyzed, testifying to procedural violations of the rights of minors who have committed criminal acts. Specific proposals are being developed aimed at minimizing and countering these violations, using the general scientific dialectical method of knowledge in order to determine the social and information condition of crimes arising in criminal proceedings against minors, as well as private and scientific methods: logical and legal — when disclosing basic concepts; methods of analysis and synthesis — when generalizing theoretical and practical material; statistical and sociological methods — when studying practical activities. The results are presented in de legel ferenda specific proposals for amending the norms of the Code of Criminal Procedure of the Russian Federation aimed at protecting the procedural rights and legitimate interests of minors in criminal proceedings. Practical significance lies in the possibility of introducing the results into the law enforcement activities of law enforcement and judicial bodies in order to comply with the procedural rights and legitimate interests of minors prosecuted.

Keywords:
minor, criminal procedural status of a minor, rights of a minor
Text
Text (PDF): Read Download
References

1. Ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 2, 2010 No. 64-O10-5SP «The interrogation of a defendant under the age of 16 in the absence of a teacher or psychologist during the consideration of a criminal case by a jury served as grounds for the overturning of the verdict» // URL: https://arbitr.garant.ru/#/document/1797990/paragraph/1/doclist/10150/4/

2. Appellate ruling of the Zheleznodorozhny District Court of Samara, Samara Region dated March 6, 2018 in case No. 10-1/2018 // URL: https://arbitr.garant.ru/#/document/301695051/paragraph/24/doclist/11485/3/

3. Appellate ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated July 10, 2019, in case No. 22-1247/2019 // URL: https://sudact.ru/regular/doc/RT4TwZstJ3U8/

4. Appellate ruling of the Supreme Court of the Chechen Republic dated September 13, 2019, in case No. 22K-364/2019 // URL: https://arbitr.garant.ru/#/document/310539440/paragraph/1/doclist/1595/6

5. Ruling of the Novokubansky District Court of Krasnodar Krai dated January 17, 2017, in case No. 1-35/2017 // URL: https://arbitr.garant.ru/#/document/147038993/paragraph/27/doclist/10269/10

6. Akhmedov U. N. Classification of criminal procedural means of protecting the rights of minors in pre-trial proceedings // Criminal procedural protection of the rights and legitimate interests of minors. 2017. No. 1 (4). P. 5–11.

7. Gvozdeva I. S. The Problem of Selecting Legal Representatives of Minor Accused Persons: Law Enforcement Aspect // Problems of Criminal Procedure, Forensic Science and Forensic Examination. 2014. No. 1. P. 68–73.

8. Koryakina Z. I. Criminal Procedure Model of Defense in Pre-Trial Proceedings in Criminal Cases of Crimes Committed by Minors // Bulletin of Economics, Law, and Sociology. 2017. No. 2. P. 74–79.

9. Kurakina M. A. The Effectiveness of Criminal Procedure Protection of the Rights of Minors as a Special Social Category // Rostov Scientific Bulletin. 2023. No. 3. P. 49–51.

10. Kuryasheva P. E. On the Issue of Participation of the Legal Representative of a Minor Accused in a Criminal Case // Novelty. Experiment. Traditions. 2021. No. 2 (14). P. 58–60.

11. Pugacheva A. A. Supervision of a Minor Suspect (Accused) as a Criminal-Procedural Guarantee of Legal Protection // Synergy of Sciences. 2022. No. 70. P. 314–323.

12. Khudyakova M. Yu. Issues of Participation of Legal Representatives in Investigations of Criminal Cases Against Minors // Symbol of Science. 2022. No. 4 (1). P. 76–80.

Login or Create
* Forgot password?