CRIMINAL PROCEEDINGS AGAINST MINORS IN THE RUSSIAN FEDERATION
DOI:
https://doi.org/10.7251/CEST1726208SKeywords:
procedure in criminal offenses against minors, specifics of summoning and hearing the minors, particularities of detention, participation of pedagogues (psychologists), legal representativesAbstract
Criminal proceedings against minors in the Russian Federation are characterized by the specificity compared to regular proceedings, which is explained by the need for additional protection of the rights of minors. At the same time, the valid laws are not always systematic, certain provisions are in contradiction with each other and with the general provisions of the criminal procedure law. Such a situation makes it difficult to apply the law and violates its equality and leads to the adoption of different decisions.
From the point of view of the systematicity of criminal procedural norms, the paper examines, among other things, those related to the concept of minors, peculiarities that determine the conduct of the proceedings in relation to minor suspects, that is, the accused persons, which differs from general criminal proceedings; circumstances to be determined in the framework of the procedure against minors; participation of a legal representative; the specificity of the application of criminal procedural coercion measures to them; conducting of investigative actions; the implementation of investigative actions and the termination of criminal proceedings, along with the application of coercive educational measures and decisions made by preliminary investigation bodies and courts in relation to minors.
The aim of the research is analysis of the criminal prosecution procedure in cases of minors from the point of view of its balance and structural stability. This implies the application of law-provided peculiarities of investigation and judicial review of criminal offenses committed by minors. In addition, it is required to possess skills in the context of evidence in cases of minors, the application of criminal coercion measures against them, and the implementation of investigative and judicial actions in relation to them.