The concept of the content and system of juvenile justice

Bababekova Dar'ya Aleksandrovna Postgraduate, Federal State Educational Institution of Higher Education "Voronezh Institute of the Ministry of Internal Affairs of the Russian Federation" 394000, Russia, Voronezh region, Voronezh, Prospekt Patriotov str., 54 darya.bababekova@bk.ru

 In the Russian Federation, increased attention has always been paid to the rights and freedoms of minors, and the state takes special care of them and provides protection, including through legal regulation of this area of its activities.

The importance of such an approach is quite obvious, because children today are our society in the near future. The prospect of the existence of the entire Russian state as a whole will depend on the extent to which their development will be adequate to the requirements and conditions of the modern development of society, on the effectiveness of the measures taken by the state to protect children and adolescents. The greatest vice of our society is the delinquency and criminality of minors, illegal acts against minors, as well as manifestations of tolerance for violations of the rights and freedoms of minors, often allowed by their own parents and other legal representatives. In our deepest conviction, a special approach and specific impact should be applied to minors, including juvenile offenders. That is why, in modern Russian realities, it is advisable to allocate the rights, freedoms and legitimate interests of minors in the activities of the Department of Internal Affairs to a special block of the juvenile justice system. However, the substantive parameters and structural elements of juvenile justice in our country are still not unified and, depending on different contexts, experts interpret them differently, which requires some clarification.

Generalization and analysis of the definitions of juvenile justice proposed in the modern literature allowed us to identify several fundamental approaches.

According to the first (narrow) approach, juvenile justice is understood as a juvenile justice system, the main link of which is the juvenile court ^[1].

With such an approach, juvenile justice is referred to as "criminal juvenile justice". Among the supporters of a narrow approach, experts in the field of criminal procedure law dominate. So, at the doctrinal level, the essence of juvenile justice was considered from these positions by E.B. Melnikova and G.N. Vetrova, which was reflected in Article 2 of the draft law on juvenile justice proposed by them, where they reveal the essence of juvenile justice in juvenile court proceedings exclusively in a specialized judicial system. This position is supported by many other domestic processualists. For example, S.N. Mikhailova considers the concept of "juvenile justice" as a system of administration of justice for minors who have committed criminal acts ^[6]. In our deep conviction, such an understanding of the term under study (exclusively as a system of judicial bodies) is not adequate to the purpose and essence of domestic juvenile justice.

Within the framework of the second (broad) approach, the content of the concept of "juvenile justice" is revealed with its own specifics, determined in each case by the author's view of the problem under study. At the same time, the differences are manifested in various "sets" of constituent elements (links) of the juvenile justice system. Thus, T.Y. Novikova includes specialized law enforcement agencies in the juvenile justice system, the family court proposed by her, the Commissioner for Children's Rights, the Commission on Juvenile Affairs and Protection of Their Rights (CDNiZP), as well as the social service as an auxiliary element ^[7].

According to A.S. Avtonomov, juvenile justice is a system of juvenile justice in the form of specialized judicial, other state and municipal bodies, and other entities whose activities are aimed at solving the problems of minors who have fallen into a difficult life situation. This approach raises the issue of the use of juvenile technologies ^[1].

In the interpretation proposed by I.V. Hulkhachieva, juvenile justice is a special institution in the system of judicial authorities of the state, designed to protect the rights and legitimate interests of minors. The author recognizes the juvenile court as the main link of juvenile justice, which unites around itself the bodies and institutions of the state system for the prevention of neglect and juvenile delinquency ^[12].

Let us allow ourselves to express an opinion on the inconsistency of the above definition, since it is completely unclear how, with such a model, non-judicial bodies are united around the proposed specialized juvenile court.

E.V. Goryan and Z.K. Zabara present the juvenile system as an institutional mechanism that includes courts (including juvenile courts) and commissions on juvenile affairs (at the regional and municipal levels) ^[3].

The difference between the definitions of the concept of "juvenile justice" proposed in the scientific literature is not only in the list of links of the system as certain bodies. A number of definitions indicate other elements of the system.

For example, M.Y. Semenets, identifies as part of juvenile justice: the activities of specialized courts in cases of offenses and crimes of minors; a set of special regulatory legal acts regulating the criminal or administrative responsibility of minors; the application to these persons not only punishments and other measures of a criminal nature, but also forms of preventive impact (in particular, placement in special centers, visits to juvenile delinquency prevention centers, mediation procedures) ^[11].

In the aspect of the problem under study, it seems important to clarify the relationship of juvenile justice with the system of prevention of offenses and crimes of minors, as well as with the system of re-socialization of minors with deviant manifestations or who find themselves in a difficult life situation.

The following main approaches have been formed on this problem: juvenile justice is an element of the prevention system; juvenile justice includes prevention as one of its elements.

So V.G. Prosvirnin believes that the system of prevention of juvenile delinquency, protection of their rights and legitimate interests is formed by such elements as juvenile justice and the system of subjects of prevention ? specialized executive and municipal authorities, public formations ^[9]. Consequently, juvenile justice is recognized as an element of the prevention system.

As an example of the second approach, one can cite the statement of N.A. Kurmayeva that the juvenile justice system involves clarifying the causes and conditions of crimes committed by minors and the use of educational, preventive measures ^[5].

Another direction on the problem under consideration is highlighted. G.I. Zabriansky points to two interrelated and interacting subsystems for countering juvenile delinquency. We are talking about prevention and juvenile justice. If the goal of prevention is to help adolescents overcome conflict situations, then the goal of justice is to resolve conflicts based on the law ^[4]. We are deeply convinced that crime prevention and juvenile justice are, first of all, two independent, but closely interrelated systems. However, in the concept of the juvenile justice system, prevention serves as a basic postulate of juvenile justice and its mandatory priority. The modern Russian model of juvenile justice reveals features, firstly, of a punitive model, which is expressed in the application of punishments to minors in the form of real or conditional imprisonment, as well as in significant periods of detention of minors in custody.

Secondly, the domestic model of juvenile justice also has a neorehabilitation orientation, which is indicated by: participation in the proceedings against a minor teacher, psychologist; ensuring a greater volume of procedural guarantees in comparison with adult suspects (accused); the tendency to create a system of punishments for minors, excluding the isolation of a teenager from the outside world.

And, thirdly, some features of the concept of restorative justice are also characteristic of the model under consideration.

The lack of desired results in the formation and development of the juvenile justice system in our country, the high level of delinquency and deviance of minors make it necessary to find such a variant of the juvenile justice model that would be most adequate to the modern needs of Russia, taking into account its difficult demographic situation. We will try to present our view on the problem of understanding the juvenile justice system, based on the belief in the expediency of forming a model of the juvenile justice system based on a broad approach to its understanding.

In our view, juvenile justice is a kind of construction, conventionally formed by three main blocks.

The first block of the juvenile justice system consists of elements covering criminal justice and proceedings in cases of administrative offenses of minors, that is, all aspects included by some experts in the narrow understanding of juvenile justice, which, as we have already noted above, is based on the inclusion in its orbit of institutions for resolving cases of crimes and administrative offenses committed by minors, with the participation of minors or in relation to minors. Accordingly, the juvenile justice bodies will be juvenile courts and commissions for the affairs of minors and the protection of their rights (CDNiZP). Conditionally, this block can be called a "jurisdictional subsystem of juvenile justice", which assumes a punitive reaction to deviant manifestations of minors.

The second block of the proposed model of juvenile justice, we see a subsystem of bodies and institutions other than juvenile courts and CDNiZP, focused on protecting and ensuring the rights and legitimate interests of minors, prevention of offenses and crimes committed by this category of citizens. In this regard, we note that a potentially effective model of the system of prevention of neglect, homelessness, offenses and crimes committed by minors has taken shape in our country, which it is advisable to include in the proposed subsystem of preventive orientation.

Our judgments allow us to propose the name of the second block as a "preventive subsystem of juvenile justice" (prevention). As central in the structure of this subsystem, it is necessary to define the internal affairs bodies as the main subject of the juvenile delinquency prevention system. It is he who is entrusted with the consideration of reports on offenses and crimes of minors, the conduct of preliminary investigations, the use of preventive measures and other powers to ensure the rights, freedoms and legitimate interests of minors. Without this work, the activities of judicial bodies, including juvenile courts, are impossible. In the system of internal affairs bodies, the main work on the prevention of juvenile delinquency is carried out by the Juvenile Affairs Units (PD). In addition to the internal affairs bodies, the preventive subsystem of juvenile justice should include other bodies and institutions provided for in Article 4 of Federal Law No. 120-FZ of June 24, 1999 "On the basics of the system of prevention of neglect and juvenile delinquency".

The system of prevention of neglect and juvenile delinquency also includes the management bodies of social protection of the population, education management, guardianship and guardianship, youth affairs, health management, employment services. In addition, one of the subjects of prevention is recognized as CDNISPS, which, within the framework of the concept of juvenile justice proposed by us, are simultaneously included in both its subsystems. All these bodies and institutions are of great importance in the prevention of juvenile delinquency and ensuring the protection of their rights and legitimate interests, which gives grounds for recognizing them as subjects of the juvenile justice system.

The third block of the juvenile justice system in our author's concept is represented by the subsystem of resocialization, that is, work with minors to include them in a normal social environment. Due to the action of various negative factors (first of all, family problems, immoral lifestyle of the child's parents, the child falling into a group of persons with deviant behavior), the minor either does not assimilate social, moral norms and cultural values, or loses previously learned ones. As a result, an illegal behavior model is formed in a teenager, implemented in the offenses, offenses and crimes committed by him. In such conditions, the first two blocks of juvenile justice begin to operate: prevention and punitive response to deviant manifestations. However, the effectiveness of these components can be achieved only if the resocialization unit is involved, implemented in the activities of teachers, psychologists, sociologists, social workers, law enforcement officers and, above all, law enforcement officers.

It is assumed that each of these subjects will participate in re-socialization in the direction of their professional activities:

? teacher: counseling in order to identify socio-pedagogical problems for the formation of a program for their resolution; education aimed at obtaining general education training for minors and a positive impact on their value orientations and attitudes for behavior correction; assistance in professionally-oriented training;

? psychologist: psychological support, counseling of minors, identification of psychological problems and assistance in their resolution, training in self-overcoming of problems that have arisen, correction of personal deformities;

? sociologist: analysis and generalization of work on the re-socialization of a minor, its results, the construction of current models of re-socialization;

? social worker: social support of a minor aimed at restoring his social status, social skills (assistance in career guidance, employment, formation of recommendations for minors that facilitate the way out of difficult life situations);

? an employee of the internal affairs body: providing legal assistance on issues of re-socialization, conducting interviews and taking other measures aimed at correcting the behavior of a teenager.

The main task of these subjects should be to instill new life values in a particular minor, in respect of whom work on resocialization is being carried out, since the main purpose of the resocialization unit is to implement measures aimed at correcting the behavior of a minor for the better, at restoring and correcting the system of his connections and relationships in society, and in general to adapt to life in society.

It is important to identify those measures of resocialization, the use of which will allow to correct the deviant behavior of the child, preventing him from getting into the environment from which the personalities of offenders and criminals grow. In our view, resocialization should cover not only minors who have already been subjected to administrative or criminal punishment, but also those whose behavior gives reason to believe an inclination, predisposition or the potential possibility of violating administrative or criminal prohibitions by them.

The model of the resocialization of minors can be constructed as a scientifically based set of measures, including, first of all, the correction of child-parent relations, the realization of family potential with the maximum possible involvement of family members in the upbringing of the child, because the family is the main platform for the formation of social ties of the child. In addition, the designated set includes the provision of advisory, socio-pedagogical, psychological and legal support to minors and their parents; the involvement of adolescents in sports and creative clubs; the organization and conduct of socially significant events aimed at ensuring leisure and employment of minors, the formation of their active life position, and other measures.

So, we have outlined the author's vision of the juvenile justice system. According to our concept, the juvenile justice system in the modern period of the development of the Russian state should be understood in a broad sense, and its system should be formed by three blocks (subsystems). At the same time: the jurisdictional subsystem is represented by juvenile courts and KDNiZP, implementing criminal justice and proceedings on administrative offenses, respectively (that is, in the activities of which a punitive reaction to deviant manifestations in the behavior of minors is manifested); the preventive subsystem (prevention) is the subjects of the system of prevention of offenses and crimes; the subsystem of resocialization (as a set of measures for work with minors on their inclusion in a normal social environment and restoration of their positive personal properties and characteristics) – an extremely wide range of subjects, for example, authorized law enforcement officers and, above all, employees of internal affairs bodies, guardianship and guardianship authorities, teachers, psychologists, social workers, etc.

The center of the system of subjects of juvenile justice can be conditionally considered juvenile courts (at the first stages, before their full introduction into the Russian judicial system ? the presence (compositions) of juvenile justice). At the transitional stage, it is possible to simultaneously operate juvenile courts in regions where they have been experimentally implemented ^[2], and juvenile justice structures ? in regions where juvenile courts have not yet been tested. Juvenile courts are supposed to be entrusted with the consideration of criminal cases. There will be a corresponding specialization of judges in the composition of this court. As for the structural and subject composition of juvenile courts, in their structure, following the domestic historical experience, it is advisable to provide a social trustee, whose duties will include, among other things, the formation of a social dossier on a minor offender against whom an administrative offense or criminal case has been initiated. This dossier should contain information about the identity of the teenager, information about the parental family, his living conditions. Consideration of cases of administrative offenses is assigned to the CDNiZP.

The central link of the preventive subsystem of juvenile justice should be determined by the internal affairs bodies. All other bodies and institutions involved in activities related to the protection of the rights of minors as elements of the preventive subsystem will have to perform exactly the amount of functions assigned to them by the current legislation. Within the framework of the juvenile justice system, this activity will be primarily preventive.

The third block is presented by us in the form of a set of resocializing measures aimed at including a minor in a normal social environment. The implementation of these measures is supposed to be entrusted to law enforcement officers and, above all, employees of internal affairs bodies, teachers, psychologists, social workers, guardianship and guardianship authorities, etc.