What is juvenile justice? This question is being asked more and more often every day. The reason is simple - the incredible relevance and importance of this topic. This article will provide all the legal foundations of juvenile justice.
General characteristics of the system
Many Russian citizens have probably only heard bad things about the juvenile justice system. This legal branch has really overgrown with many myths. The reason for this is simple - people do not want to go into the root of the problem, the legal basis itself. Namely, it is now to be told.
What is meant by justice? This is a combination of bodies of federal and local significance, the purpose of which is to implement the procedures established by law. In the case of juvenile law, this is the protection of the rights of minors. Moreover, the system under consideration includes social, legal, pedagogical and medical measures of influence.
Juvenile law is not something new and unusual even for Russian reality. So, it is worth paying attention at least to the basic principles of the system.
The principles of the system
In order to better understand what juvenile justice is, it is necessary to pay attention to the basic principles of building this legal system. What exactly can be highlighted here?
- the rights, freedoms and legitimate interests of the child are placed above all else;
- all institutions of the presented legal system operate openly and, as they say, transparently;
- preventive approach in priority;
- family support by the state;
- children can apply for social and legal assistance;
- There is a clear system of interaction with the child;
- expanding the recovery approach to the child;
- creating favorable conditions for the effective and comprehensive socialization of children and so on.
All other principles are contained in the law on justice (Federal Law on the Basics of the Juvenile Justice System).
Government system
The question of what juvenile justice is cannot be qualitatively considered without mentioning the main bodies and institutions that are part of the system under consideration. So, it is necessary to highlight the following government bodies:
- juvenile courts;
- juvenile commissions;
- the prosecutor's office (or rather, the specially authorized representatives of the children's affairs of prosecutors);
- bodies of inquiry and investigation;
- health care, education, social protection, guardianship, youth policy, etc .;
- colony for minors and other isolation institutions aimed at re-education of juvenile delinquents;
- cultural organs.
Thus, the system of bodies includes almost all possible institutions, from cultural to law enforcement. All this gives a clear understanding of how wide and complex the juvenile justice system is. Moreover, not all bodies were designated above, but only state ones.
The system of non-governmental institutions
The juvenile legal system, despite its relative novelty, managed to expand significantly with the help of various kinds of state, private, budgetary and commercial organizations. So, local governments regulate the juvenile legal system by ensuring:
- foster, large, poor and problem families;
- guardianship authorities;
- services, institutions and centers of a municipal, social and research nature.
If we talk about the bodies in whose sphere of activity includes juvenile and civil justice, it is necessary to highlight:
- college of lawyers;
- non-governmental institutions (medical, educational, crisis, etc.);
- non-governmental organizations specializing in minors (shelters, educational institutions, etc.)
Next, it is worth talking about the three most important components of the entire system under consideration. These are the forms, principles and procedures for the interaction of elements of juvenile justice.
Principles of organ interaction
The principles of the functioning of the entire juvenile system have already been outlined above. However, now it’s worth highlighting the basic principles of interaction between bodies and institutions, with the help of which the considered legal structure works. Of course, these two groups of principles are similar, but some additions still need to be made.
In particular, it is necessary to designate:
- Legality. The entire system under consideration is constituted by the laws of Russia, as well as some by-laws.
- Ergonomics and corrected actions. Since the whole structure of juvenile justice is incredibly complex, the authorized bodies must act quickly, efficiently and strictly in accordance with the law. It is especially important here to highlight the program-targeted approach.
In addition, the principles of openness, transparency and accessibility are also highlighted here.
Forms of interaction
How do bodies within the juvenile justice system interact? It is worth highlighting the main forms of functioning that Russian laws govern. These include:
- Councils - interdepartmental, interinstitutional and non-departmental. Advice should be endowed with expert and advisory functions.
- Scientific, research and experimental work of various scientific centers.
- Local funds wishing or committing to carry out (or help realize) the functions of justice in the field of juvenile law.
- Social projects, their presentation at special fairs.
- Social orders formed by government bodies at research centers, medical institutions, educational institutions, etc.
- The laws of Russia.
We can say that often the form of interaction in the system of juvenile law is not normalized, but rather on pure enthusiasm. Although, of course, some severity and clear regulation prevail here.
Interaction Procedures
After talking about the basic principles and forms of functioning of organizations, it is finally necessary to give the basic procedures that are carried out by institutions specializing in juvenile justice. What does this relate to?
- "Classical" congresses, round tables, conferences and other events that discuss various important issues. True, all these issues fall into a single sphere: the protection of the rights of minors.
- Public competitions for the implementation of a particular social, scientific or cultural order (this also includes the so-called science fairs).
- Activities of experts, councils or specific institutions on such important issues as the responsibility of minors for offenses, poor families, juvenile delinquency , etc.
Procedures, therefore, can be very different. They are carried out in strict accordance with certain rules, as well as the legislation of the Russian Federation.
Organizational support of the system
Organizational support of juvenile justice as the most important branch of law should be given special attention. So, the entire structure under consideration functions thanks to the following elements and procedures:
- regulatory legal acts, local acts, as well as various regulations governing and detailing the activities of relevant bodies;
- implementation of pilot projects;
- the use of scientific work and research (pedagogical, medical, psychiatric, legal, psychological, etc.);
- organization of information support;
- large-scale educational processes;
- financial support from relevant authorities.
Social significance
Above, the entire external structure of the legal industry was examined in detail. Now it’s worth talking about juvenile justice from a slightly more “mundane” point of view. So, the main question has not disappeared: why do a significant number of Russians treat the juvenile legal system so negatively? Studies by political scientists, sociologists, and even journalists show that people have little knowledge of the direct content of the same federal law on juvenile justice. Moreover, it is not uncommon among Russians to disseminate propaganda and provocative materials calling for the prohibition and prohibition of the juvenile system in Russia. The basis of all myths is the deep conviction that the system in question is aimed at the "total removal of children from families." Supporters of the ban cite the possibility of “knocking” on parents, after which the guardianship authorities have the right to take the child to the shelter at any time.
Indeed, the described situation is a little creepy. However, it is worth paying attention to statistics, which, by the way, refutes the arguments of opponents of the juvenile system in Russia. In the same European countries (where the Norwegian juvenile law system came from), the number of crimes against minors (family beatings, cases of murders or rapes of children by their own parents, improper care, etc.) sharply decreased with the beginning of the application of certain measures. However, domestic violence is only one tenth of all crimes committed against minors. Consequently, juvenile justice is a very narrow-minded system. Then why is she given so much attention? This question remains open.
Of course, you need to think critically and carefully consider the positions for, for and against. A competent comparison of the facts will give a clear understanding of what juvenile justice is and what its role in society is.