Preview

Lex Russica

Advanced search

Topical Study (Review: Shestakova L.A. Implementation of the Concept of Juvenile Justice in Judicial Proceedings in the Russian Federation. М.: Jurlitinform, 2016. 252 p.)

https://doi.org/10.17803/1729-5920.2017.124.3.214-218

Abstract

Review. This article is a review of a monographic research by L.A. Shestakova, "Implementation of the Concept of Juvenile Justice in Juvenile Proceedings in the Russian Federation". The relevance of the topic of the reviewed monograph is due to the attention to the treatment of minors in conflict with the criminal law. International commitments of Russia made it necessary to reform the juvenile procedure towards the establishment of special juvenile justice model in the Russian Federation as an effective mechanism available for protection of the rights and interests of minors. Juvenile justice is opposed to punitive justice with its punishments associated with isolation from the society, probation measures, which do not result in revisions, and, on the contrary, contribute to the persistence of high levels of recidivism on the part of minors International instruments recommend that member states form a minor-friendly model of justice, which must include the non-formal procedure for consideration of the case involving minors; a wide arsenal of techniques to influence the offender; an active educational work with minors, pedagogues, psychologists, social workers; the use of alternatives to traditional procedures, compensation, psychological rehabilitation of the victim, educational-corrective work with the offender. International instruments emphasize the need to apply to young offenders such restorative procedures as warnings, transaction, mediation, family conference However, none of the listed means of restorative treatment of the juvenile offender is applied in Russia largely due to doctrinal reasons The objective of the study is to determine the directions of the development of the criminal procedural legislation governing juvenile procedure taking into account the possibility of the introduction of restorative procedures based on a compromise as a means of resolving criminal conflicts The monograph shows that the idea of introducing mediation in preliminary investigations involving minors corresponds to the goal of improving the effectiveness of the implementation of the institutions of the criminal case's termination in respect of conciliation of the parties (Art. 25 of the Criminal Procedural Code of the Russian Federation) and the application of compulsory educational measures (Art. 427 of the Criminal Procedural Code of the Russian Federation)

About the Author

V. A. Lazareva
Samara National Research University Named after S.P. Korolev
Russian Federation


References

1. Шестакова Л. А. Реализация концепции ювенальной юстиции в производстве по делам несовершеннолетних в Российской Федерации. - М.: Юрлитинформ, 2016


Review

For citations:


Lazareva V.A. Topical Study (Review: Shestakova L.A. Implementation of the Concept of Juvenile Justice in Judicial Proceedings in the Russian Federation. М.: Jurlitinform, 2016. 252 p.). Lex Russica. 2017;(3):214-218. (In Russ.) https://doi.org/10.17803/1729-5920.2017.124.3.214-218

Views: 402


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)