On the Issue of Ensuring the Rights of Minors During the Preliminary Investigation
- Authors: Abaev N.B.1
-
Affiliations:
- Krasnodar University of the Ministry of the Interior of Russia
- Issue: Vol 16, No 4 (2023)
- Pages: 218-222
- Section: General theoretical, criminal-legal and other problems of Countering extremism and terrorism. Problems of preventing extremism and terrorism
- URL: https://journals.eco-vector.com/2072-3164/article/view/568448
- EDN: https://elibrary.ru/QACAYZ
- ID: 568448
Cite item
Open Access
Access granted
Abstract
Modern society is experiencing a serious problem - youth infantilism, which often develops into criminal acts. Juvenile delinquency occupies a special place in the overall structure of crime, and countering it is designated as a priority area of the criminal policy of the Russian state.
Legislation provides for a flexible approach to criminal proceedings against minors. He takes into account that, due to their age and psychophysiological characteristics, this category of offenders cannot be full-fledged subjects of criminal procedural legal relations. At the same time, within the framework of the implementation of certain investigative and procedural actions, the priority task of the preliminary investigation bodies is to observe and ensure the rights, freedoms and legitimate interests of minors.
In order to determine the specifics of ensuring the rights of minors during the preliminary investigation, the author analyzes the specifics of criminal proceedings in relation to this category of offenders and considers the procedural features of the implementation of certain investigative actions involving minors.
On the basis of the study, the author proposes to amend the criminal procedure legislation governing the conduct of a preliminary investigation, providing additional guarantees for ensuring the rights of a minor.
Full Text
About the authors
Nauryz B. Abaev
Krasnodar University of the Ministry of the Interior of Russia
Author for correspondence.
Email: Lel4993@mail.ru
Police Lieutenant Colonel, Lecturer, Department of special-technical training, North Caucasian Institute for Advanced Studies (branch)
Russian Federation, Nalchik, KBRReferences
- Berova D.M., Tutukov A.Yu. Criminal procedural features of the interrogation of minors during the preliminary investigation // Gaps in Russian legislation. 2019. No. 2.
- Gavrilenko A.A., Gorbacheva E.V. On the issue of differentiation of the procedural form as the basis for the specialization of criminal proceedings in juvenile cases // Siberian Legal Bulletin. 2014. No. 2 (65).
- Gazaryan A.A. Activities of the legal representative of a minor at the stage of preliminary investigation in a criminal case // Gaps in Russian legislation. 2017. No. 5.
- Didenko V.I., Novikova E.A., Leonova K.I. On the issue of the procedural status of legal representatives of minor victims, witnesses // Gaps in Russian legislation. 2020. Vol. 13. No. 3.
- Zagorsky G.I., Orlova T.V. Proceedings in criminal cases against minors // Russian judge. 2012. No. 10.
- Lyashchenko O.I. Features of the production of investigative actions with the participation of minors // Criminal procedure proceedings: procedural theory and forensic practice. Perm, 2021.
- Snegireva N.I. Ensuring the rights and legitimate interests of minor participants in the criminal process at the stage of preliminary investigation: author. dis. … cand. legal Sciences. M., 2002.
- Stelmakh V.Yu. Defects in Legislative Regulation of Criminal Proceedings in Juvenile Affairs // Journal of Russian Law. 2020. No. 10.
- Fedoseeva E.L., Tsepilova E.A. Features of the production of a preliminary investigation in relation to minors // Law and the rule of law in the third millennium: mater. int. scientific and practical. conf. Kaliningrad, 2021.
- Yakimovich Yu.K., Lensky A.V., Trubnikova T.V. Differentiation of the criminal process. Tomsk, 2001.
Supplementary files
