Russian model of juvenile justice: problems of effective functioning and the ways of their elimination
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Goryan E.V.
Vladivostok State University of Economics and Service
Vladivostok. Russia -
Zabara Z.K.
Vladivostok State University of Economics and Service
Vladivostok. Russia
The subject of the study is the identification of the shortcomings of the Russian model of juvenile justice in the normative and institutional aspects and the search for ways to eliminate them. The problems of legal regulation of the juvenile justice system are defined. Based on the revealed advantages of foreign models of juvenile justice (Anglo-American, Continental, Scandinavian and Asian), ways of improving the Russian system of juvenile justice are suggested. In order to obtain the most reliable scientific results, a number of general scientific (system-structural, formal-logical and hermeneutic methods) and special legal methods of cognition (comparative legal and formal-legal methods) were used.The improvement of the system of juvenile justice is to be done by application of the pre-revolutionary Russia experience (the establishment of custody authorities at juvenile courts) and foreign countries: Germany (re-education, rehabilitation and resocialization of offenders are the aims of criminal and procedural legislation of Russia), the United States (the establishment of juvenile courts comprising judges which have knowledge in the field of pedagogy, sociology, teenage psychology, criminology, victimology), Sweden (composition of every juvenile offender’s profile, exploration of all aspects of offender’s life), Japan (involvement of religious and related communities in the social work with juvenile offenders, closed hearings of juvenile cases). The commissioner for the rights of children should play an important role in the juvenile justice system in Russia, fulfilling its function of protecting the rights of minors in relations with other institutions. The results of the research maintain the basis for the research of such scientific problems as the structure and competence of juvenile courts; the need to create a custody authority at the juvenile court as it was in 1900s-1910s; the optimization of legal status of commissioners for the rights of children and their exercise of powers within the juvenile technologies, etc.
Keywords: juvenile justice, juvenile technologies, justice, children’s ombudsman, minors