Detention and supervision of minors: some issues of regulation and law enforcemen

• Vereschagina A.V.

  Alla V. Vereshchagina. Vladivostok State University. Vladivostok. Russia

he Criminal Procedure Code of the Russian Federation has an independent chapter containing the rules of criminal proceedings against minors. Despite this, a number of extremely important procedures affecting the rights and freedoms of a minor suspect (accused) are regulated in a
general manner. Such procedures include the selection of a preventive measure, the detention of a minor, which contains only minor exceptions to the general procedure. In particular, a special feature of the choice of a preventive measure, detention of minors, is the mandatory consideration of the possibility of applying a special preventive measure, supervision of a minor. The subject of the study is the social relations that develop in connection with the choice of preventive measures, the detention of a minor suspect (accused) and the supervision of a minor. The purpose of the study is to identify problematic aspects of regulation that negatively affect the decision on the choice of preventive measures for detention of a minor suspect (accused) and supervision of a minor. The novelty of the work lies in two aspects: the broad involvement of investigative and judicial practice and patterns of regulation of problematic issues in the criminal procedure legislation of some post-Soviet states. The results obtained allow us to assert that the conciseness and ambiguity of the wording of certain norms governing the procedure for the application of preventive measures, detention and supervision of minors, inherent in the Russian criminal procedure
law, leads to the dominance of the use of detention in relation to suspected (accused) minors and the minimal demand for a special preventive measure, supervision of minors.
Keywords: Russian criminal procedure, criminal procedure of the states of the former Soviet Union, minor suspect, minor accused, preventive measure, detention, supervision of a minor.