Romashova M.V. Ensuring the Rights of Minors Involved in the Commission of a Crime
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.7
Marina V. Romashova, Candidate of Sciences (Jurisprudence), Senior Lecturer, Department of Criminal Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot (Ryazan Branch), 1-ya Krasnaya St, 18, 390043 Ryazan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0001-4094-3420
Introduction. The problem of ensuring the rights and legitimate interests of minors involved in the commission of a crime is a priority area of state protection due to the fact that this category of citizens is deprived of the opportunity to fully protect their rights and freedoms because of their moral and psychological immaturity and is in need of an increased level of guarantees from the state. The legal regulation of the protection of the rights of minors, taking into account the provisions of the Constitution of the Russian Federation and international legal norms, is primarily aimed at ensuring their safety from adverse effects on their psyche, especially through criminal encroachments. These principles of state protection continue to apply in the case of a minor’s committing a crime under the influence of elders. The purpose of the study is to eliminate the existing issues and ambiguities that arise during criminal proceedings on crimes with the involvement of a minor and to formulate proposals for improving the legislative framework and law enforcement practice in the direction of ensuring the implementation of the procedural rights of minor participants. In the course of the study, such methods of cognition as formal legal in the form of a study of the norms of law, specifically sociological and comparative legal ones were applied. Results. The paper proposes measures to improve the legislative regulation of criminal proceedings involving minors dragged into criminal activity under the influence of elders. Conclusions. The suggestions and recommendations set out in the paper are aimed at developing uniform investigative and judicial practice and can be used in teaching the disciplines of criminal procedure sciences as well as in the practical activities of officers of preliminary investigation bodies, prosecutor’s offices, and courts.
Key words: juvenile delinquency, criminal liability, preliminary investigation, sentence, compulsory measures of educational influence.
Citation. Romashova M.V. Ensuring the Rights of Minors Involved in the Commission of a Crime. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 48-55. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.7
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