THE USE OF RECOVERY JUSTICE ELEMENTS IN CRIMINAL CASE PRODUCTION CONCERNING MINORS IN RUSSIA AND THE USA
Rubrics: ABROAD
Authors:
1.
Rossiyskiy universitet druzhby narodov
2.
Rossiyskiy universitet druzhby narodov
3.
Friendship University of Russia
(criminal law, criminal procedure and criminalistics department, senior lecturer, n_saule_m@mail.ru)
Moskva, Russian Federation
Moskva, Russian Federation
Type:
Article
Pages:
from 394
to 398
Status:
Published
Received:
23.01.2019
Accepted:
08.01.2023
Published:
28.09.2017
Subject area:
UDK 343.137.5(470)(73)
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
criminal cases production, recovery justice, minors, juvenile court, Russia, USA, recovery programs
Abstract (English):
Possibilities of recovery justice are opened by criminal cases production concerning minors. The short review of the model juvenile courts created in the Russian Federation is made. Their feature is active use of elements of recovery justice, in particular the conciliatory procedures directed to the conclusion by the parties (that is the victim and the minor offender) the mutually advantageous agreement. Formation and development of juvenile courts in the USA is considered. During creation in America of vessels for minors were guided by the ideas of recovery justice as at the end of the 19th century reformers have agreed in opinion on insolvency of retaliatory justice. As a result of studying of the criminal procedure legislation of the State of Illinois the conclusion is drawn on expediency of loan of the regulations regulating a possibility of participation in programs of reconciliation and on need of a legislative regulation of recovery procedures for the Russian criminal trial. Now in the State of Illinois by production on affairs of minors alternatives to criminal prosecution in general and also to judicial stages of criminal trial are provided. The prosecutor of the state is authorized to define the list of programs of recovery justice; under control of the prosecutor there is a register of the qualified intermediaries. The recovery program passes with respect for the principle of confidentiality. The agreement with the criminal in which the made decision on the ordered behavior and term during which the operations determined by the agreement have to be performed is specified has to be result of the intermediary program ideally. Non-compliance by the minor with conditions of the concluded agreement is the basis for renewal of criminal legal proceedings.
Possibilities of recovery justice are opened by criminal cases production concerning minors. The short review of the model juvenile courts created in the Russian Federation is made. Their feature is active use of elements of recovery justice, in particular the conciliatory procedures directed to the conclusion by the parties (that is the victim and the minor offender) the mutually advantageous agreement. Formation and development of juvenile courts in the USA is considered. During creation in America of vessels for minors were guided by the ideas of recovery justice as at the end of the 19th century reformers have agreed in opinion on insolvency of retaliatory justice. As a result of studying of the criminal procedure legislation of the State of Illinois the conclusion is drawn on expediency of loan of the regulations regulating a possibility of participation in programs of reconciliation and on need of a legislative regulation of recovery procedures for the Russian criminal trial. Now in the State of Illinois by production on affairs of minors alternatives to criminal prosecution in general and also to judicial stages of criminal trial are provided. The prosecutor of the state is authorized to define the list of programs of recovery justice; under control of the prosecutor there is a register of the qualified intermediaries. The recovery program passes with respect for the principle of confidentiality. The agreement with the criminal in which the made decision on the ordered behavior and term during which the operations determined by the agreement have to be performed is specified has to be result of the intermediary program ideally. Non-compliance by the minor with conditions of the concluded agreement is the basis for renewal of criminal legal proceedings.
Keywords:
criminal cases production, recovery justice, minors, juvenile court, Russia, USA, recovery programs
criminal cases production, recovery justice, minors, juvenile court, Russia, USA, recovery programs
1. Ozhiganova, M. V. Vosstanovitel'noe pravosudie kak al'ternativnaya forma ugolovnogo sudoproizvodstva po delam nesovershennoletnih [Tekst] / M. V. Ozhiganova // Ugolovnaya yusticiya. - 2013. - № 2. - S. 38-40
