{"title":"ANALYSIS OF APPLYING RESTORATIVE JUSTICE TO JUVENILES IN SOME COUNTRIES","authors":"Olexandra Kaminska","doi":"10.32849/2663-5313/2022.4.13","DOIUrl":null,"url":null,"abstract":". The aim of the article is to analyse the application of restorative justice to juveniles in foreign countries. Research methods. The work is performed using general scientific and special methods of scientific knowledge: dialectical, historical and legal, formal and logical, methods of hermeneutics, generalisation, comparison, etc. Results . The article studies the experience of foreign countries in the context of the introduction of restorative practices in the field of criminal justice. The main goal of restorative justice is to ensure and protect the rights of juveniles who have committed a criminal offense, including the right to a prosperous and dignified existence. Refusal or minimisation of criminal punishment, implementation and effective application of restorative justice are aimed at the realisation of the interests of both the juvenile offender and society. It is emphasized that mediation can be applied to persons both at the pre-trial and at the court stage. It can serve as a waiver of the accusation or a mitigation of punishment. A feature is also the consent of parents or guardians to conduct mediation in relation to a minor. If the latter requires the presence of legal representatives (guardians, custodians) during the reconciliation procedure, such participation must be ensured. As for children who have not reached the age of 15, the participation of such persons in the reconciliation procedure is mandatory and the consent of the child is not required. Conclusions . Modern ways of responding to juvenile delinquency in the legal systems of foreign countries are focused on the educational approach, taking into account alternative methods of working with adolescents who have committed offenses. This model is called \"restorative justice,\" that is, a process in which in criminal proceedings against juveniles who have committed offenses, damages may be compensated or otherwise compensated. This can be dialogue, community service, charity, donations, and so on. Most practices involve mediation (reconciliation) between the parties through a mediator.","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Entrepreneurship, Economy and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32849/2663-5313/2022.4.13","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
. The aim of the article is to analyse the application of restorative justice to juveniles in foreign countries. Research methods. The work is performed using general scientific and special methods of scientific knowledge: dialectical, historical and legal, formal and logical, methods of hermeneutics, generalisation, comparison, etc. Results . The article studies the experience of foreign countries in the context of the introduction of restorative practices in the field of criminal justice. The main goal of restorative justice is to ensure and protect the rights of juveniles who have committed a criminal offense, including the right to a prosperous and dignified existence. Refusal or minimisation of criminal punishment, implementation and effective application of restorative justice are aimed at the realisation of the interests of both the juvenile offender and society. It is emphasized that mediation can be applied to persons both at the pre-trial and at the court stage. It can serve as a waiver of the accusation or a mitigation of punishment. A feature is also the consent of parents or guardians to conduct mediation in relation to a minor. If the latter requires the presence of legal representatives (guardians, custodians) during the reconciliation procedure, such participation must be ensured. As for children who have not reached the age of 15, the participation of such persons in the reconciliation procedure is mandatory and the consent of the child is not required. Conclusions . Modern ways of responding to juvenile delinquency in the legal systems of foreign countries are focused on the educational approach, taking into account alternative methods of working with adolescents who have committed offenses. This model is called "restorative justice," that is, a process in which in criminal proceedings against juveniles who have committed offenses, damages may be compensated or otherwise compensated. This can be dialogue, community service, charity, donations, and so on. Most practices involve mediation (reconciliation) between the parties through a mediator.