ANALYSIS OF APPLYING RESTORATIVE JUSTICE TO JUVENILES IN SOME COUNTRIES

Olexandra Kaminska
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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.
一些国家对未成年人实施恢复性司法的情况分析
. 本文旨在分析国外恢复性司法对未成年人的适用情况。研究方法。这项工作是使用科学知识的一般科学和特殊方法进行的:辩证,历史和法律,形式和逻辑,解释学方法,概括,比较等。结果。本文在刑事司法领域引入恢复性实践的背景下,对国外的经验进行了研究。恢复性司法的主要目标是确保和保护犯罪少年的权利,包括过上富足和有尊严的生活的权利。拒绝或尽量减少刑事处罚,实施和有效适用恢复性司法是为了实现少年犯和社会的共同利益。需要强调的是,调解既可以适用于预审阶段,也可以适用于法庭阶段。它可以作为放弃指控或减轻惩罚。另一个特点是父母或监护人同意就未成年人进行调解。如果后者要求在和解程序期间有法律代表(监护人、保管人)在场,则必须确保这种参与。至于未满15岁的儿童,这些人必须参加和解程序,而不需要儿童的同意。结论。在外国的法律制度中,对青少年犯罪作出反应的现代方法集中在教育方法上,同时考虑到与犯罪的青少年一起工作的其他方法。这种模式被称为“恢复性司法”,也就是说,在针对犯罪少年的刑事诉讼中,损害赔偿或以其他方式得到赔偿。这可以是对话、社区服务、慈善、捐赠等等。大多数实践涉及通过调解员在当事人之间进行调解(和解)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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