{"title":"当代俄罗斯刑事诉讼中对未成年人的刑事诉讼的转变:迈向俄罗斯联邦刑事诉讼法通过二十周年","authors":"V. V. Nikolyuk, E. V. Markovicheva","doi":"10.37399/2686-9241.2021.3.151-166","DOIUrl":null,"url":null,"abstract":"Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Transformation of Criminal Proceedings against Minors in Contemporary Russian Criminal Procedure: Towards the Twentieth Anniversary of the Adoption of the Criminal Procedure Code of the Russian Federation\",\"authors\":\"V. V. Nikolyuk, E. V. Markovicheva\",\"doi\":\"10.37399/2686-9241.2021.3.151-166\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.\",\"PeriodicalId\":184770,\"journal\":{\"name\":\"Pravosudie / Justice\",\"volume\":\"3 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pravosudie / Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37399/2686-9241.2021.3.151-166\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pravosudie / Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37399/2686-9241.2021.3.151-166","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Transformation of Criminal Proceedings against Minors in Contemporary Russian Criminal Procedure: Towards the Twentieth Anniversary of the Adoption of the Criminal Procedure Code of the Russian Federation
Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.