Міжнародні відносини: теоретико-практичні аспекти (May 2020)
IMPROVEMENT OF THE JUVENILE JUSTICE SYSTEM UNDER THE MINIMUM UN STANDARD RULES (BEIJING RULES)
Abstract
The article analyzes the basic provisions of the United Nations Minimum Standard Rules on the Administration of Juvenile Justice (“Beijing Rules”) and responded to the worldwide trend of juvenile delinquency by scholars and practitioners from many countries around the world. These rules are designed to take into account the diversity of legal systems and the social development of states and should be the basis of national legislation in need of reform. In addition, the basic principles declared in the Beijing Rules should be reflected in the juvenile policy of the states. The legal analysis made it possible to highlight such important principles as ensuring the welfare of a minor and social justice; Reduction of interference by law and fair and humane treatment of a teenager in conflict with the law; the “ principle of proportionality” (limitation of punitive sanctions) and the individualizat ion of the responsibility of minors, taking into account the act committed; expedient use of measures of influence on minors, limited use of punishments, prohibition of the death penalty and corporal punishment, etc. It has been concluded that the improvement of the juvenile justice system under the Beijing Rules is primarily consistent with the general tendency to humanize the rights and protect the rights of children and adolescents, in particular those who are in conflict with the law. Their implementation into national law enables the development of juvenile policy of the state, the system of juvenile law and juvenile justice on the basis of modern international legal standards, which in turn should help to increase the effectiveness of legal influence and reduce the level of juvenile delinquency.
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