The right to defense of the minor suspects and accused in the criminal procedural legislation of the russian federation
| Autor | Zinaida I. Koryakina - Alexander S. Shatalov |
| Cargo | North-Eastern Federal University - Higher School of Economics National Research University |
| Páginas | 256-284 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
256
THE RIGHT TO DEFENSE OF THE MINOR SUSPECTS AND
ACCUSED IN THE CRIMINAL PROCEDURAL LEGISLATION OF
THE RUSSIAN FEDERATION
Zinaida I. Koryakina1
Alexander S. Shatalov2
Abstract: the relevance of the study is
due to the problem of the alienation of
criminal procedural regulation from the
social and legal realities that determine
the specifics of the realization of the
right to defense of a minor who is being
prosecuted. The right to defense, as the
norm and principle and legal priority for
the defense, permeates all criminal
proceedings. In this regard, this article is
aimed at determining the content of the
right to defense of a minor suspect or
accused, identifying some significant
shortcomings of criminal procedural
regulation from the standpoint of their
elimination and proposing corrective
measures of normative nature. The
leading approach to the study of this
problem is the analysis of scientific,
legal and empirical materials that make
it possible to comprehensively consider
the normative and law enforcement
potential of criminal procedural
1 North-Eastern Federal University
2 Higher School of Economics National Research University
legislation in terms of comprehensive,
full regulation of the right to defense of
minors in criminal proceedings. The
article contains the author's definitions
of the right to defense, describes the
procedural model for the protection of
minor suspects and accused, reveals the
main procedural differences in the
provision and implementation of the
right to the defense of minors; defines
the procedure for clarifying the rights of
minors granted by law, justifies the
purpose of the criminal proceedings
against minors. The materials of the
article are of practical value for the
establishment and application of the
norms of the criminal procedural
legislation in the protection of the rights
and legitimate interests of criminally
prosecuted persons of a minor age,
regardless of their status. The present
paper is part of the dissertation research
devoted to the substantiation of new,
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
257
socially-oriented provisions and the
corresponding practical
recommendations for improving the
effectiveness of the Russian criminal
procedure law for persons aged 14 to 18
as the most vulnerable category of
suspects and accused in criminal cases to
ensure their right to defense. The
obtained results represent new
theoretical and practical provisions
describing the main distinctive features
of the right to defend a minor suspect or
accused in the criminal procedure of the
Russian Federation.
Keywords: minor, criminal
proceedings, criminal case, crime,
criminal procedure law, law, defense,
right, suspect, accused, subject, model.
1. Introduction
According to the Decree of the
President of the Russian Federation No.
240 of May 29, 2017, the Decade of
Childhood was announced in Russia
from 2018 to 2027, the main directions
of which were developed on the basis of
the results of the implementation of the
National Strategy for Children 2012-
2017. Within the framework of these
acts, for the first time in the Russian
Federation at the normative level, there
was declared a need for a transition to a
child-friendly justice. The basis for this
planned trend should be a clear
procedural approach that would make
the investigative, judicial and human
rights bodies take procedural decisions
and actions containing not only the
conclusions concerning the involvement
or non-involvement of the adolescent in
the commission of the incriminated act,
but also containing an "educational
component," applied in case of an
individual
further behavior with the active
participation of the defense side. Despite
such intensive activity in the field of
protection of the rights of minors, a
person of minor age is not always
perceived as a special participant in
criminal proceedings; much that is
dictated by the law, takes into account,
first of all, the interests of persons
carrying out criminal proceedings. It
should also be admitted that some
wording of the legislation, due to lack of
certainty, as well as a hard-to-implement
nature, cannot actually be used and
effectively protect the rights and
interests of minors involved in criminal
proceedings.
Despite the fact that the
clarification of the rights by officials
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