The section of jurisprudence that covers problems with the law among minors is juvenile justice. What is it today any investigator or lawyer will be able to tell. On the one hand, the section deals with the trials of juvenile delinquents, and on the other hand, the protection of those same children from adult abuse. With the first part, everything is clear. Everyone must be held accountable for their actions. But juvenile justice in the Russian Federation, concerning the protection of the rights of minors, has many nuances.
Historical facts
Juvenile delinquents had a special status back in the days of Russian Empire. If we consider the Code of Criminal and Correctional Punishments of 1845, responsibility for acts began at the age of seven. For misdeeds of children younger age parents were punished. In December 1866, Alexander II approved a law on the maintenance of juvenile delinquents in special colonies with less stringent living conditions. Children could study and work here. Even then, boys and girls were kept separately.
In the Criminal Code of 1903, the age of criminal responsibility was changed. Juvenile delinquents could be punished as early as 10 years old. In addition, the boys got the opportunity to stay as novices in the monastery in return for punishment in the colony. The foundations of juvenile justice in the modern version were actively developed at the beginning of the 20th century. The first children's court appeared in 1910 and existed until the October Revolution. However, during the First World War, this segment of jurisprudence stopped its development.
In 1922, measures of punitive criminal liability were strengthened. According to the legislation of those times, a criminal at the age of 16 carried the same punishments as an adult. A juvenile delinquent could be placed in a common cell in a strict regime colony. Criminals under the age of 18 were not assigned only the highest measure of restraint - execution.
How are things today?
Modern in the Russian Federation was for the first time legislatively fixed only in 1995. Then the Presidential Decree of 09/14/1995 was issued, in which an action plan was approved in the interests of minors. In order to strengthen the legal protection of children, a special system was developed, which received the official name "juvenile justice". What is this section? What areas of life does it cover? These and many other questions initially had no answers from experts. After all, the concepts concerned not only the responsibility of minors before the law, but also the protection of the rights of children.
In 1998, a law was adopted concerning the basic guarantees of the rights of the child in the Russian Federation. For the first time, the concept of "children in difficult life situation". This includes underage boys and girls who have behavioral deviations, live in or suffer violence from adult relatives. Juvenile justice in Moscow developed most actively in this respect. Social workers kept records of dysfunctional families, followed the guys whose parents have problems with the law.
A turning point in juvenile justice in Russia was the decision of the Supreme Court of February 14, 2000. Under its terms, a juvenile offender could be released from criminal liability if he managed to reconcile with the victim or his relatives.
In 2008, changes were made to the Family Code. Chapter 22 has appeared, which describes the possibility of removing children from families in difficult situations. If the situation does not change within a certain period, the kids are assigned to special institutions for placement in new families. There was also an article of the Criminal Code, which provides for the responsibility of parents for failure to fulfill their obligations to raise a minor. That is, juvenile justice covers the possibility of protecting a child more deeply. What does it mean? In fact, the practice of domestic punishment is prohibited by both family and criminal codes.
To date, there are bills according to which the model of juvenile justice should not be limited to the creation of criminal courts for juvenile cases. Experts argue that a special system of execution of sentences for persons under the age of 18 should be created. In addition, issues regarding children deprived of parental care should be addressed more extensively. Adults may be deprived of the right to raise their children only in exceptional cases.
Some projects also include medical issues related to family planning and sexual education of minors. The introduction of a special subject in schools will significantly help reduce crime and the birth rate of children in families with a difficult life situation.
Is judicial reform needed?
The system of organs of minors today does not work at full capacity. The rights of young children in families who find themselves in a difficult life situation are also not fully protected. Behind last years the foundations of the family were significantly weakened. According to social surveys, more and more children tend to spend time with friends rather than their relatives. Adults are also negatively affected by social networks. The educational responsibilities of general educational institutions have also decreased.
Experts argue that judicial and legal reform is necessary. Changes should primarily affect the work of social services. A qualitative record of children left without parental care should be established. The problem of juvenile justice in the Russian Federation is, first of all, a global lack of information. The work should also include educational institutions. Teachers should keep daily records of children in class. The reason for the absence of the student must be clarified.
Juvenile justice in Moscow and other cities of the country is closely interconnected with all spheres of life. In recent years, the number of parents who abuse children has increased significantly. Not the last role here is played by the economic crisis. Many people who are unemployed are unable to feed their families. The result is a prolonged depression. Morally exhausted adults begin to take out their anger on children. It turns out that the creation of additional jobs will help to significantly reduce domestic violence. Economic stability is a guarantee happy life citizens of the country.
Should also touch on the control of children's access to social networks. On the Internet, there is a lot of information in the public domain that can injure a weak child's psyche. Restricting minors' access to certain websites can reduce child aggression. As a result, the number of crimes committed by citizens under the age of 18 will decrease.
Commissions for juvenile affairs
The main problem of juvenile justice in Russia is the imperfection of domestic legislation. Projects that concern children require close attention from specialists. It is believed that special commissions on juvenile affairs should become the main link in juvenile justice. The Russian system differs significantly from the Western one. A number of countries have established special juvenile courts. It is these bodies that decide the fate of juvenile delinquents and are responsible for raising children who are left without parental care. In Russia, such issues are resolved by the same body that works with adult citizens.
Today, there are commissions on juvenile affairs in the country, created back in Soviet times. Their activities are based on the current federal laws. The main task of the body is to prevent homelessness and illegal actions of minors who were left without the attention of adults. In addition, the employees of the commissions must do everything to ensure the protection of the rights, as well as the interests of minors. For children who find themselves in a difficult life situation, social and pedagogical rehabilitation is carried out.
The work of the Commission on Juvenile Affairs is yielding positive results. Thanks to monitoring, it is possible to identify parents who are not coping with their responsibilities. However, such work should be carried out more actively. The interaction of social services with schools and other educational institutions will reduce the level of juvenile delinquency, reduce the number of minors in difficult situations.
The main positions on the formation of juvenile justice
Experts believe that the system that operates today should be completely destroyed. The new project of juvenile justice should be implemented in the same form as in the West. At the same time, reforms should be carried out gradually, in accordance with Russian reality. International juvenile justice provides for the interaction of various spheres of life. It will be possible to protect minors if not only social services, but also educational institutions and trade unions are included in the work.
There are also opposite positions. Some experts believe that juvenile justice bodies do not represent any benefit to society. Courts, guardianship authorities and other structures that have been operating since the times of the USSR are quite coping with their duties. There is an opinion that the introduction of juvenile justice in Russia is an excessive measure. All that needs to be done is to make efforts to improve the current system. A complete replacement of the structure will require a lot of financial and physical costs.
Does not eliminate juvenile justice. What is it, in its essence? This is a system of punishment of juvenile delinquents, as well as the protection of the rights of children in front of parents who do not cope with their duties. But first of all, educational work should be carried out on the methods and methods of education. If children grow up in love and care, juvenile delinquency will be reduced significantly. It turns out that it is not the system of punishments that needs to be improved. The main role should be given to the education of young parents. And social services can easily cope with this task.
Public rejection of juvenile justice
The introduction of the first principles of juvenile justice in Russia caused a storm of negative opinions and statements. According to opponents of innovations, Western norms are completely contrary to the national mentality, spirituality and traditions that have evolved over the years. In Russian society, it is believed that a child should treat his parents with respect. Fathers and children should not be equal. According to Western norms, children have the same rights as their parents. Experts believe that this ultimately leads to destabilization of the family, schools and society as a whole. An ill-bred child is more prone to criminal acts.
Such well-known figures, such as journalist, actress Ekaterina Vasilyeva, and political consultant Anatoly Wasserman, oppose Western-style juvenile justice. According to some politicians, juvenile technologies tend to split the Russian public into two camps.
Negative results of activity of juvenile justice bodies
Pilot projects related to juvenile justice have already been launched in Russia. They had negative results. First of all, this is a violation of the rights of parents. Each family has its own methods of education. According to Western norms of juvenile justice, a child can independently decide what to do and how to act in a particular situation. At the same time, parents cannot forbid him. This situation has an extremely negative impact on the development of an immature personality.
Led to a significant increase in deprivation cases parental rights juvenile justice. Adults do not always know how to defend themselves in such a situation. In many cases, the court decision is not in favor of the family. This affects both adults and children. The introduction of juvenile justice norms also leads to an increase in the number of cases of juvenile delinquency. Although it would seem that it should be the other way around. The child, left without parental attention, begins to do wrong things.
Powers of juvenile authorities
According to experts, the negative results were obtained due to the excessive expansion of the powers of the bodies that are part of the juvenile structure (social workers, courts). In addition, the rights of the child are misunderstood. Unfortunately, in Lately the uncontrolled introduction of juvenile organs into the affairs of individual families is increasing significantly. Cases are already known when children were removed from families even for an absurd reason. The child was the first to suffer.
According to Western trends, juvenile authorities can also dictate to parents how to properly raise a child. After all, it is in the countries of Europe that it is believed that a small person grows and develops in society, and parents play only a secondary role. Therefore, mom and dad have much less influence on a particular child than school psychologists, teachers, doctors.
Alternative reforms in the juvenile sphere
Western jurisprudence and juvenile justice can in no way influence the development of the Russian state. To bring up a normal society, it is only necessary to amend the current family legislation. Work related to the protection of the family and childhood should be aimed at reducing the number of abortions, supporting large families helping children who are left without parents. A special commission should be created in each school. Social services should be active, but not aggressive.
Particular attention should be paid to children's correctional institutions. It is necessary to find out in the first place why the child went to the crime. Children often commit illegal acts under the influence of adults. Correctional institutions should carry out work on the re-education of children, teaching the principles of morality and justice.
The introduction of new juvenile principles cannot do without economic aspects. Close attention should be paid to the financing of low-income and large families. The creators of family-type shelters should also be encouraged. If the family is provided with quality food, the children will be dressed and shod, they will be able to have a great summer vacation, it is unlikely that there will be a question of juvenile delinquency.
Summarize
Should juvenile justice develop in Russia? Both children and parents will only benefit if they receive more attention from the state. However, attention should be directed to the development of the family as a whole. The aggressive principles of juvenile justice used in some Western countries will not be suitable for Russian society.
After the collapse of the Soviet Union in Russia, intense discussions about juvenile justice have been going on continuously. The Russians were split into two irreconcilable camps: supporters and opponents of the introduction of juvenile justice. And this is not surprising. After all, the sphere family relations, upbringing of children, parental rights and responsibilities - one of the most important and most sensitive for a person and for society. And to interfere with it with experiments, with someone else's experience incompatible with the Russian tradition and organization, is not only contraindicated - it can cause enormous harm and even endanger the existence of the country.
The pamphlet you hold in your hands shows that such a threat is very real. Our common goal is to prevent such a development of events.
What is juvenile justice?
The phrase "juvenile justice" seems to be familiar to everyone, it is well known. However, there is no well-established definition of this concept. Moreover, there is not even a relatively stable common understanding. Often, this is why, when discussing juvenile justice, the parties have fierce disputes and cannot agree.
The fact is that this term has many meanings. In a narrow sense, juvenile justice is a system of methods for correcting and protecting young criminals. And the system is Western. In Russia, there is no separate name for such a system; before the introduction of juvenile justice, juvenile justice was a specialized part of the general justice system and was administered by commissions on juvenile affairs. But in recent years, more and more often there is a substitution of concepts and juvenile justice is called juvenile justice, while arguing that those who are against juvenile justice are against a special approach to legal proceedings in relation to children in general.
However, putting the well-being and interests of the child at the forefront, juvenile justice has created a whole range of non-judicial, not even legal bodies that are designed to serve it (in particular, guardianship and guardianship authorities to ensure the interests of the child in the family). These bodies, which initially had auxiliary functions, gradually became dominant, which makes it possible to speak of juvenile justice also in a broad sense. In a broad sense, juvenile justice (in this sense it is sometimes called the “juvenile system” or “juvenile law.”) is understood as the set of legal norms that have developed in the West that regulate social relations with the participation of minors and are aimed at ensuring their rights and interests. In a broad sense, the topic of juvenile justice affects the state youth and demographic policy, family policy, etc. In particular, in Russia, opponents of the introduction of juvenile justice are concerned that children can be uncontrollably removed from families, as is the case in the West, which is fraught with the destruction of the very institution of the family.
It is important:
The National Children's Commission in the United States concluded that children are often removed from families "prematurely or unnecessarily" because the federal funding mechanism gives states a "strong financial incentive" to select children rather than provide families with assistance to continue living together. The study of the situation with the seizures of children led scientists, government commissions and lawyers to the same conclusion - 30% of children removed from families were taken away without any real reason and should not have been subjected to seizure. The general conclusion is: "These children were removed from the family not for their safety, but for the safety of social workers." In 85% of the cases, declared "neglect of the needs of the child", in reality it was about poverty. That's the opinion of Trevor Grant, former head of New York City's children's department of social services. He explains: “Families are destroyed for absolutely insignificant reasons. If the furniture is broken or the house is dirty, social workers take the child away. If there is even the slightest doubt, it is safest for the case worker to take the child away, citing neglect as the reason, as this will never have to be proven in court.”
Understanding juvenile justice in a narrow sense is typical for professional lawyers. But more often it is understood in a broad sense. And this is where the main concerns arise. Here we are talking not only about physical health, but also mental, not only about the lives, but also about the souls of our children.
So what is juvenile justice in modern Russia? A vital element of the national legal system or a cunning destructive paradigm imposed from the outside, the introduction of which in Russia should be resisted in every possible way?
Firstly, we are talking about juvenile justice, since there is a certain problematic field - the field of public administration and public activity, called " national system protection of the rights and interests of minors”. Legal norms are a kind of “blanket” that covers a problem field, but it is clearly not enough for all problem areas. It would seem, why not expand this “blanket” to all the existing disputed areas?
But not everything is so simple. Today it became obvious that the country is being information war (both from the outside and from the inside) with the help of non-powerful means and manipulations. It strikes humanitarian institutions: culture, values, family, childhood. This is the source of those anxieties that are increasingly heard, and sound justified. Juvenile justice in this sense is especially dangerous.
The reproduction of Russian traditions, the values of our civilization takes place, being passed down from generation to generation, in the family. And these are not the values of individualism and consumerism, competition and war "all against all", when "everything that is not forbidden is allowed." These are the values of community and spirituality, mutual assistance and compassion. Now Russia is forced to live without a state, national ideology - a life without meaning, without values. Therefore, the empty space is occupied by other people's values. But alien values do not yet reign everywhere in Russia, although they dominate in many areas. The family is still protected from them, while marriage contracts and litigation between parents and children are still alien to most of us. How long?
This is interesting:
In 2007, the Constitutional Court of Karlsruhe (Germany) upheld a lower court ruling that deprived parents of parental rights for refusing to send their children to a school where they were taught sex education. According to Evangelical Christian parents Uwe and Hannelore Romaike, German schools instill in children values and ideas that are incompatible with Christianity, in particular about the naturalness of homosexuality and premarital sexual relations. This prompted parents to homeschool their five children. However, according to German law, parents cannot independently determine what values to raise their children in accordance with, so Romaike were deprived of parental rights and were forced to flee Germany. In Russia, the "sexual education" of schoolchildren is the subject of fierce discussions and ideological confrontation between the defenders of traditional moral values and the proponents of the corruption of minors. However, since 1996, when Russia received money from the United Nations Population Fund for the introduction of this course, Russian schools have taught sexuality instead of moral education.
Undoubtedly, we need to improve our institutions, analyze the positive world experience, and adapt it to our soil. But it is obvious that if this is done thoughtlessly, drowning out one’s conscience with grants, then a kind of “poison arrows” appear that actually hit Russian reality (for example, same-sex cohabitation).
This is interesting:
In Western countries, one of the most controversial issues of recent times has been the possibility of adoption of children taken from their families by homosexual and lesbian couples, and in many countries this has become a reality, despite the resistance of most of society. A child taken from his parents can be placed in a homosexual family in Belgium, Great Britain, Denmark, Spain, Iceland, Holland, Norway, Sweden, and in some states of the USA. In Russia, this issue, fortunately, is not yet on the agenda. In 2010, an attempt was made in the United States to remove the words “mother” and “father” from the application form for an American passport, replacing them with “parent No. 1” and “parent No. 2”, so as not to “injure” the feelings of same-sex “marriage” unions. Only a powerful social protest did not allow the recognition of sacred words for any child as politically incorrect. As a compromise, we settled on the wording "mother/father/parent".
In essence, juvenile justice is a response developed in the West to the challenge of protecting the rights of the child. Russia has historically given its own answer to all the key problems of life in this area. The Russian type of family relations is unique. Practice shows that transferring Western experience to Russian soil, replacing one's own, is destructive and dangerous. Therefore, the introduction of Western-style juvenile justice in itself can cause negative consequences in Russia, even if it were an ideal system. Obviously, in the field of juvenile justice and the protection of their rights, there is no point in breaking your system and borrowing someone else's. If we borrow something, then only in order to improve our own social system.
This is interesting:
In the West, the problem of the responsibility of minors was studied as early as the time of the Roman Empire. In the Law of the XII tables, the principle of forgiveness of punishment was first formulated. He was mainly concerned with minors. In the Digests of Emperor Justinian (VI century AD) in the fourth book contains the title IV “On persons under 25 years of age”, which indicates the need to provide assistance to young people and show a special attitude towards them. After the collapse of the Roman Empire, during the Middle Ages in Europe there was no special attitude towards children: they were judged and punished according to general rules. Until the beginning of the XVIII century. the child was considered "an adult in miniature". But in Russia since the middle of the seventeenth century. there are attempts to form a special order of legal proceedings in relation to minors. For the first time, the difference in punishment for juvenile and adult criminals was recorded in 1669 as an addition to the Council Code of 1649. The norm read: "... if a seven-year-old boy kills, then he is innocent of death."
Let's talk about Juvenile Justice and reveal all the secrets, as well as the whole truth of this newfangled novelty.
The slogan of protectors of parents and "defenders" of children in this case is identical: "Don't think it won't affect you!"
In popular use, the phrase "juvenile justice" does not mean an encyclopedic concept with a list of state bodies involved in the essence of the issue, but rather simply - ensuring the rights of children in variations of different degrees and methods of protection, the adoption of legislation comprehensively protecting the rights of children, juvenile technologies, different projects aimed at maintaining the chosen course, etc.
That is, for the majority, this is not a judicial system for minors, but precisely methods of controlling the lives of our children being introduced into our lives from all sides and voicing advertisements for the latter that they have their rights.
Juvenile justice - translated from English. "juvenile justice".
Every sane parent has long been aware that juvenile justice is moving with a confident gait into the ordinary life of Russians. How do you personally feel about this? After all, everyone has formed some kind of, even superficial, opinion, and if someone else is in the process or is not in the know, let's think together.
Experience and what we have today
In the world. Juvenile justice (both as legislation with practice and as a system of courts) is actively operating in developed European countries: the USA, Great Britain, Scandinavia, France, Holland, and Finland. There are several models of YuU: Anglo-American (Great Britain, Canada, USA, Netherlands), continental (France, Belgium, Germany) and Scandinavian (Sweden).
The world has been moving towards this for a long time. Everyone watched TV and was aware of the sensational stories when children (including from Russian citizens) were taken away because of sheer nonsense. In a number of European countries, children have long been aware of this life from an early age as permissiveness: in fact, they rule their parents. But everything changes overnight when (and the generation of those on whom experiments were carried out on the initial stages of tough Yuyu has already grown) these spoiled offspring become parents themselves. As a result, the birth rate drops sharply, and the authority of the family is neutralized. But if somewhere, apart from other motivations, there is a real protection of the interests of children, citizens, then in Russia no drastic measures have been applied before. Until recently.
In Russia. Russia moved towards this gradually, especially actively after 2000, in particular, when government agencies were allowed to initiate lawsuits to remove a child from the family.
"Experiments" were conducted in a number of regions of Russia.
“The experience gained in a number of regions of Russia testifies to the readiness of the judiciary to introduce juvenile courts.
Such experience is available, first of all, in the Rostov region. It was obtained as a result of implementation in 2001-2003. project of the United Nations Development Program in Russian Federation(UNDP) Juvenile Justice Support.
As a legal experiment, 15 prototypes of juvenile courts were created, including three “Model Juvenile Courts”: opened in Taganrog in March 2004, opened in Shakhty in September 2005, and opened on September 15, 2006 rural juvenile court in Yegorlyksky district"
According to information (from such sources as, for example, Wikipedia) on the state and definition of YJ in Russia today, its status reads: “Juvenile justice in Russia is a specialized judicial and legal system that is being created in Russia to protect the rights of minors.” That is, the process of creation in active action. And this means that everything that is now (including "flowers" that are not yet "berries") - just the beginning.
And this is how the media wrote about the possibility of adopting laws regulating the dynamic activities and practice of YuJ in the country in 2014:
“Today in Russia, a Western-style juvenile justice system has been legislatively introduced at the federal level.
In January 2014, the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” was lobbied.
This law establishes bureaucratic control over each family - social patronage (in the law it is called social support), which is imposed on citizens under the guise of social assistance. The system of intervention of organizations of the widest range in the private life of families is legalized with the possibility of selecting children from them at the discretion of officials only on the basis of poverty, the need for state assistance. But the most alarming are the provisions of the law that allow for early intervention by the state in the affairs of the family in a revealing manner for the purpose of prevention”
"Tender executioners" - a film about juvenile justice:
What we have today:On January 1, 2015, the above-mentioned law came into force, the title of which, according to some Russians, “only covers up the nasty intentions of social protection.”
Opinion and excerpts from the adopted Federal Law (Livejournal):
“The law, under the guise of social services, practically introduces juvenile norms and principles into practice. It directly states that any family in need of state assistance should be provided with social support. This is a compulsory order of bureaucratic control over each family (social patronage), imposed on citizens under the guise of social assistance.
Actually
Article 14. Application for the provision of social services
The basis for considering the issue of providing social services is a written or electronic application submitted by a citizen or his legal representative for the provision of social services or an appeal in his interests by other citizens, an appeal by state bodies, local governments, public associations directly to the authorized body of the subject of the Russian Federation or submitted application or appeal within the framework of interdepartmental interaction.
Article 15. Recognition of a citizen in need of social services
A citizen is recognized as in need of social services if the following circumstances exist that worsen or may worsen the conditions of his life:
1) complete or partial loss of the ability or ability to carry out self-care, move independently, provide for basic life needs due to illness, injury, age or disability;
2) the presence in the family of a disabled person or disabled people, including a disabled child or disabled children in need of constant outside care;
3) the presence of a child or children (including those under guardianship, guardianship) experiencing difficulties in social adaptation;
4) the inability to provide care (including temporary) for a disabled person, a child, children, as well as the lack of care for them;
5) the presence of an intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;
6) the absence of a fixed place of residence, including for a person who has not reached the age of twenty-three and who has completed his stay in an organization for orphans and children left without parental care;
7) lack of work and livelihood;
8) the presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.
- The authorized body of the subject of the Russian Federation makes a decision on recognizing a citizen in need of social services or on refusing social services within five working days from the date of application. The applicant shall be informed of the decision taken in writing or electronically. The decision to provide urgent social services is made immediately.
- The decision to deny social services can be appealed in court.
© ConsultantPlus, 1992-2015
Those. I’ll translate into “ordinary language” some grandmother from your entrance didn’t like that you or your child didn’t say hello to her, she writes / calls the guardianship authorities and says that you are mocking your child (and she does it anonymously), beat or yelling, etc., etc. Next, representatives of guardianship come to you (they are OBLIGED to check this) and start checking EVERYTHING, even what you are not aware of, for example, food in the refrigerator (there should be fresh meat, fruits, vegetables, milk, etc., etc. every day) or cleanliness in the child's room, the conditions of his detention, clothes, workplace! (oh you don’t have an individual workplace for the child? does the child sit at the same table with you?) in general ... ”(comments from Livejournal)
What do Russians think about Yu Yu in Russia? According to many surveys, the majority is against the implementation of the YuJ measures (from 54% to 97% - according to different types of surveys and surveys).
Juvenile justice is evil...
In Russia, even before the adoption of the law, there were frequent cases when children were removed from the family because of sheer nonsense, according to media sources. What are state bodies doing, or rather, those who ordered them to behave this way? Thoughtlessly copying Western patterns of behavior?
After all, it is clear that no care for children is carried out in practice: those who need help are dying at the hands of alcoholic parents, from malnutrition, and failure to provide medical assistance. But for normal parents, total control is established. According to Yu Yu's opponents, this interest of the structures that carry out “accompaniment is due to the fact that for each child removed from the family they receive a good N-sum, promotions, etc. And the result is evaluated not by the number of corrections of dysfunctional families, the arrangement of children's destinies, but by the number of children taken from families. Such a cynical truth. Where are these government agencies when in winter there is no firewood in rural low-income families and all local authorities are aware of this, but no one cares?
A phrase from an article about Yuyu - "Do you think that children will be taken away from alcoholics and sent to study at Cambridge?". They will be handed over to an orphanage, in specialized agencies, from there, some of them may be adopted (after all, healthy children go to families much more actively than children of alcoholics), and the rest and the main part will become a profit for those who deprive orphans of state maintenance for the sake of their comfort, someone will lose their housing due to recognition of his incapacity .. will spend his whole life in a boarding school for the mentally retarded. Yuyu is another meat grinder, a soulless system designed to ruin lives.
Another point highlighted in YU's mission is "sex education, sex education, a call for family planning." In practice, this means that children will be taught to use contraception and say that open relationships are the norm of life, that is, the priority is not family values while avoiding pregnancy and sexually transmitted diseases. Of course, it is correct to talk about family planning, but this should be done by parents, and not by those advocating neglect of parents.
What is the purpose of this? To smash the institution of marriage to smithereens.
How ordinary Russians “decipher” legally loyal terms about social support from the law (found on the Internet in several articles):
Reasons for the removal of children from the family
To date, it is possible to remove a child (children) from their parents, subject to the action of Yu Yu, under the following circumstances:
- Not visiting the children's dairy kitchen;
- The child was not vaccinated in a timely manner;
- Housing in disrepair;
- The apartment needs renovation;
– The apartment is being renovated;
- Presence of pets in the house;
- Immoral behavior (to be in underwear in the presence of a child);
- Untimely passage of doctors in a children's clinic;
- Children's toys and garbage are scattered on the floor;
- Lack of sufficient number of children's toys;
- The child plays with other objects instead of toys;
- The child does housework, such as: washing dishes, sweeping the floor, taking out the trash;
- The child is in the kitchen with the mother during cooking;
- The child often and loudly screams and cries;
- The refrigerator does not have the entire range of products necessary for the child;
- Complaints of neighbors about child abuse, including anonymous ones;
- IN one-room apartment two children of different sexes are brought up;
- The total family income is insufficient to create "full living conditions" for the child;
- You interfere with the individual development of the child.
So, if you have no enemies, your neighbors adore you, you are privatized housing with a sufficient number of square meters, moreover, with European-quality repairs, the child plays exclusively with Chico toys, you are sure that the child will live without skills for work, and in general - let looks at porn sites, smokes weed, becomes a member of a sect, sends you to hell - be calm, juveniles will not come to you"
Regarding the above quote, this is not in the Federal Law, these are “thoughts” of ordinary citizens, but not without veracity, so, in fact, in practice this very law will be implemented / implemented somewhere.
It turns out that children will be able to choose their parents, and this will be the norm, all the surrounding information, the lifestyle of adults will tell them that “parents come and go, and the child will be forced to find self-worth in himself (that is, he compensates for all injuries with egoism, narcissism ), or other pathologies. That is, the commandment to honor parents is killed in the bud, the institution of the family, marriage is broken, and the whole horror is that the most innocent is put under the gun: children. What will happen to society if we start its decomposition from the purest?
The picture is even darker when you consider that leading role punishers are played by the state, institutions that should protect children (ideally). Okay, the struggle with a person, but with the state ... Just like with Leviathan (associations associated with a sensational film) - often in advance gives rise to a feeling of one's own worthlessness, hopelessness, doom.
“Two quotes illustrate approaches to the issue of punishment in the traditional and so-called “juvenile” family.
“For whom the Lord loves, he chastens; but he beats every son whom he receives ... For is there any son whom the father does not punish? (Bible)
It is forbidden "any punishment with the use of physical force and the intention to cause the punished physical pain of any degree of intensity or inconvenience (including forcing the child to maintain an uncomfortable position for a long time), even if it is insignificant." (Council of Europe Recommendations on the Elimination of Corporal Punishment for Children)
It is quite obvious thatjuvenile justice does not simply offer new insights into the rights and possible behavior of the child, butis aimed at a radical change in Russian society, at the destruction of traditional concepts and ideas about raising a child and parental rights » (rusrand.ru, On the problems of juvenile justice, materials of the round table)
Two sides of the same coin
There is an impression that both one side (the one that is “For” YuYu) and the other (the one that is “Against” YuYU) are engaged in tug-of-war, and ordinary people are a field for manipulation. I want to say: “Stop! And where are these crowds of police officers, representatives of state institutions, daily going from house to house in search of suspicious families? Isn't all the noise just provocation and manipulation? Yes, there is no smoke without fire, and cases of removal of normal children from normal families are real. But they are not massive, and, I would like to believe, will not be massive.
And yet, it turns out: the struggle for the rights of children in fact turns into the destruction of families, and families that really need the control of social services and the police will remain ownerless. In general, no good deed comes out either in practice or in theory ...
But let's be honest. You should not go to extremes that either the children will "rot" their parents, or the parents of the children, there is still a sound middle ground. Through some media, hysterical motives for disagreeing with the introduction of YuYu in Russia are actively voiced. And what will happen to people when the action of the Federal Law gains full force (and a number of Federal Laws are published and approved), if now, at the stage of threats and “initial hostilities”, there are so many emotions? It is worth learning the laws (for example, the Constitution is always higher than the Federal Law, and the first guarantees a number of rights that run counter to the Federal Law), prepare, but the main thing is to raise children in love, take care of the family.
Has anyone personally visited you from government agencies (social protection, OOiP) without warning in order to check the child’s life support because an “evil” neighbor declared you? Are there any such cases among your friends? I can say that so far, from personal experience in these organizations, I have met only a friendly or neutral (but not negative) attitude towards parents ( personal experience, I don’t speak for everyone), moreover, many are happy to take the side of protecting the interests of parents. But after all, cases of applying strict control measures are a reality ... Therefore, you should not be naive, you need to be “armed” and be able to protect your rights. Do not think that this may not affect us or you.
What is juvenile justice? This is a system of special laws, the meaning of which is simple and terrible at the same time: to achieve the destruction of this most important institution of society by interfering in the affairs of the family. As always, evil dresses up in the clothes of good. Juvenile technologies and juvenile legislation are being promoted under the guise of "protecting the rights of the child" or "combating domestic violence." The rights of the child are opposed to the rights of the parents, the family is artificially split. There is an active propaganda of denunciation of parents among children. The main task of doctors and teachers is to “give a signal”. This scheme works like this: a bruise on a child’s bottom, a “signal” that the house is “not clean enough” or “not enough food” - juvenile workers come to the house and WITHOUT A COURT DECISION (!) Take the children away. To "help" them. In Scandinavia and Northern Europe, where juvenile technologies have been introduced for a long time, the removal of children is always . Children are never returned to their parents, almost never. In the UK, it so “accidentally” turns out that families where children are transferred for upbringing are almost always ... same-sex.
It's time to ask: why is all this being done? Juvenile justice is a family destruction technology. The family is the basic cell of society and the mechanism of the demographic reproduction of the people. Destroy the family, split it, level its meaning - and immediately “kill” two birds with one stone: deprive people of support and you can interrupt the traditions and culture of the people (which are transmitted in the family), you can create a situation of inevitable reduction in the number of people. If there is no family, there will be no people. That's the whole point of juvenile justice, which is one of the tools of globalization.
An unpleasant fact is that juvenile technologies have already been partially introduced in Russia. Here are just two recent facts.
1. At the end of its work, the State Duma of the previous convocation adopted, despite public protests, the notorious. Under the guise of “protection against domestic violence”, changes were introduced that equated to an unambiguously criminal punishment, being an aggravating factor – kinship. It turned out - slapped on the pope - a bruise - even his absence, but the suspicion that the slap was - 2 years in prison.
Public protests were that the State Duma found the strength to admit the mistake, and its new composition (for the most part consisting of the same deputies as the previous one!) Removed juvenile meanings from the law.
2. In January 2017, there was another attempt to drag juveniles into Russian legislation. This time nodding at the old composition of the Duma will not work - a new law. The “contingent law” proposed by the government implied the collection of data on children, to which none of the parents gave the go-ahead. This law was stopped by the President, who.
Please note: the same deputies in the same month can eliminate juvenile technologies in one law and immediately introduce them to others!
This gives us two facts, both of which are sad but not fatal:
- Deputies of the State Duma from " United Russia”, which ensure the adoption or non-adoption of laws, are completely subordinate to party-factional discipline and the leadership of the State Duma. This means that absolutely ANY law can be adopted. United Russia has no ideological core, no own understanding of what is good and what is bad, also does not exist in their heads.
- There is a powerful juvenile lobby in our country, which is pushing juvenile legislation with all its might through the State Duma and the Federation Council.
However, as recent events have shown, the interaction public organizations and the President is able to stop the penetration of juvenile justice. But passivity and the hope that the "good gentleman" from the Constitutional majority of the United Russia in the State Duma understands what you can not vote for, will quickly lead to the triumph of juveniles.
Have you noticed how in last days juvenile lobby activated? Articles on the topic “in Russia they were allowed to beat in the family” were full of pages of many publications. And all because the State Duma corrected its mistake and removed kinship as an aggravating circumstance.
An important role in the rising hype was played by those forces that are outside the authorities and the media, are working with all their might for the globalists. At the same time, these forces, or rather, even persons ... are very specific. Now you will understand what is meant.
On January 26, 2017, I took part in the Evening with Vladimir Solovyov program. In the third part, there was a discussion of the hype and crocodile tears around the decision of the State Duma to correct its mistake. Among those who tried to appeal to emotions and pretended that now families were not protected from violence in Russia in any way was Alena Popova. Before we talk about this person, let's dispel the veil of lies that juvenile justice lobbyists deliberately create. Any person in Russia is protected from beatings by law: the Criminal Code has a lot of articles with different elements of crimes. To introduce a special law “for the family” is the first step towards juvenile technologies. It is no coincidence that in the documents of European juveniles, the family is listed AS THE MAIN THREAT TO THE CHILD!
But let's get back to the person who, on the air of Solovyov's program, defended "juvenile values." Here she is - Alena Popova.
For protection from domestic violence. Protects children. Juvenile technology is always presented this way: protection.
And here is Alena Popova a little earlier.
She was a comrade-in-arms, a "civil activist", a former State Duma deputy. The one who was one of the leaders of the failed "snow revolution", the only one who voted against the reunification of Russia and Crimea, received $ 750,000. After law enforcement became interested in this apparent embezzlement of funds, Ponomarev fled to the United States. There and in Ukraine, he is now hiding, after he was deprived of his parliamentary powers.
And here is Alena Popova with a white ribbon and Ilya Ponomarev during the “marsh attempts” to seize power in Russia according to the Ukrainian scenario in 2011-2012.
Ilya Ponomarev and Alena Popova, who fled to the USA and Ukraine
Evgenia Chirikova and Alena Popova, who fled to Estonia
Alyona Popova and member of the Supervisory Board of the Carnegie Center Vladimir Ryzhkov
Then they wanted to take power, but today they decided to protect our children? Considering the political face of Alena Popova, it will not be difficult to guess which structures and which states are pushing the juvenile system in our country. This is still the same gop-company of the "opposition", "children of the captain of the grant" and the Fifth Column, ready to sell the interests of their country in any form.
In the program of Vladimir Solovyov, this lady fully revealed herself. Just look.
Here full version programs:
(the third part, which dealt with juvenile justice - from 1 hour 20 minutes)
In fact, juvenile justice was conceived as a positive system in which the work of its bodies should be aimed at saving and protecting children in dysfunctional families, as well as to combat those actions of parents that threaten the real life of the child. In fact, everything is not so. Juvenile justice - what is it? Evil or good? In fact, this system does not fulfill its original purpose at all, nor in developed countries, where it has been operating for a long time, and even more so where it is just emerging. Trusting the statistics, it can be argued that the number of suicides, crimes, ruins of families only increases in those cases where this very juvenile justice intervened. Therefore, in society, it causes more negative reviews than positive ones.
Juvenile justice - what is it?
In Russia, juvenile justice is an emerging special judicial and legal system aimed at protecting the rights of minors. In terms of this system, both state bodies that administer justice in cases involving minors, and non-state institutions that should monitor the rehabilitation and correction of young criminals should work. Their task should include the prevention of juvenile delinquency, as well as social measures to protect the rights of minors in the family.
In Russia, juvenile justice is formed based on the framework of the European Social Charter, which enshrines a number of human rights in society. The Convention on the Rights of the Child is also taken as a basis, in particular, its provisions that relate to juvenile justice.
In our country, juvenile justice is imperfect and causes different opinions, both positive and negative. Some suggest that it is quite capable of destroying the established institution of the family, and also provokes an increase in corruption in official circles. Even President Putin expressed such fears. According to his press secretary, Vladimir Vladimirovich's attitude to juvenile justice is rather skeptical.
Actions of juvenile justice
Juvenile justice - what is it, first of all? By definition, there should be an authoritative judicial structure, the main task of which would be to protect the family and the child as a whole. In fact, such a system has been operating both abroad and in Russia for a long time. The question is different now. Previously, it acted much more adequately, really reacted to such problems as the crimes of young offenders, the infliction of serious physical injuries on children, and the like. However, every year, step by step, this system has been transformed, now the concept of the juvenile system is interpreted in a different meaning.
The problem of juvenile justice in Russia, with all the efforts, is acute. Thus, the law, which has already been adopted “On the Fundamentals of Social Services for Citizens of the Russian Federation”, has become a strengthening factor in the positions of those individuals who, uncontrollably and with full authority, seek to dispose of “our” children throughout the country. It may sound unexpected, but that's the way it is. If before the adoption of this law, each trial involving minors was carried out carefully and thoroughly, now it is enough for the authorities to receive an anonymous denunciation (they will not be tracked), and even from any prosperous family may remove the child. The reason for the denunciation can be any reason, even scattered toys or unwashed dishes in your sink, depending on how to present this situation on paper, it all depends on the author's imagination.
History. the Russian Empire
Juvenile juvenile justice has its roots deep in history. As for the Russian Empire, juvenile delinquents have always had a special status. In 1845, the "Code of Criminal Punishments" limited liability to the age of 7 years.
Alexander II in 1866 on December 5 approved the Law "On the establishment of colonies and shelters for juvenile delinquents and their moral correction." The law contained special rules for the maintenance of young criminals. A division into female and male sex was established.
This is how juvenile justice began to develop in Russia. What did it give the state? First of all, order and responsibility among the population of the country.
The next stage of development is 1897. Nicholas II changed the already existing "Code of Criminal Punishments", in particular, in the paragraphs where it was about the responsibility of minors. In 1903, the Code determined the age of criminal responsibility from 10 years. They also introduced a basis for exemption from criminal liability - this is the inability of a minor "to understand the meaning of his act." The order of serving punishment by minors was regulated, juvenile delinquents were given the opportunity to serve their sentence as a novice at the monastery.
The first children's court in Russia lasted eight years (from 1910 to 1918). With the advent of the October Revolution, it was abolished by the authorities and no longer received its further development.
The Council of People's Commissars of the RSFSR adopted a Decree in January 1918. It said that all prison sentences and juvenile trials would be abolished. All cases of offenses committed by persons under 17 years of age were transferred to special Commissions for juveniles.
Rampant crime, especially among juvenile homeless children, has led to the fact that the problem of juvenile justice in the country has become very acute. In 1922, punitive criminal liability was strengthened. It was stipulated in the Criminal Code that criminal penalties, the same as for adults, can already be applied to minors from the age of 16. However, capital punishment was prohibited for use by persons under 18 years of age. In general, the criminal law in article 32 recommended that minors should be treated with more lenient measures.
In the cruel year of 1935, the CEC decreed major changes to the law. The age of offenders-criminals was reduced to 12 years, it was allowed to apply all types of punishments, up to the highest measure (except for Article 58). In order to increase parents' responsibility for their children, all commissions for minors, who at that time somehow stood up for the protection of the rights of the child, were abolished.
The problem of juvenile justice in the Russian Federation and other republics of the Union led to the fact that in 1941 the Presidium adopted a Decree that extended liability for criminal acts among minors not only for intentional acts, but also caused by negligence. Until the end of the 1950s, the punitive orientation of juvenile justice was defined. These Decrees lost their force only in 1959, when the new Criminal Code was put into operation. There are two reliable facts of the execution of minors. 1940 - Vladimir Vinnichevsky (maniac), 15 years old. On his conscience - eight murders, ten attempts. 1964 - Arkady Neiland, 15 years old. Guilt - the murder of a woman and her three-year-old child, desecration of a corpse, arson.
In 1964, the Supreme Court of the USSR pointed out to the courts the need for specialized consideration of cases involving minors. But at that time, specialized courts did not appear. Since 1960, the Supreme Measure was allowed to be used only for persons 18-60 years old. However, in 1964, this punishment was nevertheless applied to the 15-year-old Arkady Neiland.
Juvenile justice in the Russian Federation: state and prospects
For the first time, the legislative consolidation of the principles of juvenile justice in Russia took place in 1995, when Boris Yeltsin signed the Decree, which approved the Action Plan in the interests of minors. In accordance with this plan, it was envisaged to create a juvenile justice system in the country.
In 1998, a law on basic guarantees and the rights of the child was adopted. It was the first to introduce the concept of “children in a difficult life situation”, this category includes children from low-income families who have behavioral deviations, as well as those who cannot overcome some difficult circumstances with the help of their family or on their own.
The juvenile justice system underwent a turning point in its formation with the adoption of Decree No. 7 of February 14, 2000. It makes recommendations to apply Article 76 of the Criminal Code of the Russian Federation to minors, which provides exemption from liability if reconciliation with the injured party has occurred.
In 2008, chapter 22 of the Family Code was adopted. It provides for the removal from the family of a child who is recognized as left without parental care (that is, abandoned to the mercy of fate). This will be followed by placement in a special institution for the placement of a minor in new family. This is how juvenile justice operates in Russia now. Was such an amendment to the Family Code accepted or not by society? There are a lot of opponents, since this law can be interpreted and interpreted in different ways.
According to article 156 of the Criminal Code of the Russian Federation, citizens who do not fulfill the obligation to raise their children or their educational methods are associated with cruel physical treatment can be held criminally liable. The punishment under this article is up to three years in prison.
In 2009, new positions appeared in Russia under the President and governors of the constituent entities of the Russian Federation - the commissioner for children's rights.
In 2010, the State Duma rejected the law regarding the creation of juvenile courts.
In 2011, the plenum of the Supreme Court approved the Decree regulating the specifics of the criminal liability of minors. In accordance with it, educational processes in juvenile cases should be strengthened in the courts, it is necessary to pay attention to Special attention prevention of criminal activities. Do not leave the work of commissions on juvenile affairs, public organizations and educational institutions to make private rulings, which would indicate all the specific circumstances of the case.
Juvenile justice should not be limited to criminal courts for minors, it should solve broader problems:
- Social issues related to minors who do not have parental care. Questions about termination of parental rights.
- Creation of a special system of punishment for minors (civil courts).
- Separate projects - medical issues: family planning, sexual education of young people.
Slap law
In July 2016, the “spanking” law, which had been debated for a long time, was finally passed. This event caused a huge resonance in society. This law was being prepared at the request of the President, who in 2015 asked for support from the Supreme Court on the issue of decriminalization in criminal law. In the first reading, the law, indeed, contained clauses "saving criminal reprisals." But in the second reading, “incredible” changes took place with the law.
Article 116 suddenly took on a completely opposite meaning. It contained illogical, absurd statements. Introduced the concept of "close person". They set the punishment for the smallest too severe, and for the largest - as mitigated as possible. Crimes against family members, relatives, in-laws were stipulated.
Now, for any action that entailed physical pain (even a slap, and even more so punishment with a belt), parents are expected to be punished up to imprisonment for up to two years. In fact, anyone can "rivet" anything on your family, and the guardianship authorities will have the right to take your child.
The law caused a storm of indignation among the society. It is directly repressive in relation to social group called "parents". Mass protests swept across the country, a petition against juvenile justice was sent straight to the President of the country.
In February 2017, Vladimir Putin signed the Law on the decriminalization of family beatings. He excluded Article 116 (“On beatings against relatives and family members”). These actions will be classified as an administrative offense. According to the new law, which excluded criminal liability, a fine, arrest for up to 15 days, and correctional labor for a period of 120 hours will be imposed for an offense. All these innovations relate to the first registered case, if the beatings are repeated, then criminal liability will already come.
Advantages and disadvantages
Juvenile justice in Russia is far from perfect. Is it accepted or not by society? Most likely the answer is no! The advantages of this system are only theoretical, in practice the "juvenile" does not bring anything good. From the point of view of officials, the juvenile system can improve the intra-family situation, it will reduce juvenile delinquency and the like. If specific provisions are written in the theory - in which case they can take the child from the family, under what circumstances, then the situation may improve.
In fact, everything is far from rosy. A common example: if a child often eats fast food in a family (this is harmful), and this fact was discovered by a certain “well-wisher”, a commission may come to visit and announce to you that there is a threat to the child’s life in the family. So easily juvenile justice takes away children from their parents, relying on the letter of the law. And this is just one example. And how often it happens that a completely normal family, where parents are not alcoholics, not drug addicts, raise children, but are financially constrained and cannot afford a full refrigerator of food and a separate room for the child, are taken into account by the guardianship authorities and often lose their beloved children. Naturally, the disadvantages of juvenile justice are huge! This system is far from being perfect, and society gives a negative assessment of its work.
Rejection by the Russian public of juvenile justice
The opinion of opponents of the "juvenile": its norms are contrary to the national mentality, traditional culture and spirituality. Juvenile justice in Russia met with great indignation on the part of society, since the equalization of the rights of the child and parents leads to the destruction of the family, to disrespect for elders, to the destabilization of relations in school and society. The juvenile law was criticized by such well-known Russian personalities, as a political consultant Wasserman, actress Ekaterina Vasilyeva, journalist Mikhail Leontiev, as well as public figures Sergey Kurginyan, Maria Mamikonyan. Juvenile justice meets with great resistance from the Orthodox movement. Lawyer Larisa Pavlova notes the extremely negative results of the work carried out by juvenile justice in Russia:
- an increase in juvenile delinquency;
- violation of parental rights;
- family breakdown;
- the spread of vicious habits among young people;
- parent protests;
- an increase in cases of deprivation of parental rights;
- an increase in suicide among minors;
- cases of suicide in parents from whom juvenile justice took the child.
Also to negative consequences The work of juvenile justice includes the following factors:
- irresponsible work of the employees of juvenile structures themselves;
- too broad powers of juvenile services;
- misinterpretation of the principles of operation of the juvenile system;
- the presumption of guilt of guardians and parents;
- imperfections in juvenile legislation;
- abuse of the property of a dysfunctional family;
- rejection of juvenile projects (health passport, ombudsmen, etc.).
Foreign negative experience
Juvenile justice in the Russian Federation and abroad has not brought any positive aspects. We examined the situation in our country, but what about the situation abroad?
France
More relaxed, special justice, which is applied by the juvenile police in France in relation to young people, leads to the fact that young murderers, drug dealers, robbers are not at all afraid of responsibility, go unpunished and feel free in any illegal actions. This only leads to an increase in juvenile delinquency.
In the same France, half of the cases of deprivation of parental rights are later recognized as erroneous, although, according to the juvenile police, everything is carried out within the framework of the law.
Ukraine
According to the Ukrainian political scientist Igor Druz, in Ukraine, just like in Russia, attempts were made to create a juvenile justice system. The process was suspended by the intervention of the Orthodox community in Kiev. Deputy Dmitry Tabachnik noted that the juvenile departments that exist in other countries cause a negative public outcry. This system, on ridiculous charges, deprives parents of rights to their own children. Such a “machine” only leads to destructive actions, human tragedies and corruption in power.
juvenile blow
So, in Russia, a real juvenile law was nevertheless adopted, and it must be admitted that thanks to the public, which drafted a petition against juvenile justice, the president introduced some mitigating amendments.
Ahead of us are mass discrimination of parents, the absence of the presumption of innocence, the nationalization of children. The Russians have entered a new stage of development, where the advantages of juvenile justice are clearly absent.
In the new juvenile era, parents cannot raise their children as they see fit, they will not have the opportunity to choose their educational methods. The state will decide for them what is good and what is bad in relation to their own child.
The institution of the family will lose its educational traditions, there will be a break in emotional, family ties between generations.
Repressive control over the family cell will operate in the country, the institution of orphans will expand. The consequence of all this is the transformation of society into an automated hostile population.
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