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Mechanisms for protecting children'southward rights and the role of psychological services in the juvenile justice system of Russia confronting the background of international practices

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Abstract

Background

The written report examines children's rights as a social and legal establishment, adapting to the modern context, associated with new views on the psychology of the child and his legal personality. In addition, the study raises the question of the role of medical psychology and psychological practice in the juvenile justice system of Russia from the point of view of the foundations of legal regulation. The research outlines the problems of the implementation of the protection of children's rights in Russia and suggestions for the legislative improvement of the machinery. Through the use of the interpretative approach, the United nations Convention on the Rights of the Child is considered as a source of soft police force, requiring pluralization of practise pursuant to international rules.

Results

The comparison of the two key approaches to the Convention, the dual status of the child and the public/private dilemma, is a basis for studying electric current problems in Russia through discourses on rights of a kid. The comparison highlights the limitations and peculiarities common to both Russia and foreign states clarifying possible strategies for improving the implementation of rights of a child in unlike countries. The article examines the current legislation, which sets incentives for the evolution of the juvenile justice system. The foreign experience has been analyzed and the possibility of its implementation into the national legal organisation has been considered. It was the legal norms that the research was based on. The analytical framework of the study relies on both qualitative and quantitative methodologies. The aim of the electric current research is to analyze the degree of protection of children's rights in Russian federation, every bit well equally the system of juvenile justice. This required the assessment of the current political and cultural context, as well equally the moral attribute that affects the development of the mechanism for protecting children's rights in Russian federation.

Conclusions

The practical significance of the research carried out implies the possibility of using the results obtained in the development of legislative acts in the field of protecting the rights of children and the juvenile justice system.

Background

Protection of children'south rights remains one of the most acute challenges that modern societies are faced with. Despite numerous efforts made by the authorities and civil social club to improve the mechanism for the protection of children, strategies, directed to the issues of the teaching of children with disabilities, interventions with children in conflict with the law, and prevention children from violence and fail in families accept not been resolved (Goldson and Muncie 2015).

The land is the supreme guardian of the kid (parens patriae). Mentions of juveniles and their special treatment by the state tin exist traced through the prism of history (Cherkasov et al. 2015; Desmet et al. 2015). The word "juvenile" comes from "juvenis," which means young and delineates a certain period of a person's life (Baldry et al. 2019).

The United Nations Convention on the Rights of the Child (The Un 1989) has been ratified by all European countries and has strengthened the culture of children's rights at the European (especially Western) level. However, the results cannot be described as effective after more than xxx years since the adoption of the Convention. There are reasons both to celebrate the success of the Convention and to mourn its failure to protect the rights of all children no matter where they live (Liefaard and Sloth-Nielsen 2017). Besides that, in juvenile justice, violations of children'due south rights are ubiquitous, and information technology is assumed that over the by decade in that location has been a regression rather than stagnation (Goldson and Muncie 2015; Goldson 2019). Order wonders to what extent children'south rights tin contribute to a universal definition of the juvenile justice system (Liefaard 2015).

Most developed countries solve the problem of child criminal offence prevention and protection of children's rights with the aid of their juvenile justice system. Juvenile justice is a system of state bodies and institutions, local authorities, human rights organizations and institutions that were created to protect the rights, freedoms and interests of children and the youth, and to re-socialize children in hard living weather; it also includes judicial regime administering justice to children through social and psycho-pedagogical methods (Liefaard 2016). At the aforementioned time, in improver to traditional preventive and punitive functions, juvenile justice institutions in developed countries perform restorative, rehabilitation, pacification, and resocialization functions (Cunneen et al. 2018).

Child-friendly justice is at present a well-established concept in the European juvenile justice organization used to determine the extent to which children'southward rights are protected in judicial and other decision-making processes (Lipsey et al. 2010). The content and language of child-friendly justice are linked to the Council of Europe Child Friendly Justice Guidelines, a soft law instrument adopted by the European Committee in 2010 (Council of Europe 2010). Being based on international police, including the Convention on the Rights of the Child and the case-law of the European Court of Human Rights, the Guidelines were the first tool to comprehensively present key elements of the justice system from the children'south rights perspective (Dünkel 2015).

The concepts of juvenile justice are set out in the gimmicky models of the juvenile justice system, operating in unlike countries of the world and determining the nature of the impact on the behavior of the kid (Zimring et al. 2015). The juvenile justice organisation models are classified in accordance with the post-obit three criteria: (ane) institutional (a certain prepare (system) of bodies and institutions for children in difficult life circumstances), (2) functional (determines the tasks and content of the activeness of the specified organisation), and (iii) legal (a organization of substantive and procedural rules that enshrine the child's special legal condition) (Goldson and Hughes 2010). Juvenile justice systems are classified based on the manifestation, nature and combination of each of the aforecited criteria (Zimring et al. 2015).

The rights of the child and his special legal condition must exist implemented through the effective functioning of social and legal guarantees and the constructive operation of institutional bodies (Atkinson et al. 2017). In terms of the protection of children'southward rights and the juvenile justice system in Russian federation, in that location exists a trouble of discrepancy between the rights declared by the law and the rights implemented in fact, which is initially observed in the sphere of juvenile justice that considers juveniles as vulnerable legal subjects (Moran et al. 2011).

Compliance with the police and understanding of courtroom decisions depend on the child's cognitive maturation and psychosocial development (Tisdall and Kay 2015). In this respect, the child develops their orientation towards the law (dominion of law) and legal authorities at an early age, and early orientation shapes the behavior of both adolescents and adults (Fagan and Tyler 2005). In addition to psychosocial reasons, the pedagogical prerequisites in the juvenile justice field should as well be taken into account. Obviously, decisions made past a juvenile judge must exist supported by parents and children to enhance their educational touch (Baldry et al. 2019). Pedagogical theories and practices merits that non-pedagogical measures against children are unacceptable (Goldson 2019; Vanobbergen 2015).

A separate issue is the cistron of psychological characteristics and bug of adolescents in the juvenile justice organisation and its impact on the impunity of justice. Over the by x years, in the USA alone, amid adolescents who attended juvenile justice services, upwardly to lxx% of immature people had diagnosable mental health problems. This is consistent with other studies that bespeak an overrepresentation of young people with mental disorders, and for several years, the statistics did not decrease (Development Services Group, Inc. 2017). Herewith, the prevalence of mental disorders in children and adolescents worldwide is almost fifteen% (Bruha et al. 2018). Of course, specialized juvenile courts (judges) should course the basis of juvenile justice. However, it is obvious that, given the specifics of the cases they are considering, they can work successfully only with the assist of psychological services, didactics staff, social workers (Zimring et al. 2017).

Thus, the purpose of the study is to analyze the status and effectiveness of the mechanism for protecting children'southward rights in Russia, to conduct its comparison with the child protection laws of other states, as well as of the current organization of juvenile justice. A carve up aspect of this written report is devoted to the problems of psychological assistance and the place of medical psychology in the juvenile justice system in the Russian federation confronting the background of earth practices. At the aforementioned fourth dimension, the inquiry implies to develop the offers for improving the juvenile justice arrangement in Russian federation based on a thorough assay of earth practices in the field of children's rights protection.

Methods

The study comprehensively considers the advantages and disadvantages of the modern child empowerment movement, which has attempted to supplant paternalistic juvenile justice. For the purpose of a systematic study of the problem of protecting children's rights and juvenile justice, a focus is placed on the perspective of juvenile justice procedural rules. The enquiry relies on the method of critical analysis of four important aspects of the modern indicate of view of procedural justice in relation to juvenile justice: (i) the need to do rights (in terms of legal guarantees for their implementation); (2) the necessity to study the "double perspective" with respect to children's rights implying both juvenile justice employees and citizens (or children in conflict with the police); (3) the right of the child to effectively participate in the trial; and (4) the idea that feelings and perceptions of justice "develop" throughout life and that, as a event, historic period matters and should matter in judicial responses to crime and legal judgment. In addition, the study examines the function of medical psychology and psychological do in the juvenile justice system of Russia from the indicate of view of the foundations of legal regulation.

However, before theorizing children'due south rights, an empirical understanding of how children's rights are implemented in everyday life is of paramount importance. The research issue is not only whether children'southward rights are implemented (or not) in twenty-four hour period-to-twenty-four hour period justice practices, just above all how they bear upon or shape the juvenile justice system, and how they are treated past both children in disharmonize with the police and competent specialists, involved in resolving a conflict state of affairs. Thus, the juvenile justice system and the machinery for protecting the rights of children in Russian federation volition be reconsidered and reoriented.

The research is based on the studies past both domestic researchers and scientists from progressive European countries and the United states in the field of child criminal offence, protection of children'south rights and the child justice system. The study problem is the belittling and explanatory power of high-concept narratives and defects inherent in conceptual and theoretical reports that favor transnational/pan-European focus. Juvenile justice in Europe is differentiated at the international and national/subnational level, which requires a more thorough critical investigation and detailed interaction with a range of complexities.

Results

Normative regulation of the protection of children's rights in Russian federation and the ways to develop information technology

Having adopted and ratified the United Nations Convention on the Rights of the Child, Russia undertook an international obligation to bring domestic legislation into conformity with the Convention. The certificate ratification has dramatically changed federal laws in the field of protecting the rights and interests of children. Thus, the provision of the Declaration on the Rights of the Child, which states that due to his/her concrete and mental unripeness, a child needs special protection and care, including proper legal protection both earlier and after birth, has go ane of the major principles of the legislation of the Russian Federation on children.

In the Russian legislation, the foundations of national legislation were created in club to fulfill international obligations, and the amendments were made to better the mechanism for protecting the rights and interests of children. Thus, the post-obit acts take been passed: the Federal Police force On Basic Guarantees of the Rights of the Child in the Russia of June 24, 1998 (State Duma 1998), No. 124-FZ; the Family Code of Russia (Chapter 11 (The Rights of Minors Children) roofing the issues of children'south rights and the mechanism for their protection) (Land Duma 1995); the Federal Law On the Foundations of the System for the Prevention of Fail and Juvenile Malversation of June 24, 1999, No. 120-FZ (Land Duma 1999); the Federal Constabulary On Additional Guarantees for Social Back up for Orphans and Children Deprived of Parental Care of Dec 21, 1996, No. 159-FZ (Land Duma 1996); the Federal Law On Guardianship of April 24, 2008, No. 48-FZ (State Duma 2008). Co-ordinate to Article 38.1 of the Constitution of the Russian Federation, motherhood, babyhood, and the family unit are under the protection of the state (The Regime of the Russian Federation 1993). That is, the norms of the Russian legislation in the field of child protection represent to the provisions of the Convention and the Universal Proclamation of the Rights of the Kid. They highlight the importance and necessity of special back up for and aid to the institution of motherhood and the family, the creation of special conditions for its due functioning and the harmonious upgrowth of each child taking into account his or her physiological characteristics.

Thus, the following rights have been formalized: the child's right to alive and to be raised in a family; the right to be protected; correct to liberty of expression; the right to health; the right to education; the right to housing; the right to a standard of living adequate for physical, mental, spiritual, moral, and social development. The country has recognized childhood as the most important stage in the life of every person; information technology is guided by the principles of the priority of preparing a child for adult life in lodge, developing socially pregnant and creative activity in him or her, also as fostering estimable moral qualities, the sense of patriotism and citizenship.

However, the proclamation and legislative consolidation of children'southward rights exercise not ever stand for to what is being implemented. In addition, current Russian legislation hinders the sequential implementation of international regulations. The to a higher place is reflected in such aspects as lack of rules related to the reintegration of children into families, fragmented public control, and absence of due legal back up for parents. The analysis of the actual legal regulations testifies to the continuity betwixt the late Soviet practice and the mod approaches of the authorities relatively opposing the interests of both children and parents.

The Family unit Code of the Russian Federation stipulates an administrative ground for taking a child away from parents (Article 77). The measure out began to be implemented in the second half of the 2000s: the share of taken-abroad children increased, likewise as the number of parents whose parental rights were terminated (Bystrova and Tcherni 2015; Dutkiewicz et al. 2009).

Despite the legal order that restricts parental rights, the courts support the position of authorities, and parents lack procedures ensuring a fair trial: at that place is no balance between practiced opinions and consistent legal support for parents. The conclusion regarding the subsequent placement of the kid is made by the medical psychological and pedagogical commission that deals with children with disabilities, the Commission on Minors' Affairs and Protection of the Rights of Minors in Conflict with the Constabulary, and local guardianship authorities dealing with abused and neglected children. Such an approach significantly limits the options for transparent procedures; in particular, this refers to children whose interests may simply be represented by their legal representatives since the administrative government are more concerned in "troubled children" taking abroad.

Since the late 2000s, the behavior of parents and children has been criminalized in connectedness with the introduction of new norms. Thus, there were introduced juvenile curfew laws and parental liability in instance of violation and in that location were strengthened criminal measures against parents convicted of inhuman handling of children and responses to sexual offenses against minors. Several trials over "reckless and unsafe" parents have generated widespread public outcry. Several court cases against "irresponsible and dangerous" parents have generated widespread public outcry and influenced the discourse on privacy and its boundaries (Bystrova and Tcherni 2015).

Liberalization in the field of protecting the rights of the child and expanding the boundaries of child behavior in Russia is faced with a move confronting juvenile justice. Advocates of the campaign against juvenile justice make their arguments based on the two intertwined suppositions: "the child has to exist permanently controlled" and "just parent entitled with the right to command the child." They believe that a child who is enlightened of their rights will corruption them and perceive any remark from adults every bit infringement of personal rights (Ivanov 2008; Moran et al. 2011). Despite opposed views, both proponents and opponents of child liberalization agree on a simplified approach to international law: either ignoring the resolution the conflict between core values necessity or refusing of its employ due to equivocal and generalized criteria (Goldson 2019) The absence of a reflexive approach to international regulations matches with a relatively new trend in the children's protection—the development of measures designated to monitor the public sphere, which poses a danger to the younger generation.

The Law on the Protection of Children from Information Harmful to Their Health and Evolution (State Duma 2010) introduced censorship aimed at limiting minors' access to the media in society to uphold the keeping of traditional values. For instance, the governmental intentions are directed to protect children from information that denies traditional family unit values, in particular data related to non-traditional sexual relationships.

A moral and legal arroyo to the Convention on the Rights of the Child requires that the desired institutional change exist linked to the advisable ideological foundations. For case, a reduction in the number of children in residential institutions implies that governmental bodies take the dual status of a child and consequence appropriate policy and practices to achieve a balance between "to be a kid" and "to go a child." Russia is still implementing child protection reform, implying placing children from governmental institutions in foster families, contrary to returning them to biological parents. Information technology should be emphasized the authoritative nature of decision-making related to the protection of children from irresponsible parents. Besides that, there are no transparent procedures in the procedure, and the application of international standards is reduced to formal discussions. The actual family crisis intervention organization hinders the introduction of sustainable and flexible approaches, including those related to the provision of assistance to children and the regulation of parental rights. Combined with opaque controlling, weaknesses in the responsibility of government to intervene in a timely manner hinder the development of alternatives to the existing system.

The organization of juvenile justice in Russia among up-to-date models

On a global scale, in that location are certain systems of juvenile justice that successfully operate; these have common features and are grouped into four models: Anglo-American, Continental, Scandinavian, and Asian.

  1. ane.

    The Anglo-American model is focused primarily on the Anglo-Saxon legal organization. In some American states, the juvenile court system is separate, while in others, it closely and systematically interacts with diverse human services or probation agencies. In some parts of the Us, the application of the juvenile justice organisation tin exist traced at the state police level, which means that the case does non go to courtroom. Law enforcers have bully discretionary powers when dealing with minors (Godfrey et al. 2017; Goldson and Muncie 2015). In England and Wales, the age of criminal responsibility is 10 years old. But there are other interventions that can be practical to children of this age who break the police force (Cunneen et al. 2018).

  2. 2.

    The continental model relies mainly on the application of educational and pedagogical measures to child offenders, and unless they are effective, the state applies criminal sanctions (Gorgen et al. 2013). The German juvenile justice system is a bright example of the organization. The French juvenile justice system, which too belongs to the continental model, deals with both juvenile delinquents and children at chance. The child protection arrangement in this country is based on two bodies. The authoritative authority is represented by various departments and services; it prefers preventive measures and works closely with the child's family environment. The criminal authority takes action against the offender. These relationships develop with the active participation of juvenile courts and prosecutors, as well as lawyers specializing in juvenile cases (Fergusson 2016).

The Scandinavian model of juvenile justice is characterized by the absenteeism of peculiarly created juvenile courts. Instead, their powers are entrusted to social services, which are actively involved in the investigation of misconduct committed by minors themselves and kid-related misconduct. In Sweden, the police and social services closely interact with each other, and there is a specially created youth department at each police station. Each local court is obliged to have a judge who specializes in juvenile justice issues. Also that, in the prosecutor's role, in that location should be prosecutors specializing in juvenile problems. Proceeding from the severity of the offense, the juvenile could be sent to a social rehabilitation center that could be considered equally adequate alternative to jail. Thereby, upwardly to the historic period of xviii, a person cannot be sent to places of detention, but tin can only be placed in a airtight educational establishment (Lappi-Seppälä 2016).

Some other relatively divide model of juvenile justice is the Asian one. Equally in Western jurisdictions, child-related legislation is focused primarily on the rehabilitation of the offender and their re-socialization; it does not aim to punish the offender (Huck et al. 2012). The Japanese club is characterized by the struggle for the hereafter of the youth and the phenomenon of "groupism" (social orientation, personal devotion of the collective). In the country, there are family courts, which address cases relating the protection of the rights of children, equally well as the offenses committed by them (Zimring et al. 2015). In the event of a tort, the kid is treated past the police force enforcement agencies (the police, prosecutors), who closely cooperate with parents, social services, psychologists, and probation authorities. Each of them studies the personality of the child and the conditions of his or her social surround. All information collected are given to the approximate, who in turn decides whether to keep with the trial or close the case (Baldry et al. 2019).

It should be recognized that the national systems of juvenile justice of the postal service-Soviet countries (except those of the Baltic countries) can exist combined in a separate independent model—the transitional model. In plow, the model contains two subgroups: (a) transit administrative (Russia, Belarus, Azerbaijan, Tajikistan)—the specialization of courts or juvenile judges is not legally defined (there may be airplane pilot projects to introduce juvenile courts in certain regions); at that place are quasi-judicial (administrative) bodies; (b) transit judicial axial (Kazakhstan, Georgia, Kyrgyz republic)—the specialization of courts or judges, prosecutors, investigators in the consideration of cases of minors is defined.

The independence of Russia has brought a number of changes, including to the system of the children's rights protection. Withal, a separate juvenile justice system was never created. The new Criminal and Criminal Process Codes were adopted in 1996 and 2001. Russia has adopted several international agreements on minors, including the Convention on the Rights of the Kid. In 2003, the Supreme Court of the Russia issued a Resolution on the Application of Generally Recognized International Standards and Norms past Judges of General Jurisdiction confirming that in the event of a legal conflict betwixt international treaties and Russian legislation, the priority should be given to international norms.

The give-and-take of juvenile correctional facilities in Russia has started (McAuley and MacDonald 2007). The explanation for the leniency among Russians is probably their thought of what awaits minors in correctional colonies. The negative factors associated with the placement of minors in penal colonies are a high gamble of contracting such serious diseases as tuberculosis or AIDS, a high chance of relapse after release, and a high probability of condign prisoners (Ivanov 2008).

Several Russian regions take succeeded in the local reform of the juvenile justice arrangement (Dutkiewicz et al. 2009). The Rostov region and the Perm Territory have shown not bad results (Hakvaag 2009). Main reforms imply, in particular, the specialization of juvenile judges and the creation of juvenile courts, the participation of social workers in courts, and the coordination of approaches betwixt the various agencies and actors involved in assisting minors at chance.

In the Perm Territory, a juvenile justice reform aimed at administering restorative justice began in 2002. The reform involved the cosmos of arbitration programs, including specialized juvenile judges, social workers, mediators, and psychologists.

Thus, the priority has to exist directed to social programs designated for juvenile delinquency prevention, also as the provision of opportunities to those who are prone to commit offense. It is of utmost importance to back up both the police and numerous social programs aimed at loftier-take a chance youth. Schoolhouse staff, social services, non-profit organizations, and order are required to brand a bully deal of endeavor. Information technology is through exerting all powers that the integrity of the juvenile justice organization can be maintained while providing appropriate alternatives to minors who cannot or volition not obtain assistance. One problem tends to aggravate the severity of another, which makes it difficult to uncover the rehabilitation process. As tin be seen from the diagram below, various aspects of work with minors should be put into consequence every bit part of the juvenile justice organization (Fig. 1).

Fig. 1
figure 1

Elements of the juvenile justice system

Full size paradigm

Juvenile justice must take the idea of fairness into business relationship throughout the controlling process. Herewith, considering the development perspective, the Convention on the Rights of the Kid finds grounds to protect the juvenile justice system. This right to a kid justice organisation is based on the right of children to be treated with equity and respect for their needs. A child justice arrangement tin can and should exist based on historic period and the fact that treating children as adults would discriminate against them. After all, children practice not possess the ambiguous developmental skills and life experiences that adults have and, equally a consequence, have great difficulty coping with the inevitably harsh repressive system.

Treating children every bit adults can be protected from a purely forensic-philosophical point of view (the principle of equality) (Kormych 2020). Withal, from the perspective of procedural justice regardless of the age of the accused, junior defendants are discriminated against and their sense of justice is diminished. Therefore, whereas juvenile justice aims to encourage children to exercise their rights like adults and test a system in which they are treated with dignity and respect, judicial processes should be adapted and the age of the accused should be considered.

Placement of deviant minors in vocational rehabilitation centers is one of the ways of timely correction of deviant behavior. Minors in conflict with the police force are sent to the to a higher place institutions by court conclusion. Today, it is one of the well-nigh constructive alternatives to imprisonment to re-educate a minor. The institutions prioritize not simply education, only also socially necessary labor as a method of re-instruction. These are custodial institutions, which do non allow a minor to communicate with their former environment and have a positive effect on their rehabilitation. Therefore, these institutions are one of the most effective alternatives aimed at the re-education of a delinquent minor, and they make information technology possible to avoid imprisonment. Thus, Russia should concentrate on the living conditions in educational institutions and the level of educational activity in them. Many European states that have libraries, computer labs, and distance learning in prisons tin can get a good example. Thus, the level of social maladjustment, which is an extremely of import factor in the further resocialization of a minor and their non-return to the criminal mode of life, tin can be reduced.

The juvenile justice system in Russia must address and reconcile the challenges that have arisen and will continue to ascend due to changing conditions, including, simply not express to, completely reformulated social security systems, an unfavorable social and economic environs, and an increasingly diverse and heterogeneous child and youth population.

Psychological aspects of juvenile criminal justice in Russia from the perspective of medical and forensic psychology

The activeness of a psychologist in the juvenile justice organization takes place within the framework of a particular model of juvenile justice. Information technology should be noted that in earth practice in that location are 2 main variants of such models. 1 of them is aimed at social back up of the boyish, providing him with optimal rehabilitation opportunities to recoup for developmental deficiencies in the past (Dozortseva 2010). This approach is partly provided for in the Juvenile Justice and Malversation Prevention Human action of 1974. At the same time, American practice, both normatively and organizationally, links juvenile justice with the prevention of delinquency amid children and immature people (Smoot 2019). In another version, taking into business relationship age characteristics and respecting the rights of a minor, greater emphasis is placed on his responsibility for the committed unlawful acts. The elements of juvenile justice introduced in the Russia, which are not based on a single legislation in this surface area, are nonetheless quite heterogeneous and are implemented within the framework of the traditionally existing mutual criminal process and the judicial system focused on determining guilt, responsibleness, and penalization for a crime (Dozortseva 2010; Koocher and Kinscherff 2016). If, in the context under consideration, we confine ourselves to the problems of the criminal process, and then in the sphere of the professional person attention of the psychologist, get-go of all, the juvenile offender turns out to be. Psychologically, the rehabilitation of a teenager who has committed illegal acts and the prevention of repeated tort means working with a person as a regulator of social behavior. The psychologist should direct his efforts towards the disclosure and development of the salubrious personal potential of a teenager, towards the formation and full performance of the basic mechanisms of his personality—freedom and responsibility. (Dozortseva 2010).

Numerous studies confirm that a significant proportion of young people in the juvenile justice system endure from a diagnosable mental disorder. Enquiry has shown that, for case, in the United states, about two thirds of young people in prisons or prisons have at to the lowest degree 1 diagnosable mental health problem. Among other young people in the country, this figure ranges from 9 to 22% (Development Services Grouping, Inc. 2017). Co-ordinate to available information in Russian federation, amid adolescent offenders, the number of persons with mental disorders, including age-related mental development disorders, is at least 50% of cases (Barylnik et al. 2016).

Western juvenile justice systems use a variety of tools to identify mental health needs, although near can be divided into two categories: screening and assessment. The purpose of screening is to identify young people who may need an firsthand response to their mental health needs and to identify those who are more than probable to need special attention (Vincent et al. 2008). The purpose of the assessment is to collect a more than consummate and individual profile of youth. The assessment is carried out on a selective basis with those young people with higher needs who are oft identified through screening. Mental wellness assessments typically involve specialized clinicians and are normally more than fourth dimension consuming than screening tools (Development Services Group, Inc. 2017; Vincent et al. 2008).

It should be noted that in Russian federation, in that location are no such tools serving as a theoretical and methodological basis for measures to prevent law-breaking among young people, but their elements are partially included in general criminological measures for preventing crime. Herewith, in the kickoff case, it comes well-nigh the psychological component of prevention and, in the second, to a greater extent about the socio-pedagogical 1.

Risk factors for the emergence of criminal activeness among teenagers include alcoholism, antisocial personality deformation and criminality of relatives, psychopathic traits in parents in the grade of mental rigidity with increased affective excitability, isolation, low cocky-esteem, decreased stress tolerance, and personality traits. It is besides worth considering that the trouble of child crime is closely related to the problem of homelessness and is direct dependent on a whole group of factors, such equally the length of the menstruation of neglect, the severity of mental disorders, the presence of organic symptoms (of varying severity), personality structure, and the age of the child (Barylnik et al. 2016).

In this regard, each time when because materials on the placement of minors in a juvenile detention center, the question arises of providing psychological aid to a kid. Moreover, prevention authorities often appeal to the courtroom with a petition to place a teenager in a juvenile detention centre, in fact, explaining this by the fact that at the local level, proper psychological assistance to the child cannot be provided. The subjects of prevention directly refer to the fact that the psychological portrait of the child and the recommendations of a professional psychologist volition help them in their further work with a minor. All this suggests that the initial component in the formation of an effective juvenile justice system should be professional psychological assistance to the family unit and the child, whose task volition be to determine the causes and atmospheric condition of deviant behavior of the minor and the direction of farther work of the subjects of prevention. All the same, at this stage in Russia, there is no such vision of the situation fifty-fifty at the legislative level. Already according to Art. iv of the Federal Law "On the Foundations of the System for Prevention of Neglect and Juvenile Delinquency," any centers or services for psychological support of families and minors are not included in the prevention arrangement. Educational institutions classified by law as subjects of prevention, on the basis of Part 2 of Art. 14 of the same law provide "social and psychological" aid to minors, which already from the name indicates the unprofessional nature of such activities (Denisova 2018).

Also, the Police provides for the creation and development, on the basis of a network of arbitration services, of an institute of social and psychological help to a small-scale in realizing and ameliorating guilt earlier a victim is provided for by the Federal Law On the Basics of a Organization for the Prevention of Neglect and Juvenile Delinquency (State Duma 2020). All the same, the Law does not specify what is meant past a "network of mediation services" and how such a network should exist organized.

Word

Since the collapse of the USSR, Russian federation has witnessed a dissimilar range of bodies existence involved in child protection (Kelly 2007). While the active growth of the nongovernmental sector became a decisive factor in the European kid protection system, in Russian federation, child protection was centralized and state authorities were required to perform a number of varoius functions (Shmidt 2012). Yet, the multiplicity of actors cannot specify kid protection criteria and procedures to meet the main principles of international regulations (Liefaard and Sloth-Nielsen 2017). The actors themselves do not implement a plenty of approaches that recognize children's rights every bit a multifunctional construct related to dissimilar concepts of a "child" and the rights and obligations of parents and the land (Fergusson 2016).

In the legal sphere, in that location are a lot of discussions about the negatives of juvenile justice and its implementation in Russia (Bernuz Beneitez and Dumortier 2018; Scott et al. 2016; Watkins 2018). The major negative is the ultimate state control over the institution of the family. In other words, juvenile justice workers can remove the kid from the family when the parents are defendant of abuse, disability to provide proper nutrition and toys, not going to infant-feeding centers, inadequate fiscal condition, and the like (Hakvaag 2009; Ivanov 2008). Thus, society is frightened by the fact that families "will be deprived of children" equally most families in Russia live below the poverty line. At the same fourth dimension, people are too frightened by the fact that children will be able to telephone call the juvenile service, study about parental abuse, or mutter about other violations of their rights (Bystrova and Tcherni 2015; Desmet et al. 2015). Society is also worried that children volition be able to manipulate their parents and use these opportunities unreasonably and promiscuously. Merely in reality, these fears are exaggerated and tin can be refuted. Juvenile justice objective implies protection of the violated rights of a person nether 18.

The state monitoring of the family is defined as ensuring the bones rights of a child. That is, when juvenile justice workers record abuse, they will take action. Termination of parental rights or existent government intervention in the establishment of the family must be applied in exceptional cases and with an objective assessment of the situation in each family (Goldson and Muncie 2015). Non-observance of the rights of the child by their parents (chirapsia, unfavorable living conditions, alcohol or drug habit of parents, antisocial behavior towards a minor) results in the termination of parental rights and placement of the minor in specialized institutions. Sometimes, such deportment on the part of the state save children in difficult life circumstances and provide the pocket-sized with an opportunity to further develop and be treated with nobility (Bernuz Beneitez and Dumortier 2018).

In Russian federation, nether the electric current weather condition, the juvenile justice system relies on the subjective opinions of representatives of its bodies; therefore, in a significant number of cases, the courts do not satisfy requests for placement in a juvenile detention center. In the absence of a professional psychological cess in the court session, when considering such materials, the judge also relies on his personal opinion, for the formation of which the judge needs not just to receive detailed explanations from the representatives of the prevention system, parents, but too to discover contact with the minor. To do this, information technology is oftentimes necessary to discuss the so-called mutual topics with the adolescent, to win over the minor to himself, to evoke emotional trust, etc. Notwithstanding, such techniques and methods do not fit into the existing procedural framework. Proceeding from this, information technology is permissible to assume that a trial involving minors should not be excessively regulated, and it is inappropriate to continue an audio recording or other fixation of such a process. Clear regulation, keeping records will not allow the approximate to institute personal contact with the minor, to delve into the very essence of his problems, which tin significantly touch the correctness of the court decision (Denisova 2018).

Meanwhile, western experience shows that a specialized juvenile justice organization makes it possible to take into account the age characteristics of children and adolescents when considering a case and making a court conclusion. With this arroyo, the emphasis is on the predictive assessment of the further development of the adolescent. Based on it, social and psychological measures (preventive, corrective, rehabilitation, etc.) are planned and organized, aimed at the farther successful development of a modest, which, in turn, helps to reduce the level of juvenile delinquency (Oshevsky et al. 2012).

With regard to child admission to adapted (kid-friendly) procedures in Europe, research shows that at that place are specialized juvenile courts in 20 European union jurisdictions. Some of these specialized juvenile courts consist of courtrooms that are physically separate from adult courts while others are conventional courts that are tailored to the needs of children, including the involvement of specialized judges (de Graaf et al. 2017; Mascherini et al. 2014). However, at that place are gaps in the competence or jurisdiction of the specialized courts, suggesting less than universal acceptance of the juvenile court model (Kennan and Kilkelly 2015). This is appropriate given that the Guidelines do not crave the creation of a specialized juvenile courtroom to bargain with young offenders limiting provision to the recommendation that the member states should farther develop the concept of specialized courts (de Graaf et al. 2017; Lappi-Seppälä 2016) It was also found that a small-scale number of Fellow member States have introduced specialization amid prosecutors and lawyers dealing with children and young people involved in criminal proceedings, including the provision of training on children's rights and needs (Kennan and Kilkelly 2015). Third-party access to criminal proceedings against children is restricted in all states where this information is recorded, and nigh Member States automatically delete these records afterward a certain period of time, although the flow may depend on the blazon of law-breaking, the conviction and/or whether the child has been re-convicted (Kennan and Kilkelly 2015).

Nigh European studies highlight an of import concept of fair justice that encompasses children's rights in the juvenile justice organisation (de Graaf et al. 2017; Guio et al. 2017). Herewith, the focus on the procedural rights of children and youth is an of import reminder that fair trial and proper legal procedure issues are vital issues have made the Guidelines attractive outside Europe (Dünkel 2015).

In general, a written report by the European Committee clarified the extent to which fundamental elements of child-friendly justice are embedded in the laws and policies of the EU Fellow member States (Atkinson et al. 2017; European Committee 2014). Sure practiced practice is axiomatic in all areas, although there are great differences between and within Member States. The study emphasizes that while children's rights are beingness increasingly introduced, in reality, children and young people have few unconditional rights as subjects of the criminal/juvenile justice process (European Commission 2014; Godfrey et al. 2017). Perhaps almost chiefly, research shows that information technology is the most vulnerable children who face detail barriers to accessing kid-friendly justice, and this, combined with the adoption of justice approaches, remains a major challenge to exist addressed in the hereafter (Goldson 2019).

The framework for the development of juvenile justice created over the by decade past the US Supreme Court may prove very inspiring for farther research on this issue in Europe and Russia, although the empirical ground of the framework definitely needs further reflection. However, there are three central points that substantiate the reasons for the application of unlike criminal sanctions to children and that form the basis for juvenile justice development: (1) children are less guilty than adults, (2) they have more potential for change, and (three) they are less able to manage the justice procedure (Scott et al. 2016).

As for the general principles of juvenile justice in developed countries, these are commonly determined by the minimum historic period of criminal responsibility that exists in any country (Baldry et al. 2019). There is a like difference in the point of go out from juvenile justice systems, that is, the stage at which immature people are exposed to adult justice (Kennan and Kilkelly 2015). This is usually activated at the age of bulk, which is xviii in near countries (Godfrey et al. 2017). Traditionally, this corresponds to the stage when young people are perceived as having more than independence as they move into machismo. It is of import to recognize that school-to-work transitions are closely linked to other steps in young people's journey to machismo, such as leaving the parental domicile, finding a partner, and having children (Goldson 2019; Mascherini et al. 2014).

Ultimately, juvenile justice systems include dynamic and hybrid forms that are both fourth dimension- and infinite-dependent and subject field to widely differing ideological imperatives, political calculations, cultural priorities, judicial concepts, and operational strategies (Matthews and Minton 2018). There is no doubt that any endeavor to map time to come development must take into account changes in juvenile justice in Russian federation.

Conclusions

All rights work for the do good of human dignity and equality. However, in that location are numerous signals indicating that the social and economic rights of children, including those in disharmonize with the law, are rather problematic in the bulk of juvenile justice systems. Afterward, there exists a need for scientific research on children's rights and their participation in justice in order to clarify the link between procedural fairness (unfairness) and social justice (or injustice) in relation to children and minors.

Speaking almost the formation of juvenile justice in Russia as a social and legal institution that gives priority to the correction and rehabilitation of juvenile offenders before penalty, it should be noted the growing role of medical psychology and professional person psychological assistance in this process. However, if in the context under consideration the psychologist has to confine himself to the problems of the criminal process, then in the sphere of his professional attention, kickoff of all, the juvenile offender is found, which, in turn, can neutralize the efforts aimed at correction. Rehabilitation of a pocket-size who has committed unlawful acts and the prevention of repeated tort in psychological terms means working with a person. Notwithstanding, at this stage, for many countries, including Russia, it is non possible to overcome the bulwark of "punitive" approaches and switch to a rehabilitation one.

At the same time, by itself, legislative consolidation of the procedure and conditions for the provision of professional person psychological assistance is not enough. It is of import to ensure the general availability of such assistance, to create a network of centers or institutions with professional person workers, bringing these institutions every bit close as possible to the population. Such a psychologist will be able non simply to provide important help to the family and the child in the early stages of "problematic," but too to help the judge.

In order to develop fair justice, Russia should get beyond the narrow legal concept of justice and switch to the one that can combat injustice of any kind, whether of a criminal or social nature. This is specially relevant in the context of immature people that are affected by unjust policies. It is a social justice approach that can signal the way frontwards.

Given recent events, it is unlikely that juvenile justice reforms in Russian federation will be implemented shortly. At the same fourth dimension, declining crime rates and a prolonged demographic crisis, which has driven the incarceration rate down to its everyman level in recent Russian history, propose that juvenile incarceration will continue to autumn.

In that location is a general trend in the importance of introducing restorative justice mechanisms in all models of juvenile justice, including arbitration, cooperation with the club to ensure a fair trial of minors, and involvement of social services and probation government in the arrangement of a comprehensive solution to the problems of juvenile delinquency and the protection of the rights of the child.

The research of practices and experience in the field of children'southward rights in juvenile justice should make up one's mind the structure of research on mechanisms for the protection of children's rights to exist conducted in the nearest time to come. Ultimately, it volition expand noesis almost why children obey the law, how to make them obey the law, and why adults should take children and their rights seriously.

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Orsayeva, R., Vasyaev, A. & Shestak, V. Mechanisms for protecting children's rights and the office of psychological services in the juvenile justice system of Russia confronting the background of international practices. Arab republic of egypt J Forensic Sci 12, thirteen (2022). https://doi.org/ten.1186/s41935-021-00242-six

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Keywords

  • Children's rights protection
  • Juvenile courts
  • Juvenile justice
  • Model of juvenile justice
  • Psychological help
  • Restorative justice

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