- Journal Issues
- № 2 2018 Actual problems of criminal justice
- Problems of criminal procedure
- Specialization of Judges in Conducting Criminal Proceedings Against Minors
Specialization of Judges in Conducting Criminal Proceedings Against Minors
Review
The introduction of the specialization of judges in conducting criminal proceedings against minors is one of the main guarantees of the qualitative and professional resolution of court cases of this category. At the same time, the introduction of specialization of judges is characterized by a rather restrictive approach of the legislator, since today the specialization of courts, that is, the construction and structure of the judicial system, is more important.
The purpose of the article is to find out the essence of the specialization of judges in conducting criminal proceedings against minors and the possibility of its introduction in criminal proceedings in which juveniles are victims.
Based on the analysis of international standards for the administration of juvenile justice, national legislation and judicial practice, it is understandable that minors who are granted special status in accordance with the provisions of the CPC of Ukraine are protected only if they participate in the proceedings as suspect or accused, which is confirmed by the legislatively introduced specialization of judges for conducting criminal proceedings against minors. In cases where the juvenile is a victim, criminal case is considered in the general order. That is, a minor victim, though recognized by the legislator as a special subject and granted additional rights (special interrogation procedure, institute of representation, etc.), however, at the stage of the trial, there is no proper procedure for ensuring of his rights and interests.
Therefore, we propose to broaden the content of the specialization of judges in criminal proceedings against minors, including criminal proceedings involving minor victims, which in turn will contribute to the achievement of high-quality justice results and will increase the public's confidence in the judiciary.
Key words: justice, trial, court, judge, specialization of judges, minors in criminal proceedings.