Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 298 308 Завантажень: 3, розмiр: 300.0 KB

M.M. Reznik, O.A. Stolitnii

The article considers the rights of the child in the criminal process of Ukraine, depending on the status in criminal proceedings. The rights of a minor during criminal proceedings are analyzed, which are classified into: the rights of a minor as a person, ie general rights defined in the CPC of Ukraine for all or individual participants in criminal proceedings; rights provided by the CPC of Ukraine for special categories – minors and minors.

It is noted that the general rights of participants in criminal proceedings are observed through the prism of the principles of criminal proceedings and are detailed in the norms of the CPC of Ukraine for the relevant participant in criminal proceedings.

The rights of a juvenile during criminal proceedings, which are divided and considered depending on the status in which they are involved, are studied, in particular: 1) general rights that apply to all minors during criminal proceedings; 2) the rights of individual participants, which are also divided into: a) minors, juveniles who became victims, witnesses of the offense and other participants: the victim; witness; civil plaintiff; a minor who is not a party to the criminal proceedings but the decision in the proceedings has an impact on him; b) minors, juveniles who have potentially committed a criminal offense: a detainee; suspect, accused; a minor in respect of whom the issue of application of coercive measures of an educational nature was resolved; convict.

It is emphasized that minors, juveniles who have become victims of the offense, its witnesses or other participants in criminal proceedings are persons in respect of whom criminal proceedings have a positive or neutral dynamics. In such situations, it is advisable to facilitate the implementation of procedural procedures in order to bring the perpetrator to justice, but with mandatory compliance with the requirements of the CPC of Ukraine on procedures for participation of minors, their rights, security and minimize negative impact.

The negative dynamics of criminal proceedings against minors, juveniles who have potentially committed a criminal offense, also given the purpose of bringing the perpetrator to criminal responsibility and the potential use of procedural coercion. It is noted that in this case, minors, minors need to be clearly aware of their rights and demand to ensure their proper implementation.

Key words: criminal proceedings, minors, juveniles, rights, protection.