Vestnik of Northern (Arctic) Federal University.
Series "Humanitarian and Social Sciences"
ISSN 2227-6564 e-ISSN 2687-1505 DOI:10.37482/2687-1505

/ russian

Вход

Legal and postal addresses of the publisher: office 1336, 17 Naberezhnaya Severnoy Dviny, Arkhangelsk, 163002, Russian Federation, Northern (Arctic) Federal University named after M.V. Lomonosov

Phone: (818-2) 21-61-21, ext. 18-20
E-mail: vestnik_gum @narfu.ru
https://vestnikgum.ru /en/

ABOUT JOURNAL

Guaranteed Rights of a Juvenile Delinquent’s Legal Representative During Criminal Case Initiation. P. 125–129

Section: State Management and Law. Economics

Download (pdf, 2.2MB )

UDC

343.121

Authors

Mashinskaya Natalya Viktorovna
Institute of Law, Northern (Arctic) Federal University named after M.V. Lomonosov (Arkhangelsk, Russia)

Abstract

Having analyzed the current criminal procedure legislation, the author found a number of problems concerning legal representatives of minors being under pre-investigation. Bearing in mind the amendments to the Criminal Procedure Code of the Russian Federation, made by the Federal Law no. 23-FZ of 4 March 2013, special attention should be paid to the lack of legal rules for a minor’s representative to take part in the proceedings. These amendments allow the investigator and the inquirer already at the initial stage of the criminal proceedings to conduct investigations involving limitation of the teenager’s constitutional rights and freedoms. Given that this situation fails to ensure the right of a minor to double representation in a criminal case, the author suggests that the Code of Criminal Procedure should include the rule allowing the minor’s legal representative to get involved already at the stage of case initiation and proposes a version of this rule. In addition, the author analyzed some expert opinions on allowing one of the parents to participate in the process of criminal case initiation as a legal representative. In particular, considering the objectives, importance to meet the deadlines and some aspects of legal proceedings at this stage, it seems necessary to give both parents an opportunity to take part in it. In conclusion, the author reflects on the procedure for making this decision depending on how well the legal representative performs his/her parental duties.

Keywords

minor’s legal representative, parent as a legal representative, juvenile, guaranteed rights of legal representative, criminal case initiation

References

Lando A.S. Predstaviteli nesovershennoletnikh obvinyaemykh v sovetskom ugolovnom protsesse [Representatives of Juvenile Defendants in the Soviet Criminal Procedure]. Saratov, 1977. 133 p.
Martynchik E.G. Sub”ektivnye prava obvinyaemogo i ikh protsessual’nye garantii [Legal Rights of the Accused and the Due Process of Law]. Sovetskoe gosudarstvo i pravo, 1976, no. 7, pp. 92–93.
Mikhal’chuk Yu.P. Dopros nesovershennoletnego obvinyaemogo na predvaritel’nom sledstvii: dis. … kand. yurid. nauk [Interrogation of Juvenile Defendants During the Preliminary Investigation: Cand. Jurid. Sci. Diss.]. Krasnodar, 2005. 158 p.