ВОЗНИКНОВЕНИЕ И РАЗВИТИЕ ИНСТИТУТА ОТВЕДЕНИЯ НЕСОВЕРШЕННОЛЕТНИХ ОТ СИСТЕМЫ ПРАВОСУДИЯ

Abstract

The institution of diversion of juveniles from the criminal justice system is reflected in various international legal documents on the protection of child rights. This is a very significant and at the same time, according to critics, a rather controversial international standard. Thanks to the ongoing disputes between supporters and opponents of the institute and the constant work on mistakes, it has been developed in many countries. In order to get a full and objective idea of it, the article examines the reasons for its occurrence, stages of formation, prospects for the development of theory and practice. It is very important that at the time and throughout its existence, diversion measures faced strong resistance, but as a result, supporters of measures to divert from the formal justice system only grew in time and their positions were strengthened in science and practice. Research and years of meta-analyzes prove that they are more effective than formal criminal justice procedures. Research and years of meta-analyzes prove that they are more effective than formal criminal justice procedures. At the same time, it must be recognized that the results of these studies also show that diversion measures are not a panacea in themselves, but many times more effective than the official and formal process of criminal investigation and prosecution. In this regard, the article provides a review of foreign literature and the national law enforcement experience of the countries of the United States, England, Germany, and Japan. Its purpose is to obtain as much evidence of good practice as possible to ensure the best interests of a child in criminal proceedings, as well as to assess and avoid the risks of the negative experience of countries in implementating international legal instruments. In addition, it provides an overview of concepts and research findings on the diversion of juveniles from the criminal justice system, which also creates the basis for a smooth and competent implementation of these measures based on evidence-based findings.