BASIC PRINCIPLES AND GENERAL CONDITIONS OF PROCEEDINGS IN CRIMINAL CASES ON CRIMES COMMITTED BY MINORS AND AGAINST MINORS

Abstract

Taking into account the amendment to the Constitution of the Russian Federation of 2020 on the priority of childhood (part 4 of article 67.1), the article formulates proposals to introduce into the Code of Criminal Procedure of the Russian Federation provisions on the basic principles and general conditions of proceedings in criminal cases of crimes committed by minors and against minors. To develop this novelty of the law, we propose to expand the possibilities of providing qualified legal assistance to minor victims - to provide such an opportunity for all minors under the age of 18 who became victims of serious and especially serious crimes, as well as for all minors under the age of 16, who became victims as a result of committing crimes of any gravity; the presence of such a right to a minor and his legal representative must be explained by the investigator, the head of the investigative body, the prosecutor, the court. Only such an approach will help ensure the real priority of the rights of juvenile victims in criminal proceedings.