Legal juvenile representative in criminal proceedings: problematic aspects

Abstract

The article examines the norms of national legislation and scientific works on the involvement of the legal representative of a minor in criminal proceedings. The main problems that remain unresolved are identified, namely the lack of legislative regulation of the procedural status of the legal representative of a minor witness and the identification of facts of conflict of interest between the minor and the legal representative and its replacement.
 Attention is drawn to the positions of the authors, who note that the CPC does not define the range of persons who may be the legal representative of the witness and does not specify the legal representative of the witness among the participants in criminal proceedings under the general provisions of the CPC. The opinion of scholars on supplementing the CCP with the article «legal representative of a witness», which defines the range of persons who can be involved as a legal representative, his rights and responsibilities. It is also advisable to refer him to the participants in the criminal proceedings. Such changes will ensure the equality and best interests of minors in criminal proceedings.
 The positions of scholars are considered and it is determined that there may be a conflict of interest between the legal representative and the minor, which is the basis for limiting his participation in the performance of certain investigative (search) actions or replacement. Such a decision is made by the investigating or investigating judge taking into account the circumstances of the case. There are no clearly defined criteria for establishing a conflict of interest.
 The child’s views on the person to be involved as a legal representative are important and may not harm the child's interests, so they should be taken into account when making decisions. It is determined that if the child does not have close persons who can be legal representatives, or if their involvement may cause a conflict of interest, it is necessary to involve the guardianship authority.