LEGAL COUNTERACTION TO JUVENILE DELINQUENCY BY MEANS OF RESTORATIVE JUSTICE: PRACTICAL ASPECTS

Abstract

The article is devoted to highlighting practical aspects of countering juvenile delinquency by means of restorative justice, including in relation to minors. The article shows the advantages of a restorative approach to the administration of Juvenile Justice. Restorative justice will help restore broken social ties by eliminating the harm caused to the injured person and reconciling the victim and the offender on this basis. One of the most common concepts of restorative justice is that any criminal offense must result in the offender’s obligation not only to compensate for the damage caused to the injured person, but also to restore relations between the parties to the conflict. In the framework of restorative justice, both personal and public interests are satisfied more fully than in the framework of punitive (inquisitorial) justice, in particular, the interests of the injured person, since the harm caused to him is eliminated; the interests of the offender, since alternative measures of influence are applied to him not punishment, but alternative measures of influence; the interests of society and society as a whole, since the conflict is resolved peacefully and the state of social ties that existed before the offense was committed is restored. The practical aspect is to satisfy the interests and needs of both the victim and the offender. The offender is encouraged to voluntarily compensate for the damage he has caused. Thus, social connections in the community are restored. Article 97 of the Criminal Code of Ukraine states: “a minor who has committed a criminal offense or a negligent minor crime for the first time may be released from criminal liability”. The Preamble of the Constitution of Ukraine states “taking care of strengthening civil harmony on the land of Ukraine and confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine, the Constitution of Ukraine was adopted”. The article shows that the criminal law of most European countries determines a greater age than in Ukraine, at which a young person enjoys special attention and support, including the possibility of exemption from criminal liability. In most European countries, this is 21 years or more. The author draws attention to the fact that restorative justice is one of the legal means in countering juvenile delinquency. According to the author’s research, the use of restorative justice in relation to minors, including adult young people, leads to the restoration of social relations between participants in a socially dangerous act, reducing psychological trauma and will prevent them from committing repeated crimes. The recovery program for minors suspected of committing a crime, which has been in effect in our country since 2019, provides reconciliation, coordination of the amount and procedure for compensation of damage by minors in criminal proceedings and thus becomes a safeguard for the commission of crimes by minors repeatedly. The article shows that according to article 48 of the Criminal Code of Ukraine, a person can be released from criminal liability in connection with a change in the situation. The legislation of Ukraine does not contain any restrictions on the application of this article in relation to minors. The participation of a minor in the rehabilitation program for minors is an argument in favor of applying such grounds for exemption from criminal liability as a change of environment. Thus, restorative justice becomes one of the legal tools for countering crime, including juvenile delinquency.