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Features of ensuring the rights and legitimate interests of juvenile suspects/accused in criminal cases

Doleva Olga Andreevna  (Prosecutor's Office of the Ivanovo region, Assistant prosecutor, 1st class lawyer, P. Lezhnevo, Lezhnevsky district, Ivanovo Region)

This article discusses the specifics of ensuring and protecting the rights and legitimate interests of minors who are suspects/accused in criminal cases. The object of the study is the rights and legitimate interests of minor suspects/accused, the subject is the procedure for ensuring them, depending on the legal status of the minor. The literature review includes regulatory legal acts of the federal level, scientific literature, as well as materials of periodicals. The normative legal basis of the study were certain provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation. The methodological basis of the study was a systematic approach, general scientific methods (analysis, synthesis, generalization, system and structural method) and private scientific methods (comparative legal, formal logical, descriptive). Results of the study: the result of the study was the identification of the significance of the manifestation of an individual, comprehensive approach aimed at analyzing the circumstances to be proved, the use of special knowledge in the investigation of criminal cases against minors, the manifestation of special attention to the living conditions of a minor; orientation to the use of coercive measures of educational influence against a minor; the use of special research methods, conducting examinations, involving a teacher, a psychologist in the process of criminal proceedings. The author concludes that special attention to ensuring and protecting the rights and legitimate interests of minors involved in criminal proceedings is caused by the lack of a minor, due to his age and mental development, the ability to qualitatively and effectively resist criminal prosecution and the indictment, to protect their rights and legitimate interests. The current procedure for criminal proceedings against minors guarantees the protection of their rights and legitimate interests, promotes a comprehensive study of the circumstances of the commission of a crime, the identity of a minor suspect/accused.

Keywords:legal interests of minor suspects/accused; legal representative; minor suspect; minor accused; rights of minor suspects/accused.

 

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Citation link:
Doleva O. A. Features of ensuring the rights and legitimate interests of juvenile suspects/accused in criminal cases // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№09. -С. 99-103 DOI 10.37882/2223-2974.2022.09.08
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