Problems of Pre-Trial Proceedings in Juvenile Cases

In the final qualification work, a study of the peculiarities of juvenile proceedings is carried out, as well as the problems of this institute. In particular, the relevance of the problem for 2021 has been studied. The object of the study is the theoretical foundations of pre-trial proceedings, preliminary investigations and inquiries, the norms of criminal law, namely the Code of Criminal Procedure. An analysis of the norms of both Russian legislation and international legal acts was carried out. In order to study the issue, an analysis of the practice in juvenile cases has been considered and carried out. It is important to understand the problems of implementing guarantees of the rights of suspects and accused minors in the practice of pre-trial investigation and inquiry bodies. The peculiarities of juvenile proceedings were reflected in the works of legal scholars, which form the basis of work for a complete study of issues related to pre-trial proceedings. The level of children and adolescents is the leading problem of the state. Child and adolescent crime, although declining, still remains high. Adolescents and children are characterized by their inherent maximalism, unformed values, lack of life experience and therefore need special protection of their interests in criminal proceedings. Despite the fact that, according to statistics, there is a significant decline in the number of crimes committed by minor citizens in the territory of the Russian Federation, there are a number of problems in the judicial proceedings of such cases. Criminal cases against minors are complicated and have certain distinctive features. The peculiarities of criminal proceedings against minors are determined by the specific age of a particular subject of the crime and can be traced at the pre-trial and judicial stages. Russian legislation and the norms of international legal acts provide for a set of norms aimed at strengthening the protection of the interests of suspects and accused persons who have not reached the age of majority. Due to the peculiarities of their procedural status, the types of penalties applied to them are limited, as well as additional guarantees for the protection of rights granted during pre-trial proceedings. The State is called upon to protect the legitimate rights of persons under the age of majority. This is achieved by imposing a fair punishment, preferring the election of more loyal measures that do not provide for deprivation of liberty. The purpose of this work is to examine thoroughly the peculiarities of investigative actions during the preliminary investigation of minors, to identify problematic aspects of this phenomenon, to study in detail the use of preventive measures and to detain persons who commit a crime. As part of the thesis, scientific literature will be considered, including publications by legal scholars, criminal doctrine and judicial practice. When examining the generalizations of judicial practice by the Supreme Court of the Russian Federation, it will be possible to get answers to the question of how the courts apply chapter 50 of the Code of Criminal Procedure of the Russian Federation and what problems judges face when considering applications for criminal proceedings against minors.