Some problem issues in the implementation of the features of pre-trial investigation of minors

Abstract

The article is devoted to the study of the peculiarities of the procedural order of pre-trial investigation in criminal proceedings against minors. The main goal is to identify problematic aspects of the implementation of additional guarantees for the protection of the rights of adolescents and to determine some recommendations for improving the juvenile component of the criminal process.

During the study, a complex of general scientific and special methods was used: systemic and structural - to analyze the elements of the legal status of the minor suspect (accused); comparative legal - for comparison of domestic legislation with international standards; the method of logical analysis - for interpreting the norms of the Criminal Procedure Code of Ukraine.

It was established that the key procedural features are the mandatory participation of a defender and a legal representative, the involvement of a teacher or psychologist in investigative (investigative) actions, as well as an expanded range of circumstances subject to proof, in particular, the conditions of upbringing, state of health, level of development.

Gaps in the legal regulation of the psychologist's role in conducting investigative (investigative) activities have been identified; the absence of a mechanism for checking the ability of the parents or guardians to ensure the best interests of the child during the investigation; the uncertainty of the legal consequences of the remote interrogation of a minor suspect located outside of Ukraine and the procedure for verifying his voluntariness in such conditions.

It is proven that the pre-trial investigation of minors should be aimed at minimizing the repressive impact and preventing retraumatization. It is recommended to legislate the mandatory use of the "Green Room" method for all categories of crimes involving minors and tighten the requirements for the professional training of juvenile psychologists