Scientific supervisor: PhD in Philological sciences Vakhitova G.V.
Associate Professor of the Department of International and Integration Law at Ufa University of Science and Technology
Juvenile delinquency, unfortunately, remains a serious problem for modern Russian society. Despite the measures taken for prevention and resocialization, statistics show that the level of juvenile delinquency remains high, that it is changing and that new, more dangerous forms are emerging.
According to the data of the Prosecutor General’s Office of the Russian Federation, in recent years there has been a certain volatility in the statistics of juvenile crime, however, the general alarming trend remains. Of particular concern is the increase in the number of serious and especially serious crimes committed by minors, including violent acts related to extremist motives.
In this regard, there is an increasing need to improve the mechanisms for countering juvenile delinquency, including improving the effectiveness of criminal proceedings in juvenile matters, in particular, improving the evidentiary process that meets the specifics of this category of cases. The use of innovative investigative methods, advanced training of law enforcement officers specializing in juvenile cases, and the introduction of modern technologies for analyzing and evaluating evidence are becoming key tasks in combating this negative phenomenon.
In addition, it is important to take into account factors contributing to the growth of juvenile delinquency, such as social inequality, the influence of criminal subculture, insufficient work on prevention and rehabilitation, as well as the availability of prohibited substances and weapons. It is an integrated approach, including preventive measures, effective investigation and fair trial, that can ensure a real reduction in juvenile delinquency and protect the rights and legitimate interests of minors.
The special vulnerability of minors in the criminal process. Minors, due to their age, psychophysiological characteristics and social status, have an increased vulnerability in the criminal process, this is due to a number of factors.
Psychological immaturity: Minors are not always fully aware of the consequences of their actions and the importance of legal procedures. They may be more susceptible to suggestion, manipulation, and pressure from adults. This may affect the reliability of their testimony and make it difficult to establish the truth in the case.
Adult dependence: Minors are dependent on their parents, guardians, or other adults who may influence their behavior and testimony. This may create a conflict of interest and hinder the free expression of one’s position.
Lack of life experience: Lack of life experience and legal literacy makes minors more vulnerable to complex legal procedures and terms. They may have difficulty understanding their rights and responsibilities, which makes it difficult to protect their interests.
Stigmatization: Participation in criminal proceedings can negatively affect the social adaptation of a minor and lead to stigmatization by peers and society as a whole. This may make it difficult for him to further re-socialize and integrate into society.
In this regard, criminal proceedings against minors should be based on the principle of priority for the protection of the rights and legitimate interests of the child. It is necessary to provide special guarantees and procedures that take into account the age and psychological characteristics of minors, as well as create conditions for their full participation in the process and protection from negative effects.
One of the important aspects of protecting the rights of minors is to ensure high-quality evidence in cases of crimes committed by them. Evidence should be collected and verified taking into account the peculiarities of the psychology of minors, their ability to correctly perceive and reproduce information, as well as taking into account the possible impact.
Article 421 of the Code of Criminal Procedure establishes the specifics of conducting a preliminary investigation and judicial proceedings in criminal cases of crimes committed by adults. In particular, during the criminal proceedings on a crime committed by a minor, along with the circumstances to be proved in accordance with Article 73 of the Code of Criminal Procedure of the Russian Federation, it must be established: 1) the age of the minor, the date, month and year of birth, 2) the living conditions and upbringing of the minor, 3) the level of mental development and other personality traits of the minor, 4) the influence of older persons on the minor.
The need to protect the rights and legitimate interests of minors who have committed crimes The protection of the rights and legitimate interests of minors who have committed crimes is one of the priorities of the criminal policy of the Russian Federation. This is due not only to their special vulnerability, but also to the need to ensure their re-socialization and return to normal life in society.
International standards on the rights of the child, such as the UN Convention on the Rights of the Child, establish special requirements for criminal proceedings against minors aimed at ensuring their protection and rehabilitation. In particular, the Convention emphasizes the need to apply measures of influence to minors aimed at their re-socialization and reintegration into society. Ensuring fair and impartial judicial proceedings that take into account the interests of the child. Providing legal assistance and support to minors. The use of alternative measures to deprivation of liberty as a priority measure of influence.
88 of the Criminal Code of the Russian Federation, the types of punishments imposed on minors have significant limitations compared to punishments imposed on adults. In particular, arrest is not imposed on minors who have not reached the age of sixteen at the time of sentencing, and imprisonment may not be imposed on a minor convicted person who has committed a minor or moderate crime under the age of sixteen, as well as on a minor convicted person who has committed a minor crime for the first time over the age of sixteen.
In addition, the court may apply to a minor compulsory educational measure provided for in Article 90 of the Criminal Code of the Russian Federation, such as a warning, transfer to the supervision of parents or persons replacing them, or a specialized state body, the obligation to make amends for the harm caused, restriction of leisure time and the establishment of special requirements for the behavior of a minor. In order to ensure effective protection of the rights and legitimate interests of minors, it is necessary to improve criminal procedure legislation and law enforcement practice, as well as to develop a system of social support and rehabilitation for minors who have committed crimes.
The degree of scientific development of the topic of evidentiary issues in criminal proceedings, including in relation to juvenile cases, is the subject of constant attention of procedural scientists. A significant contribution to the development of this topic was made by such scientists as: M.S. Strogovich, who in his works considered general issues of the theory of evidence and the specifics of evidence in certain categories of cases, including juvenile cases. His works are classic and still retain their relevance. P.A. Lupinskaya, who investigated the problems of collecting, verifying and evaluating evidence in criminal proceedings, as well as the specifics of protecting the rights and legitimate interests of participants in criminal proceedings. I.L. Petrukhin, who considered the theoretical foundations of criminal procedure reform in Russia and the problems of ensuring competition and equality parties in criminal proceedings. V.P. Bozhev, who in his textbooks and commentaries to the Criminal Procedure Code of the Russian Federation analyzes in detail the specifics of juvenile proceedings. M.L. Shifman, who specialized in the study of problems of evidence in criminal cases of juvenile crimes and offered specific recommendations for improving law enforcement practice.
However, despite the significant number of scientific papers devoted to this topic, the problems of evidence in cases of juvenile delinquency require further study and analysis. This is due to the following factors: Changes in legislation: Criminal and criminal procedure legislation is constantly evolving and improving, which requires rethinking and adapting existing theoretical provisions to new realities. Development of law enforcement practice: Judicial and investigative practice in juvenile matters is constantly evolving and accumulating new experience that requires scientific understanding and generalization. The impact of new factors: The emergence of new social, economic and technological factors (for example, the development of information technology, the spread of drugs, the influence of criminal subculture) has an impact on juvenile delinquency and requires the development of new methods and approaches to the investigation and trial of these cases. Interdisciplinary approach:
Solving the problems of evidence in juvenile cases requires an interdisciplinary approach, including knowledge in the field of criminal procedure, criminology, psychology, pedagogy and other sciences. In this regard, the relevance of the study of the problems of evidence in cases of juvenile delinquency is beyond doubt and requires further scientific study and analysis.
The object of the study is the process of proving crimes committed by minors in criminal cases.
The subject of the research is the criminal procedural norms governing evidence in juvenile cases, the specifics of collecting, verifying and evaluating evidence, and problems arising in law enforcement practice.
During the analysis of the problems of evidence in cases of juvenile crimes, the key features and difficulties associated with the application of criminal procedure legislation and law enforcement practice were identified. The special legal status of minors, their vulnerability and age characteristics require careful observance of procedural guarantees when conducting investigative actions, collecting, verifying and evaluating evidence.
Proving juvenile cases faces problems in the following areas: conducting investigative actions (interrogation, confrontation, search, etc.) with the mandatory participation of legal representatives and specialists, using the results of operational investigative activities taking into account the legality and rights of minors, evaluating evidence obtained in violation of the requirements of criminal procedure legislation, with the exception of unacceptable evidence, appointment and conduct of forensic examinations that require highly qualified experts and special attention to the age and mental characteristics of minors.
The review of judicial practice confirms that violations of procedural norms lead to a decrease in the effectiveness of evidence, violation of the rights of minors and may lead to the cancellation of court decisions.
To improve the quality and fairness of criminal proceedings in juvenile matters, the following measures are proposed: Stricter control over the legality of investigative and operational actions involving minors, the introduction of mandatory participation of specialists (psychologists, teachers) and legal representatives in procedural actions, the development and implementation of specialized methods and standards for working with minors in the criminal process., Professional development of law enforcement officers and judicial experts in the field of juvenile cases, Improvement of the system of appointment and conduct of forensic examinations, taking into account the individual characteristics of minors, Expansion of the practice of using alternative forms of evidence and methods of psychological support for minor participants in the process.
Further scientific research can be aimed at: Developing comprehensive training programs for specialists working with minors in criminal proceedings, studying the influence of psychological factors on the reliability of evidence obtained from minors, analyzing the effectiveness of introducing new procedural norms and methods in practice, developing international cooperation and sharing experience in the field of protecting the rights of minors in criminal proceedings.
Thus, an integrated approach to solving the problems of evidence in juvenile cases will ensure respect for the rights and legitimate interests of this category of participants in the criminal process and improve the quality of justice.
References
- Criminal Procedure Code of the Russian Federation https://www.consultant.ru/document/cons_doc_LAW_34481/ (accessed: 08.03.2026)
- Solovieva E.V. Psychological aspects of the characteristics of adolescent offenders // Criminal law and procedure. - 2022. - No. 3.
- Semenov A.N. Features of criminal proceedings against minors // Legal Bulletin. - 2019. - No. 6.