pp. 2800-2813 | Article Number: iejme.2016.231
Published Online: September 06, 2016
Article Views: 289 | Article Download: 331
The relevance of this topic due to the need for further theoretical development and practical implementation of the methods of mediation and restorative approach as the most important means of educational-pedagogical interventions in preventive work with minors in conflict with the law, particularly in the field of criminal justice. The purpose of this article is to identify relevant issues using a restorative approach and mediation in the prevention of crime and unlawful behavior of minors in conflict with the law (especially in criminal proceedings), to develop scientifically based suggestions for their solution. Leading method to the study of this problem is a comparative legal analysis, which allows to study Russian and foreign experience of application of restorative approach and mediation in the prevention of crime and offending behaviour among minors in conflict with the law; to identify opportunities for the use of mediation to different categories of juveniles who are the subjects of criminal proceedings. The results of the study: specification of the capabilities and methods of the restorative approach and mediation in preventive work with minors in conflict with the law, and in particular in the field of criminal justice. Recommendations to improve the application of regenerative technologies and mediation as the main means of pedagogical influence): in the practical work of judges in cases involving minors, the work of agencies, institutions, and all individuals associated with pedagogical-preventive activity.
Keywords: Juvenile delinquency prevention; mediation; protection and guarantee of children's rights; recovery approach; the formation of the concept of child-friendly justice
Baleva, A. (2012) The problem of power imbalances in restorative justice programmes in criminal matters involving minors. Bulletin of restorative justice, 9, 23-32.
Baltag, A. (2015) On the implementation of the project «Development of restorative justice programmes in the Russian Federation to protect the rights of minors in conflict with the law» in the Saratov region. Bulletin of restorative justice, 12, 48-56.
Beļtsova, L. M. (2010) Improvement of the pedagogical training of employees of internal Affairs bodies to work with a minor in system development: abstract. Diss... the candidate of pedagogical Sciences. Cheboksary: Chuvash state pedagogical University. I. Yakovleva. 20p.
Guzenko, K. F. (1997) The criminal process: a textbook for law students and faculties. Moscow: Zertsalo. 509p.
Kalimullin, A. M., Vlasova, V. K. & Sakhieva, R. G. (2016). Teachers’ training in the magistrate: Structural content and organizational modernization in the context of a federal university. International Journal of Environmental and Science Education, 11(3), 207-215.
Karnozova, L. M. (2009) The introduction of restorative juvenile justice in the work of the court: Handbook. Moscow: OOO «Informpoligraph». 108p.
Kuptsov, V. Ph., Nikolenko, E. V. & Khmeleva, N. L. (2016) Infantilism: a theoretical construct and operationalization. Education and science, 3, 89-105.
Kuznetsov, D. V. (2015) Psycho-pedagogical facilitation as a necessary condition for successful self-determination of senior pupils. Education and science, 9, 120-133.
Makarenko, I. A. (2006) The personality of the accused minor as an object of forensic investigation. Moscow: Yurlitinform. 352p.
Maksudov, R. R. (2009) Restorative mediation: the idea and technology: guidelines. Moscow: Institute of law and public policy. 72p.
Markovicheva, E. V. (2009) The acceleration of criminal proceedings against minors: for and against. Issues of juvenile justice, 6, 23-24.
Melnikova, E. B. (2001) Juvenile justice: problems of criminal law, criminal process and criminology: textbook. Moscow: Business. 272p.
Mezinov, D. A. (2010) On the correlation of the notions "aim" and "task" in the science of criminal process. Vestnik of Tomsk state University, 340, 129-131.
Murasheva, S. V. (2013) A restorative approach to the prevention and resolution of conflicts among minors. Scientific-methodical electronic journal «Concept», 4, 246-250.
Over the British teachers bullied online. (2016, march 19). Adguard. Retrieved march 19, 2016, from https://blog.adguard.com/ru/industry-news/nad-britanskimi-uchitelyam-izdevayutsya-v-seti.html.
Overtime: legal or not? (2014, December 10). Charla.ru a women's magazine. Retrieved December 10, 2014, from http://www.charla.ru/blog/career/5588.html.
Plenum Of The Supreme Court Of The Russian Federation. The resolution dated 1 February 2011 No. 1 «On judicial practice of application of legislation regulating the peculiarities of criminal liability and punishment of minors» (2016, july 6). Garant. legal information portal. Retrieved july 6, 2016, from http://www.garant.ru/products/ipo/prime/doc/12082757//
Predeina, I. V. (2006) Legal and theoretical basis for the development of juvenile justice in Russia: PhD Abstract. Saratov: Saratov law Institute of MIA of Russia. 31p.
Proshlyakova, D. A., Balakshina, V. S. & Kozubenko, U. V. (2011) The criminal process. Moscow: Volters Kluver. 1056p.
Ribalskaya, V. J. (1982) On victimological analysis of juvenile crime. Victimological problems of the fight against crime. Collection of scientific works. Irkutsk: Publishing house of Irkutsk University. 241p.
Rudnev, V. I. (2012) Inadmissibility of exerting negative effects on juveniles as a new principle of criminal proceedings. Russian law journal, 2. Retrieved august 09, 2016 from http://www.center-bereg.ru/d374.html.
Ryabinina, E. V. (2015) Mediation in the work of higher school teacher. Education and science, 2, 52-61.
Skichko, O. Y. (2009) Problems of protection of the rights of minors in criminal proceedings. Issues of juvenile justice, 6, 34 - 35.
Solodilov, A. V. (2000) Production on materials about minors are not subject to criminal liability, in special teaching and educational establishments of closed type. Legal problems of strengthening Russian statehood: collection of articles. Tomsk, Tomsk state University, 142p.
The Anglo-Saxon model of the existing juvenile justice (2016) Retrieved July 22, 2016 from http://www.labex.ru/page/g14_uvenpr_4.html.
Trubnikova, T. V. (1997) Simplified trial procedure in criminal trial of Russia: Avtoref. dis...candidate of legal Sciences. Tomsk: Tomsk state University. 30p.
Tsvetkova, E. V. (2014) Proof in pre-trial proceedings on criminal cases against minors: PhD Abstract. Moscow: Moscow Academy of Economics and law. 182p.
Varigin, A. N., Grigoryan, Z. M. (2011) Criminological analysis of murders committed by minors. Legal science, 3, 46-53.
Yakimovich, Yu. K. (2013) Differentiation of criminal proceedings: problems and perspectives. Bulletin of Udmurt University. Series of Law and Economics, 2, 203-208.
Zimnya, I. A. (2006) Strategy education: possibilities and reality. Integration of science and higher education, 1, 67-74.