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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of August 19, 2008 No. 646

About the Concept of development of system of juvenile justice in the Republic of Kazakhstan for 2009-2011

For the purpose of further development and enhancement of system of juvenile justice in the Republic of Kazakhstan I DECIDE:

1. Approve the enclosed Concept of development of system of juvenile justice in the Republic of Kazakhstan for 2009-2011 (further - the Concept).

2. To the government of the Republic of Kazakhstan in three-months time to develop and approve the actions plan on implementation of the Concept.

3. To state bodies of the Republic of Kazakhstan in case of development of relevant decisions to be guided by basic provisions of the Concept.

4. To impose control of execution of this Decree on Administration of the President of the Republic of Kazakhstan.

5. This Decree becomes effective from the date of signing.

 

President

Republic of Kazakhstan N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of August 19, 2008 No. 646

The concept of development of system of juvenile justice in the Republic of Kazakhstan for 2009-2011

Introduction

One of the priority directions of the state social policy is ensuring compliance with the rights of the child that assumes recognition behind it all completeness of the social and economic, political, personal rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan, international treaties and other regulatory legal acts.

Ensuring compliance with the rights of minors is directly connected with their legal protection. Legal protection is understood as set of the regulatory legal acts establishing legal status of minors as participants of the public relations (the right, obligation, guarantee of observance of the rights and obligations) and fixing bases of the organization of activities of system of bodies for work with minors.

Legal protection covers all sphere of life activity of minors: education, education, health care, work, social security, leisure.

Legal protection of minors includes protection of the rights and interests of the children who got to the sphere of administration of law on criminal cases. Such protection in world practice is performed within specialized justice system for minors (juvenile justice).

All specified package of measures for protection of the rights of minors is covered by the term "juvenile justice". In the international practice, in particular in the Minimum standard rules of the UN concerning administration of law concerning minors ("The Beijing rules"), the term "Juvenile Justice" (juvenile justice) means "justice for minors".

However in wider social plan the justice system concerning minors represents the system of protection of the rights, freedoms and legitimate interests of minors combining around specialized court for minors different specialized structures in law enforcement agencies, organizations of system of prevention of neglect and offenses of minors, legal profession and human rights organizations.

Besides, the juvenile justice is the system including not only complex of the state and other bodies and organizations having the appointment protection of the rights and legitimate interests of minors, implementation of justice concerning them but also the relevant legislation.

In the Republic of Kazakhstan since 2001 for the purpose of change of methods of work with minors in the criminal justice system work on project initiation "Juvenile justice in Kazakhstan" is carried out, its purposes, tasks and the principles are determined.

On March 30, 2007 at meeting of Council for legal policy in case of the President of the Republic of Kazakhstan the question of creation of system of juvenile justice in Kazakhstan where in general the offered main approaches to creation of juvenile justice and the interested state bodies are supported is considered it is recommended to complete development of model of specialized services of juvenile justice.

1. International experience

Today juvenile courts function more than in 60 countries of the world. And it should be noted that during creation of juvenile courts in the different countries unequal approach. Two main models belong to the specified type of jurisdiction: Anglo-Saxon and continental.

Distinctions in the called models of courts for minors consist that in Anglo-Saxon model of court cases of adult accomplices of crimes of minors are considered by general courts, and in continental model it is forbidden to consider cases of minors in general courts, at the same time cases of adult accomplices are also considered in juvenile courts.

The American criminal procedure for minors is simple and operational. The main thing in it - discussion of offense and assignment of punishment for it. Of course, such process reaches the tselivozdeystviye on the offender. It is known that any delay of reaction of court to offense is dangerous in cases of minors and conducts to offense recurrence, and more serious. But speed of legal procedure has also the negative side: real possibility of human rights violation, incompleteness of investigation, gaps in proofs, doubts concerning sources of their obtaining.

Typical option of continental model of court for minors - the French court. Legal procedure for minors in France has three stages reflecting the corresponding competence of three jurisdictions for minors: judges for children, tribunal for cases of minors and jury trial for minors.

The French judge for children is the magistrate of court of big instance appointed to this position for three years with possibility of renewal of term. In case of selection of candidates for this post interest of magistrate in childhood questions is considered. By the general rule, in departments (unit of territorial division of France) there are one or several judges for children. In court of case between the judge for children and the investigative judge are distributed so: both can consider cases on offenses and simple violations whereas cases on crimes and other offenses are only within the competence of the investigative judge.

Thus, the international experience shows that the juvenile justice represents the specialized justice system for the minors based on package of measures, directed to recovery of the public relations and the relations destroyed or lost by the minor owing to the change of the social status and deviant behavior of the personality aimed at overcoming effects of offense and return of the offender to society.

2. Concept purpose

The purpose of the Concept is step-by-step implementation and development of elements of juvenile justice in the Republic of Kazakhstan which will allow to increase efficiency and quality of administration of law concerning minors at all its stages. It includes creation of specialized divisions on work with minors: in the Ministries of Justice, internal affairs, science and education, in courts, prosecutor's offices and legal profession.

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