THE LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of July 18, 2013 No. 223-1134/0/4-13

About some questions of implementation of criminal proceedings concerning minors

For the purpose of identical application of regulations of the penal procedural legislation by Trial and Appeal Courts, avoidance of its ambiguous interpretation during implementation of criminal proceedings concerning minors the trial chamber in criminal cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases draws the attention of local and Appeal Courts to the following.

1. When implementing criminal proceedings concerning minors courts shall provide exact and steady application of the current legislation, timely and their high-quality consideration, be guided by the Constitution of Ukraine, the Criminal code of Ukraine (UK), the Criminal Procedure Code of Ukraine (Code of Criminal Procedure), international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, in particular the Convention of the UN on the child's rights of November 20, 1989, the Minimum standard rules of the UN which concern administration of law concerning minors of November 29, 1985 ("The Beijing rules"), and also to consider practice of the European Court of Human Rights, entering their provisions into domestic law-enforcement practice.

Criminal proceedings concerning minors are performed in general procedure taking into account the features provided by Chapter 38 of the Code of Criminal Procedure and with respect for the principle of ensuring realization by minors of the right to use the additional guarantees established by the domestic law and international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine. If norms of the Criminal Procedure Code contradict such international treaty, are subject to application according to the p. 4 of Art. 9 of the Code of Criminal Procedure of provision of the relevant agreement.

2. Performing criminal proceedings concerning minors, in each separate case investigative judges, court shall:

- honesty and essentially to carry out powers on judicial control of observance of the rights, freedoms and interests of minors in criminal proceedings as during pre-judicial investigation, so during judicial proceedings, to be effective in limits and according to requirements of the law;

- consider that person acquires full criminal procedure legal capacity only with attainment of majority, irrespective of the act of emancipation, the introduction of person in scrap or the births it the child;

- remember that the special approach to minor offenders fixed by the law causes application of others, differing from those which are applied to adults, forms of realization of criminal liability;

- consider that the special procedure of criminal proceedings regulated by the procedural law concerning minors extends also to persons who reached age of majority during implementation of criminal proceedings, and also to cases when person in one criminal proceedings is accused of making of criminal offenses, part from which are made by it to, and the others - after achievement of 18 years;

- remember that criminal proceedings concerning the minor shall be performed instantly and considered in court first of all.

3. Judicial proceedings concerning the minor and concerning several persons, one of whom is minor, are performed according to the p. 10 of Art. 31 of the Code of Criminal Procedure only the judges authorized by meeting of judges of the relevant courts according to the procedure of Art. 115 of the Law of Ukraine "About judicial system and the status of judges" on implementation of criminal proceedings concerning minors.

At the same time judges, representatives to perform criminal proceedings concerning minors, are not exempted from accomplishment of obligations of the judge of relevant authorities, however implementation of these powers by them is considered in case of distribution of judicial materials and has priority value.

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