of October 16, 2014 No. 4390-V
About approval of the State program on development of justice for children in the Kyrgyz Republic for 2014-2018
The Jogorku Kenesh of the Kyrgyz Republic decides:
Approve the State program on development of justice for children in the Kyrgyz Republic for 2014-2018 initiated by the Government of the Kyrgyz Republic (the resolution No. 392 of July 15, 2014).
Deputy Toraga of Jogorku Kenesh of the Kyrgyz Republic
Approved by the Resolution of Jogorku Kenesh of the Kyrgyz Republic of October 16, 2014 No. 4390-V
The Kyrgyz Republic is participant of the fundamental international document by the rights of children - Conventions of the UN on the child's rights. Following the results of the last periodic report of Kyrgyzstan in UN committee on the rights of the child (2004) Final recommendations, including concerning juvenile justice are received.
Final recommendations of UN committee on the rights of the child became starting point for implementation of regulations of international standards in the national legal system of Kyrgyzstan. Besides, these standards are regulated by the Guidelines of the UN for crime prevention among minors (The Ayr-Riyadsky guidelines), the Rules of the UN concerning protection of the minors imprisoned the Minimum standard rules of the UN concerning administration of law concerning minors (The Beijing rules), the Havana rules.
The state program on development of justice for children in the Kyrgyz Republic for 2014-2018 (further - the Program) is directed to realization of regulations of the Code of the Kyrgyz Republic on children, Concepts of the UN by the rights of the child, the main international standards and standards in the field of justice for children is protection of children as the made offenses (crime), and the children who are witnesses or the victims crime and violence and also the corresponding recommendations in the sphere of juvenile justice of UN committee on the rights of the child of rather Periodic state report of the Kyrgyz Republic.
Development and acceptance of the first version of the Code of the Kyrgyz Republic about children (further - the Code about children) in August, 2006 according to which the concept of juvenile justice is for the first time legislatively fixed in Kyrgyzstan became the first step in implementation of regulations of international standards in the national legal system of Kyrgyzstan.
In implementation of the Code about children in 2007 specialized bodies for protection of the rights of children - Department on protection of children at the central level, in 2008 - the commission on cases of children (KDD) and departments of family support and children at the local level were created.
In April, 2011 for the purpose of reforming of system of protection of children, being in difficult life situation, institutional reform of system of social protection and authorized bodies on protection of children at the central and local levels is undertaken are transferred to the jurisdiction of the Ministry of social protection of the population of the Kyrgyz Republic (The ministry of social development of the Kyrgyz Republic). Thus, Kyrgyzstan executed the Resolution of the second TsA of the Forum (Bishkek, 2009).
The analysis of the current situation, according to National Statistical Committee of the Kyrgyz Republic, shows that in recent years increase in number of the registered crimes committed by minors or with their participation is traced. In 2006 it constituted 857 crimes, 1059 - in 2010 that demonstrates insufficiently carried out work on prevention of offenses among minors.
At the same time, despite increase in number of the registered crimes committed by minors or with their participation the number of the condemned minors decreases: 873 - in 2000 and 358 - in 2010. These figures show that need of strengthening of work on rehabilitation of children who were involved in justice system, but were not condemned ripened.
During the period from 2006 to 2011 in the country measures for implementation of the principles of juvenile justice in system of administration of law concerning minors were taken.
For the purpose of development of the legislation regulating juvenile justice in 2007 changes and additions are made to the Criminal, Criminal procedure and Criminal and executive codes of the Kyrgyz Republic harmonizing the penal legislation.
The minors which are in the conflict with the law (the suspects accused of making of criminal offense) have access to free legal aid. However problem providing them with qualified, timely legal aid and measures of social protection still is.
In the sphere of implementation of practical measures of support of the children who are in difficult life situation since 2008 at the local level departments of family support and children as whom assistance to children of risk group and support to their families enters are implemented. The methodology and quick reference book for the specialists working in system of bodies of juvenile justice are developed and published.
In response to criticism of conditions of stay and the treatment of pupils in 2007 the school specialized professional for minor offenders was closed, and since 2010 the condemned minor girls contain in colony separately from the condemned women.
For the purpose of strengthening of fight against crime of minors in 2011 in Head department of criminal investigation department of the Ministry of Internal Affairs of the Kyrgyz Republic the department of the organization of fight against crimes among minors is created; for implementation of prevention of offenses among minors 417 inspectors of inspectorate for cases of minors of Head department of public safety of the Ministry of Internal Affairs of the Kyrgyz Republic work at local level.
In the Prosecutor General's Office of the Kyrgyz Republic the department of supervision of observance of the rights of children is created; at each school of the republic the position of the social teacher who works with pupils of "risk group" is entered.
It should be noted some moments relating to implementation of effective law-enforcement practice:
- during interrogation of minors compulsory attendance of the lawyer and representative of authorized body on protection of children, the legal representative, the teacher (psychologist) is established;
- interrogation cannot be conducted more than 4 hours a day and no more than 2 hours in a row without interruption;
- medical examination of the minor is surely performed in case of acceptance to any place of isolation from society;
- the minimum age for criminal prosecution - - corresponds 14 years to recommendations of UN committee on the child's rights;
- only judges make the decision on content of the minor under guards to court;
- the term of investigation of criminal case constitutes 2 months that conforms to international standards;
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