Features of the Election and Application of Preventive Measures in the Form of Supervision and Prohibition of Certain Actions Against Juvenile Suspects, Accused (According to the Legislation of the Republic of Tajikistan and the Russian Federation)
- Authors: Hakimzoda A.Н.1
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Affiliations:
- Management Academy of the Ministry of the Interior of Russia
- Issue: Vol 16, No 2 (2023)
- Pages: 239-243
- Section: Criminal Law Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/250275
- ID: 250275
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Abstract
The article reveals the issue of electing and applying to persons under the age of 18 a non-isolating preventive measure in the form of transfer to minors under supervision. The features of the supervision of minor subjects of crime by parents, guardians, trustees, and other persons are analyzed. It is proposed to include in the criminal procedure legislation of the Republic of Tajikistan such a preventive measure as the prohibition of certain actions (by analogy with Article 105.1 of the Criminal Procedure Code of the Russian Federation). Taking into account the trends in the development of Tajik legislation in the direction of the development of the juvenile justice system, it is noted that it is expedient to include the election of coercive measures against juvenile suspects accused in the functionality of the juvenile investigating judge, which will serve as an additional guarantee of legality in the implementation of criminal proceedings against these persons.
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##article.viewOnOriginalSite##About the authors
Abubakr Н. Hakimzoda
Management Academy of the Ministry of the Interior of Russia
Author for correspondence.
Email: abubakr.khakimzoda@mail.ru
adjunct 3rd faculty
Russian Federation, MoscowReferences
- Mandzhieva E.V. Classification of coercive measures: from the «mixed» criterion to the connection with the object of security. // Actual problems of Russian law. - 2020. - № 3 (112). – Pp. 154-165.
- The Criminal Procedure Code of the Republic of Tajikistan dated December 3, 2009 (with amendments and additions as of 07/19/2022) [Electronic resource]. // Access mode: https://online .zakon.kz/Document/?doc_id=30594304&pos=3263;-33#pos=3263;-33.
- The Criminal Procedure Code of the Russian Federation of 18.12.2001 N 174-FZ (ed. of 14.07.2022, with amendments. from 18.07.2022) (with amendments and additions, intro. effective from 25.07.2022). // Collection of Legislation of the Russian Federation, 24.12.2001, N 52 (part I), Article 4921.
- Erofeeva V.A. Supervision of a minor suspect accused in criminal proceedings: diss.., Candidate of Legal Sciences – M., 2018. – p. 12.
- Konovalova M.A. Some topical issues of the election and application of a preventive measure in the form of supervision of a minor suspect or accused. // Socio-political sciences. - 2018. No. 3. – pp. 168-172.
- Goshovskaya Yu.V. Application of measures in criminal proceedings against minors. // Scientific Bulletin of the International Humanitarian University. Series: Jurisprudence. – 2015 – Issue 17 (2). pp. 43-146.
- Maslova Z.G. Supervision of a minor accused (suspect) as a preventive measure in criminal cases against minors. // Bulletin of Orenburg State University. - 2013. - № 3 (152). - Pp. 131-133.
- Kartseva A.I. Features of the application of a preventive measure in the form of detention in relation to minors. // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. - 2010. - No. 1. - pp. 99-102.