On the Issue of Ensuring the Rights of Minors During the Preliminary Investigation

Modern society is experiencing a serious problem - youth infantilism, which often develops into criminal acts. Juvenile delinquency occupies a special place in the overall structure of crime, and countering it is designated as a priority area of the criminal policy of the Russian state.

Legislation provides for a flexible approach to criminal proceedings against minors. He takes into account that, due to their age and psychophysiological characteristics, this category of offenders cannot be full-fledged subjects of criminal procedural legal relations. At the same time, within the framework of the implementation of certain investigative and procedural actions, the priority task of the preliminary investigation bodies is to observe and ensure the rights, freedoms and legitimate interests of minors.

In order to determine the specifics of ensuring the rights of minors during the preliminary investigation, the author analyzes the specifics of criminal proceedings in relation to this category of offenders and considers the procedural features of the implementation of certain investigative actions involving minors.

On the basis of the study, the author proposes to amend the criminal procedure legislation governing the conduct of a preliminary investigation, providing additional guarantees for ensuring the rights of a minor.