Journal article Open Access
Hanna A. Kholiavka
In the article national juvenile justice is studied in the aspect of realization of pre-trial probation in relation to minor defendants. Positions of national legislation, national judicial practice, and international standards that regulate the issue of drafting pre-trial report against accused minors are investigated. The jurisdiction of institution of probation on pre-trial probation issues in relation to minor defendants is considered. The procedure of drafting pre-trial report in relation to the noted category of persons is defined. The legal status of minor defendants in the process of pre-trial probation, legal status of their parents or other legal representatives are studied. The elements of pre-trial report in relation to minor defendants are analyzed. Importance of such element as a conclusion about possibility of correction without imprisonment on a certain term is marked.
The main features of functioning of national juvenile justice in the aspect of realization of pre-trial probation in relation to minor defendants are defined. Expedience of the use of foreign experience is well-proven for improvement of functioning of pre-trial probation in relation to minor defendants. Experience of such countries as the Netherlands, Norway and Latvia are investigated.
The ways of improvement of national juvenile justice in the aspect of realization of pre-trial probation in relation to minor defendants are proposed.