CERTAIN ISSUES OF THE PARTICIPATION OF JUVENILE PREVENTION OFFICERS IN CRIMINAL PROCEEDINGS

Abstract

Additional participants of juvenile prevention officers are provided for in criminal proceedings against minors. Deter- mination of the reasons and conditions that contributed to the commission of a criminal offense by a minor should be taken into account in detail when clarifying the child’s involvement in the commission of a criminal offense and when imposing a punishment. The possible influence of an adult should also be clarified. The social and domestic situation is important, and it can also influence the behavior of a minor. The article examines certain features of the exercise of powers by juvenile prevention officers in accordance with Articles 496 and 500 of the Criminal Procedure Code of Ukraine.Some aspects of the functional purpose of the participation of juvenile prevention officers, which consists in ensuring the arguments of the parties in criminal proceedings, have been studied. It was concluded that according to the function performed, such a participant in criminal proceedings as a juvenile prevention officer cannot be attributed to any of the parties. At first glance, he is a representative of the National Police, that is, a law enforcement agency, which includes units that perform the function of prosecution. But the information prepared by the juvenile prevention officer can be used by both the defense and the prosecution. Accordingly, the parties may file a motion to summon this participant in order to provide additional arguments in their favor. The juvenile prevention officer performs an auxiliary function such as a witness, expert, specialist, etc.The definition of the subject of duties of juvenile prevention officers was analyzed. It was established that the subject of education is determined according to the subject criterion. The implementation of the powers of juvenile prevention officers is related to ensuring the implementation of coercive measures of an educational nature against minors who have committed a criminal offense. It is appropriate to recommend that juvenile prevention officers take part in criminal proceedings against a minor, in relation to whom the prosecutor has made a request to apply coercive measures of an educational nature to him.Juvenile prevention officers must also take part in criminal proceedings against a minor who has not reached the age of criminal responsibility, if there is a reason to apply coercive measures of an educational nature.