Mechanisms for protecting children’s rights and the role of psychological services in the juvenile justice system of Russia against the background of international practices

• Published in: Egyptian journal of forensic sciences Vol. 12; no. 1; pp. 1 - 12
• Main Authors: Raissa Orsayeva, Alexander Vasyaev, Viktor Shestak
• Format: Journal Article
• Language: English
• Published: SpringerOpen 01-12-2022
• Subjects: Children’s rights protection; Juvenile courts; Juvenile justice; Model of juvenile justice; Psychological assistance; Restorative justice
• ISSN: 2090-5939
• DOI: 10.1186/s41935-021-00242-6

Abstract Background The study examines children’s rights as a social and legal institution, adapting to the modern context, associated with new views on the psychology of the child and his legal personality. In addition, the study raises the question of the role of medical psychology and psychological practice in the juvenile justice system of Russia from the point of view of the foundations of legal regulation. The research outlines the problems of the implementation of the protection of children’s rights in Russia and suggestions for the legislative improvement of the mechanism. Through the use of the interpretative approach, the United Nations Convention on the Rights of the Child is considered as a source of soft law, requiring pluralization of practice pursuant to international rules. Results The comparison of the two key approaches to the Convention, the dual status of the child and the public/private dilemma, is a basis for studying current problems in Russia through discourses on rights of a child. The comparison highlights the limitations and peculiarities common to both Russia and foreign states clarifying possible strategies for improving the implementation of rights of a child in different countries. The article examines the current legislation, which sets incentives for the development of the juvenile justice system. The foreign experience has been analyzed and the possibility of its implementation into the national legal system has been considered. It was the legal norms that the research was based on. The analytical framework of the study relies on both qualitative and quantitative methodologies. The aim of the current research is to analyze the degree of protection of children’s rights in Russia, as well as the system of juvenile justice. This required the assessment of the current political and cultural context, as well as the moral aspect that affects the development of the mechanism for protecting children’s rights in Russia. Conclusions The practical significance of the research carried out implies the possibility of using the results obtained in the development of legislative acts in the field of protecting the rights of children and the juvenile justice system.