Volume 11 - Issue 55
/ July 2022
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https:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.55.07.26
How to Cite:
Ruvin, O., Nestor, N., Bondarenko, O., Telizhenko, L., & Naumenko, S. (2022). Organization of work of juvenile prevention units
of the National Police of Ukraine. Amazonia Investiga, 11(55), 249-255. https://doi.org/10.34069/AI/2022.55.07.26
Organization of work of juvenile prevention units of the National
Police of Ukraine
Організація роботи підрозділів ювенальної превенції Національної поліції України
Received: September 1, 2022 Accepted: September 30, 2022
Written by:
Oleksandr Ruvin112
https://orcid.org/0000-0003-0162-4686
Nataliia Nestor113
https://orcid.org/0000-0003-4231-537X
Olha Bondarenko114
https://orcid.org/0000-0002-2288-1393
Lyudmila Telizhenko115
https://orcid.org/0000-0003-4558-513X
Serhiy Naumenko116
https://orcid.org/0000-0002-4718-4957
Abstract
Juvenile delinquency is a social problem faced by
each country. Depending on the effectiveness of
prevention work, citizens’ levels, and social
sense of security in each country differ. Juvenile
prevention units are just beginning their practical
activities in a new legal direction. The article
aims to characterize the organization of the work
of juvenile prevention units of the National
Police of Ukraine. The object of the study is
public relations in juvenile prevention. The
subject of the research is the organization of
work of juvenile prevention units of the National
Police of Ukraine. The methodological basis of
the study is general scientific and unique
methods. Thus, dialectical, descriptive, system-
structural, and comparative-legal methods and
methods of induction and deduction were used. It
is emphasized that the organization of the work
of juvenile prevention units of the National
Police of Ukraine is due to several factors. First,
the system of juvenile prevention in general.
Secondly, the legislative sources determine the
general principles of juvenile prevention and its
specific measures. Third, the structure of juvenile
112
Doctor of Law, Director for Research at the Kyiv Research Institute of Forensic Science, Honored Lawyer of Ukraine, Ukraine.
113
Doctor of Law, Deputy Director for Research at the Kyiv Research Institute of Forensic Science, Honored Lawyer of Ukraine,
Ukraine.
114
Doctor of Law, Associate Professor, Head of Department of Criminal Legal Disciplines and Procedure, Sumy State University,
Ukraine.
115
Doctor of Philosophy, Associate Professor, Associate Professor of the Department of Fundamental Jurisprudence and
Constitutional Law, Sumy State University, Ukraine.
116
Candidate of Juridical Sciences, Sumy branch of National Scientific Center «Hon. Prof. M. S. Bokarius Forensic Science Institute»
Ukraine.
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prevention units at the national and local levels.
Fourth, the normative definition of the main tasks
of juvenile prevention units.
Key words: prevention, juvenile prevention,
crime, juvenile delinquency, units of the National
Police of Ukraine.
Introduction
Juvenile delinquency is a social problem faced by
each country. Depending on the effectiveness of
prevention work, citizens' levels and social sense
of security in each country differ (Ilchenko,
Gushcha, 2018). Given the complexity of the
demographic situation in Ukraine and the current
trend of increasing juvenile delinquency due to
the imperfection of the crime prevention system
among children, society faces the problem of
systemic counteraction to such phenomena as
child neglect, begging, drug addiction, and
involvement of children in crime, on the other
hand, child abuse and trafficking. This led to
reform processes in the law enforcement units for
children. If earlier the main direction of their
activity was the fight against juvenile
delinquency, which led to the place of criminal
police in children’s affairs in the criminal police,
today the Law of Ukraine “On National Police”
prioritizes the preventive activities of such units.
This led to the structural reorganization of the
system of law enforcement units for children and
the team's placement in the structure of the block
of preventive activities of the National Police.
The creation of juvenile prevention units
(juvenile police) is due to the current emphasis
on social rehabilitation of children of the so-
called law enforcement risk, which will help
restore their full social status, reduce social
tensions in society and improve the health of the
nation (Korolyuk, 2021). Juvenile prevention
units are just beginning their practical activities
in a new legal direction. Thus, the decision to
establish a juvenile prevention unit within the
National Police of Ukraine was made in August
2015 but remained uncertain for a long time. The
order to develop the Juvenile Prevention
Department was signed only in July 2017 and
later in 2018. The departmental Instruction on the
organization of work of these divisions of police
came into force. Thus, the newly created unit has
just started activities in protecting the rights and
interests of children. The new formation of the
unit’s activities is of scientific interest and
requires an objective and comprehensive analysis
and review of the regulatory framework
governing the activities of juvenile units
(Pisotska, 2020). Given the importance of
combating juvenile delinquency, adopting
effective and efficient measures by juvenile
prevention units of the National Police of
Ukraine is essential and urgent. That is why the
article aims to characterize the organization of
the work of juvenile prevention units of the
National Police of Ukraine. The object of the
study is public relations in juvenile prevention.
The subject of the research is the organization of
work of juvenile prevention units of the National
Police of Ukraine.
Theoretical framework
The study's theoretical basis is the scientific
works of Ukrainian and foreign scientists to
determine the nature of juvenile delinquency in
general and juvenile prevention. Young S., Greer
B., and Church R. note that, in general, the term
“juvenile offender” is widely used in the
academic literature but requires some caution.
This can be a potentially problematic term, and
in some contexts, can strike a derogatory tone
with deceptive negative assumptions. For several
years, the UN has used the phrase “children in
conflict with the law” to describe a diverse group
of people under 18 who have broken the law or
Ruvin, O., Nestor, N., Bondarenko, O., Telizhenko, L., Naumenko, S. / Volume 11 - Issue 55: 249-255 / July, 2022
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are at risk of doing so (Young, Greer, & Church,
2017).
Abdulgaziev R., Zhukova T., Sukhorukova A.,
Mamichev V., Arshinov A., & Alsultanov M
point out that juvenile delinquency as an
antisocial behavior is one of the problems, the
solution of which largely depends on the
correctness of the overall strategy to overcome it.
Forensic scientists and practical law enforcement
officers are of great interest in this issue and the
public. This is primarily due to the psychological
characteristics of the adolescent, which
determine the possibility, in the case of a timely
response to the criminal behavior of a minor, his
re-education (Abdulgaziev, Zhukova,
Sukhorukova, Mamichev, Arshinov, &
Alsultanov, 2018).
Juvenile delinquency is a more general social
phenomenon - crime in general; therefore, it is
natural that it has all the meaningful features of
the latter. However, juvenile delinquency is
characterized by isolation, and study is the key to
effective counteraction to such crime (Mozgova,
2014).
Regarding the concept of juvenile prevention,
I. Ishchenko is convinced that adolescent
prevention is a relatively separate (autonomous
direction in the juvenile justice system) social
and legal relations, which has its object of legal
influence and the system of subjects that exercise
this influence within the limits set by law. In
addition, it is at the same time, first, an integral
part of both social and anti-deviant policy of the
state, and therefore is closely linked to such
related institutions as social protection of
families, children, and youth; secondly,
preventive education, education, which together
solve a set of general and special tasks for the
protection of childhood, ensuring the rights of
children and their legitimate interests
(Ishchenko, 2017).
According to Parkhanov G., juvenile prevention
is aimed at identifying and eliminating the causes
and conditions that contribute to the commission
of offenses by children, and also has a positive
impact on the behavior of individual children in
Ukraine, in its region, family, enterprise,
institutions or organizations, regardless of
ownership, place of residence and at the same
time aimed at ensuring their rights and freedoms
(Parkhanov, 2018).
Thus, juvenile delinquency is a particularly
destructive phenomenon. It contributes to the
formation and consolidation of deviant forms of
behavior at the stage of forming a new
personality. Hence, the state takes extraordinary
measures to eliminate negative manifestations of
juvenile behavior and resocialize. For example,
adolescent prevention is widely used. We are
convinced that such an approach is rational,
especially in the humanization of penitentiary
policy and the implementation of the principle of
saving criminal repression.
The article analyzes the legal acts on the juvenile
prevention system in Ukraine, outlines the role of
the Interdepartmental Coordination Council for
Juvenile Justice, defines the structure and powers
of juvenile prevention units, and summarizes the
practice of the police in juvenile prevention in
foreign countries.
Methodology
The methodological basis of the study is general
scientific and unique methods. Thus, available
scientific methods, such as dialectical, were used
to study the concepts of juvenile delinquency and
juvenile prevention in the Theoretical
framework. The descriptive process served to
characterize the legal regulation of the juvenile
prevention system in Ukraine and the essence of
the Interdepartmental Coordination Council for
Juvenile Justice. The induction method was used
to develop a general conclusion to the article.
Inextricably linked to induction is the deduction
method, which was used to determine the main
tasks of juvenile prevention units. The system-
structural method provided an opportunity to
study in detail the elements of the structure of the
juvenile prevention units. In addition to general
scientific methods, unique methods were also
used, particularly the method of comparative
jurisprudence - to outline the practice of police
activities in juvenile prevention in foreign
countries. The article contains links to 20
sources, including articles indexed on the
scientometric basis of Web of Science, 8
normative references.
Results and discussion
Regulatory regulation of the juvenile prevention
system in Ukraine
During the years of Ukraine’s independence,
considerable efforts have been made to update
the legal system in Ukraine. In its modern format,
the juvenile justice system began its development
with the Decree of the President of Ukraine of
May 24, 2011, № 597/2011, which approved the
Concept for the Development of Juvenile Justice
in Ukraine (Decree of the President of Ukraine
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No. 597/2011, 2011). However, today there is no
comprehensive legislative system of juvenile
justice aimed at its regulation. There are only
indirect legal acts in the country. First,
international legal acts: 1) Convention on the
Rights of the Child (United Nations, 1989),
2) Minimum standard rules concerning the
administration of juvenile justice. “Beijing
Regulations “(United Nations, 1985), 3) “Riyadh
Guidelines - United Nations Guidelines for the
Prevention of Juvenile Delinquency, adopted and
promulgated by a General Assembly resolution
of December 14, 1990 (United Nations, 1990);
“European rules on juvenile offenders subject to
sanctions or measures” of November 5 2008
(Council of Europe, 2008). This document also
reflects the rights and responsibilities of parents
in the field of juvenile justice in the
Recommendation Act of the Committee of
Ministers of the Council of Europe addressed to
the participating countries (including Ukraine).
Noteworthy are also domestic regulations: 1) The
Constitution of Ukraine (Constitution of
Ukraine, 1996) is the basis of the system and
content of all sources of law in our country. In
addition, it is the basis for the further
development of law enforcement legislation in
Ukraine. Based on its provisions, all other
regulations governing the activities of the police
of Ukraine are adopted. In carrying out their
tasks, police units of juvenile prevention are
guided by Art. 3 of the Constitution of Ukraine,
according to which a person, his life and health,
honor and dignity, inviolability, and security are
recognized as the highest social value. Juvenile
prevention units perform their duties according
to the provisions of Art. 19 of the Constitution of
Ukraine are obliged to act only on the basis,
within the powers and in the manner prescribed
by the Constitution and laws of Ukraine, and no
one may be forced to do what is not provided by
law. Another legal basis for the work of juvenile
police is to ensure equal constitutional rights and
freedoms of children. Yes, following Art. 24 of
the Constitution of Ukraine, no one may have
privileges or restrictions on the grounds of race,
color, political, religious and other beliefs, sex,
ethnic and social origin, property status, place of
residence, language, or other characteristics.
Interagency Coordination Council for Juvenile
Justice
Following the Resolution of the Cabinet of
Ministers of Ukraine of May 24, 2017, 357
(Resolution of the Cabinet of Ministers of
Ukraine 357 of May 24, 2017) in Ukraine
established the Interdepartmental Coordination
Council for Juvenile Justice (in the future -
Interdepartmental Coordination Council), which
is a temporary advisory body of the Cabinet of
Ministers of Ukraine, established to introduce an
inter-institutional platform for systematic
discussion and resolution of problematic issues
of juvenile justice, making agreed decisions that
meet the interests of the child. The
Interdepartmental Coordination Council
included representatives of the Ministry of
Justice, the Ministry of Social Policy, the
Ministry of Internal Affairs of Ukraine, the
Ministry of Education and Science of Ukraine,
the National Police, the Presidential
Commissioner for Children’s Rights, the
Verkhovna Rada Commissioner for Human
Rights, and the Prosecutor General’s Office
organizations whose activities are aimed at
protecting the rights of children. One of the main
tasks of the Interdepartmental Coordinating
Council is to promote coordination of executive
actions to ensure the development of policies and
practices that meet international standards for the
interests of juveniles who have committed a
crime, become a victim, or witness of crime. A
working group established within the framework
of the Interdepartmental Coordination Council
has prepared a draft Law of Ukraine “On Child-
Friendly Justice” (Draft Law on Child-Friendly
Justice № 5617, 2021).
The structure of juvenile prevention units
At the level of the staff of the central police body,
the Department of Preventive Activities of the
National Police of Ukraine has been established
to perform the main tasks of crime prevention,
including among children, which should be
considered a specialized subject of prevention.
The structure of the Department of Preventive
Activities of the National Police of Ukraine
includes the Department of Juvenile Prevention.
In addition to this department, juvenile
prevention units have juvenile prevention units
of the leading departments of the National Police
in the Autonomous Republic of Crimea and
Sevastopol, oblasts, and Kyiv, as well as juvenile
prevention units territorial (separate) units of the
National Police. At the regional and local levels,
juvenile prevention units operate as structural
units of prevention departments (sectors) of the
Main Directorate of the National Police. Thus,
juvenile prevention units have a clear structural
structure, which contributes to the effective
implementation of tasks to prevent delinquency
among children (Nazar, 2020).
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The main tasks of juvenile prevention units
Currently, the state aims not to punish a minor
but to ensure his correction and prevent him from
committing new offenses. That is why the vector
of crime prevention has been shifted towards
prevention. In particular, the main tasks of
juvenile prevention units are: preventive
activities aimed at preventing children from
committing criminal and administrative offenses,
identifying the causes and conditions that
contribute to this, taking measures within their
competence to eliminate them; keeping
preventive records of children prone to
committing crimes and conducting individual
prevention measures with them; participation in
locating a child in case of his / her disappearance
or obtaining data for this purpose within the
criminal proceedings opened on the fact of his /
her disappearance, taking measures to prevent
and counteract domestic violence against and
against children, as well as child abuse; taking
measures to prevent child neglect, including
police care for minors; carrying out activities
related to the protection of the child’s right to
general secondary education; interaction with
other units of the National Police of Ukraine,
public authorities and local governments on
ensuring the rights and legitimate interests of
children; implementation within the competence
of pre-trial investigation of criminal offenses in
the form of inquiry (Order of the Ministry of
Internal Affairs of Ukraine № 1044, 2017).
The practice of the police in the field of juvenile
prevention in foreign countries
For example, in France, the functions of
preventive work with children are performed by
specialists of juvenile delinquency prevention
teams, specialized units of the French
gendarmerie. The brigade consists of personnel
(from 5 to 7 gendarmes) who have special
communicative and psychological approach
skills to minors. Such teams are involved in
preventing juvenile delinquency and assisting
children who have themselves become victims of
crime or find themselves in a difficult situation.
Specialists of the brigades practice independently
or help other units with minors, work together
with a social worker of the departmental
gendarmerie of the “Gard” group, and with
medical and judicial police service
psychologists. Gendarmes of these units work in
close contact with the social services of the
district, teachers, and administration of
educational institutions, parents, intervene in
incidents of violence in schools, families; explain
the risk factors of communication technologies
(GSM, Internet, social networks), alcohol, drug
use, theft, extortion; conduct interviews with
children who have committed offenses or
become their victims, witnesses, provide
explanations on the progress of the investigation,
give legal advice. Juvenile crime prevention
brigades are atypical units of the gendarmerie
(repressive methods of work dominate other
services), whose primary mission is to be
attentive to young people, to help them. It is also
a team of professionals who help parents who are
sometimes helpless due to the multifactorial
problems that affect their children. It can be
stated that the given model of organization and
tasks of special police units is like the modern
Ukrainian version of juvenile prevention units
(Veselov, 2018).
The Swiss police work closely with the schools
with which cooperation protocols are signed.
According to this protocol, the school is obliged
to make every effort to carry out preventive work
with adolescents who conflict with the law and
only then contact the police. In addition, the
school is obliged to systematically remind
children of the rules of conduct, in legal terms -
to conduct legal education of children. Regular
meetings with the school administration are held
by the L’ilotier district inspector, who wears
neither uniforms nor weapons and whose work is
mainly focused on gathering information. In
addition to these regular meetings with the
administration, according to the protocol, the
inspector has the right to attend school only in
three cases: a) prosecution of the offender; b)
legal investigation (investigation of a crime
committed on the territory of the school); c) to
conduct prevention lessons at the beginning and
end of the school year (general prevention)
(Muranenko, 2019).
In the case of a minor offense, the U.S. police are
in many cases limited to counseling (conducting
a preventive interview) and releasing the
offender. Law enforcement officers have
significant discretion in communicating with
minors. They have several alternatives for
making decisions such as: removing a child with
a warning (rather an oral remark) or without it,
but without making an official record for further
action; releasing the child, but describing in
detail the short-term contact or sending a report
(report) to the children’s service, informing about
the incident; remove the child, but submit a more
formal notice to the juvenile service for effective
action; to send a minor immediately to the
juvenile service; refer the case directly to the
court through a district or district attorney
(Lawrence & Hess, 2009).
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Conclusions
Summarizing the above, it should be emphasized
that the organization of the juvenile prevention
units of the National Police of Ukraine is due to
several factors. First, the system of juvenile
prevention in general. Secondly, the legislative
sources determine the general principles of
juvenile prevention and its specific measures.
Third, the structure of juvenile prevention units
at the national and local levels. Fourth, the
normative definition of the main tasks of juvenile
prevention units, in particular, preventive
activities aimed at preventing children from
committing criminal and administrative offenses,
identifying the causes and conditions that
contribute to this, taking measures within their
competence to eliminate them; keeping
preventive records of children prone to
committing offences and conducting individual
prevention activities with them; participation in
establishing the whereabouts of a child in the
event of his or her disappearance or obtaining
data for this purpose within the framework of
criminal proceedings opened on the fact of his or
her disappearance; taking measures to prevent
and combat domestic violence against and
against children, as well as child abuse; taking
steps to prevent child neglect, including police
care for minors; carrying out activities related to
the protection of the child’s right to general
secondary education; interaction with other units
of the National Police of Ukraine, public
authorities and local governments on ensuring
the rights and legitimate interests of children;
carrying out within the competence of pre-trial
investigation of criminal offenses in the form of
inquiry.
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