PROVING THE СONDITIONS OF LIFE AND UPBRINGING OF A MINOR, WHICH IS PROSECUTED IN CRIMINAL PROCEEDINGS

Abstract

For a complete research of the living conditions and upbringing of a minor suspect or accused, it is necessary to find out the composition of his family, the situation in it, the relationship between adult family members and adults and children, the attitude of parents to the upbringing of a minor, forms of control over his behavior, moral-household conditions of the family; the situation in a school or other educational institution or at work, his attitude to study or work, relationships with educators, teachers, peers, the nature and effectiveness of educational measures for him; relations and behaviour of the minor outside the home, educational institution and work; being registered with state bodies due to “problematic” behaviour; bringing to justice for offences. This evidentiary information is established on the basis of the testimony of the minor himself, witnesses from the circle of family members, relatives, close social; from documentary sources (personal files; characteristics of the child, certificates of family composition, acts of inspection of the households conditions of minors; certificates from the service for children оr from the juvenile prevention sector of the National Police, etc.). However pre-trial report of the representative of the probation’ body is the most informative and unengaged source of information about a minor. On the basis of the conducted analysis, we propose in part 1 of Art. 93 of the Criminal Procedure Code to provide for the authority to involve a representative of the probation’ body for the side of prosecution during the pre-trial investigation. We propose to review the application of probation instruments (in particular, drafting a pre-trial report) not to all minors, but only to persons, aged 14 to 18 (article 12 of the Law of Ukraine “On Probation”, Part 1 of Article 3141 of the Criminal Procedural Code of Ukraine). In our opinion, this approach does not correspond to the concept of juvenile justice.