Theoretical and legal problems of legal representation institution of juveniles in criminal proceedings

Abstract

The purpose of the research in this article is to identify legal and practical problems of participation of legal representatives of a juvenile, to formulate proposals to resolve these problems; to develop a comprehensive mechanism to ensure the right to participate of the legal representative of a minor, by improving the procedural status of both the minor participant in criminal proceedings and his (her) legal representative. The use of general and private scientific research methods allowed us to assess the current state, patterns and main trends in the development of the legal representation institution of juveniles. As a result of the research, the existence of gaps in the legislative regulation and the existence of shortcomings in the mechanism for implementing the right of minors to legal representation were revealed. The content of the concept «legal representative of a minor participant in criminal proceedings» was analyzed, as enshrined in the criminal procedure legislation, which is recognized as truncated and not covering all options of individuals who can be involved as a legal representative; the lack of proper regulation of the procedural status of a minor's legal representative, in particular, the questions of legitimate representation of the interests of witnesses and witnesses entitled to protection remain without attention, the ineffectiveness of the activities of representatives of institutions or organizations in whose care the minor is, of the guardianship and trusteeship authorities is substantiated; the issues of granting legal representatives with witness immunity were considered. The key point in resolving the issue of admission to participate in criminal proceedings as a legal representative should be the interests of the minor, namely the degree of closeness of the legal representative with the represented person.