Y. Tymoshenkо PERSPECTIVES OF APPLICATION OF THE ARREST AS A PREVENTIVE MEASURE TO THE JUVENILE SUSPTS (ACCUSED PERSONS)

Abstract

The article deals with the peculiarities of the criminal proceedings against minors. The analysis of its main provisions and the brief historical review are carried out. Besides, the present state of the criminal-procedural legislation in that sphere has been studied.
The main task of the research is to study the main features of the preventive measure related to the deprivation of liberty of a suspect and to reveal the problematic issues, which arise during its application, as well as to propose the ways of resolving them.
The attention is paid to the special procedure of the pretrial investigation and trial against minors, as well as to the criminal proceedings procedure for the application of the preventive measure related to the deprivation of liberty of a juvenile suspect (accused person).

The corresponding issues are considered by the investigators, prosecutors and investigating judges while making the decision on application of that preven-tive measure against a minor suspect (accused person).
The modern criminal-procedural legislation of some European countries and the scientists’ opinions on that issue are analyzed. The attention is payed to the positive experience of using the pretrial investigation by the probation officers of Poland and Slovenia. The international normative legal agreements, agreements in the sphere of the juvenile justice are considered, as well as the practice of the European Human Rights Court are taken into account. The ways of solving the problems in that sphere are proposed.