Modern paradigms and models of juval justice

• Main Author: Николай Юрьевич Веселов
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2019-09-01
• Series: Проблеми Законності
• Subjects: child; minor; model; paradigm; juvenile justice
• Online Access: http://plaw.nlu.edu.ua/article/view/174553
• ISSN: 2224-9281; 2414-990X

Modern juvenile justice is a system of international legal foundations, scientific ideas and a set of concepts of influence on children, their social environment, state and public institutions for the prevention of unlawful behavior among minors, protection and assistance to children in conflict with or dangerous or harmful situation (conditions). Despite the fact that juvenile justice as a social and legal institution ensuring the rights and interests of the child is based on common goals and objectives, world practice includes several typical paradigms (theoretical and methodological models) and regulatory and institutional models for the functioning of juvenile justice. The goal of the research is to form a modern understanding of the classification of juvenile justice models as one of the institutions ensuring the rights, freedoms and interests of children. The article presents the classical system of paradigms (concepts) of juvenile justice: the rehabilitation paradigm, the punitive paradigm, the alternative or restorative paradigm. These paradigms are represented in existing models of juvenile justice, which are now operating in different countries of the world. Several types of classification of functional models of juvenile justice are presented for consideration. The division of juvenile justice systems on a global scale into Anglo-American, Continental, Scandinavian and Asian is analyzed. The study argues the position that the presented classification should be supplemented by another separate type - the transitional (transit) model of juvenile justice. As part of this model, it is proposed to further distinguish two subgroups: transit-administrative (Russia, Belarus, Azerbaijan, Tajikistan) and transit-judicial-centric (Ukraine, Kazakhstan, Georgia, Kyrgyzstan, etc.).