Peculiarities of the formation and application of the institute of diversion (diverting) of children from criminal justice in the Kyrgyz Republic-Reference-Cited by-同舟云学术

Peculiarities of the formation and application of the institute of diversion (diverting) of children from criminal justice in the Kyrgyz Republic

Published:2024-02-23 Issue:1 Volume:7 Page:124-134
ISSN:2617-4162
Container-title:Social Legal Studios
language:
Short-container-title:SLS

Author:

Sheishekeeva Gulnara,Smanaliev Kunatbek,Sydykova Zulaika,Ulan uulu Avakan,Toktomambetova Kyal

Abstract

Ensuring the rights and interests of juveniles involved in criminal activities is one of the priority tasks of the criminal justice system, but deprivation of liberty continues to be the most common punishment for children. The purpose of the study presented in this article is to determine the specifics of diversion (diverting) of juveniles from criminal justice and to consider the peculiarities of this legal institution in the justice system of the Kyrgyz Republic. The research employed both general scientific and specific legal methodologies, including logical-semantic, dialectical, abstract-logical, system-functional, historical, system-structural, comparative legal, and information legal methods. The study included consideration of the concept of diversion (diverting) of children from criminal justice, its difference from similar institutions (probation). The factors that determine the need for the earliest possible diversion (diverting) of a child from criminal justice, due to his or her age-related psychophysiological characteristics, were identified. International standards in the field of protecting children, particularly those related to the practice of diverting children from the criminal justice system, are considered. The main aspects of implementing international law on diversion of children within Kyrgyzstanʼs legal framework are identified and analyzed, alongside an examination of relevant provisions in national legislation. Drawing from the experiences of countries like Poland and Georgia, which have successfully implemented this legal mechanism, areas for potential improvement in the regulatory framework are identified. These include defining characteristics of the diversion process such as applicable stages, eligible offenses and age criteria for offenders, as well as the integration of mediation alongside diversion practices. Based on the results of the study, amendments to the national legislation of Kyrgyzstan are proposed, which can be used in the process of drafting bills to improve national legislation on juvenile justice and justice for

Publisher

Scientific Journals Publishing House

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