Translated material
Court and childhood
As in Russia, minors of 16-year-old Pavel Mashurov were judged when he sold his friend to his anabolics for 300 rubles. Serious men in civilian clothes twisted their hands and took to the IVS. The operation "fishing for live bait" was a success: at first the comrade persuaded Pasha to sell him a forbidden drug, and then handed over the seller to the opera from the drug control department. For the sale of potent substances, Pavel Mashurov threatened up to three years in prison. But the young man was lucky: his case was in the Juvenile Court of Taganrog - one of the two juvenile vessels in Russia specializing in minors.The first to get a criminal case of Pavel Mashurova was a judge’s assistant to the functions of a social worker Irina Ivankovich, who, in its position, is engaged in preliminary preparation for processes. First of all, she brought in certificates about the teenager’s family through a minors' commission (KDN). “I found out that Pasha’s mother died of cancer when he was little,” says Irina Fedorovna, a woman of about 50, with good eyes and a quiet voice. “The boy has a disabled father who does not drink good. But he could not work for his health. Despite family problems, Paul entered the Taganrog College for a budget place, studied at a legal entity, and after lectures he mastered the Greco-Roman struggle at the Olympic reserve school. The ill -fated anabolics (a potent drug, which is released only according to recipes due to negative side effects on the body in case of improper dosage. - “newspaper”), the young athlete went into a completely legitimate way: they were prescribed by the doctor after Pasha stretched the muscle in one of the training. The injury healed, and the tablets remained. When a friend asked to sell, Pasha immediately agreed. For them with their father and 300 rubles money.
Juvenile courts of courts consider criminal cases where minors are accused - from 14 (the age of criminal liability) to 18 years. Juvenile judges also make decisions on civil disputes, which affect the interests of children and adolescents. As a rule, these are cases of divorces, deprivation of parental rights and division of property. At the request of commissions for minors and guardianship authorities, juvenile courts also appoint educational measures to young offenders, including not reaching the age of 14. To date, two juvenile vessels are working in Russia - in the mines and Taganrog of the Rostov region. In several regions there are judges who specialize in minors.
In 2004, the Shakhty court examined 99 criminal cases against adolescents, from January to May 2005 - 55 cases. Over the same period of time, the Juvenile Court of Taganrog examined 109 and 40 cases, respectively. A decrease in the amount of cases, according to Rostov judges, proves the effectiveness of juvenile justice.
Court without a mantle
The process in the juvenile court - the court for young - differs from the usual even externally. In order not to put pressure on the psyche of the young defendants, the judge never puts on the mantle, and the prosecutor - form. True, in honor of the arrival of the correspondents of the "newspaper", the state prosecutor Elena Biryulina nevertheless put on a blue uniform. “The boss ordered: journalists from Moscow will come to be in shape,” she explained embarrassedly. - We are obliged to walk in the form of the charter. There is no law on juvenile courts. We ourselves are slowly showing the initiative. ” It’s good that on that day the process ended quickly. The case of two 15-year-old friends, mocking a 10-year-old boy, was returned to the prosecutor to eliminate technical errors, so that Elena Biryulina did not manage to scare the children with a strict prosecutor's look. For the same sparing reasons, there are no cells and escorts in the halls of the meetings. The offenders are sitting at a low wooden partition resembling a pulpit. And the prosecutor and lawyer - at one table of intricate form, adopted from the Canadian juveniles. The general table should contribute to the unification of the participants in the process for good purposes. Behind him there is also a place for the performances of victims and witnesses, exactly between the defender and the prosecutor. The judge calls teenagers exclusively by name, avoiding the appeal "defendant".
In the corridors of the court, too, everything reminds of childhood. On the walls, the paintings written in frames in the frames hang, in which boys and girls draw, read, or do another peaceful thing. Near stands with different useful pedagogical information for children and their parents, almost like at school or kindergarten. In the Juvenile Court of the city of Shakhty, the Rostov Region - the second and so far the last Juvenile Court in Russia - propaganda has been established even better. At the entrance to the court, a glass showcase on the wall with bright photos inside is immediately striking. In the pictures, children play football, ride bicycles and skateboards. The Shakhty court is famous for its reconciliation room and even a separate bench. “Halfs of the bench to the center, therefore, when the defendant and the victim sit down, they involuntarily slide closer to each other,” Vladimir Zlatykh is proud of the innovation. “The goal of juvenile justice is to find a replacement for criminal punishment in conciliatory or educational procedures.”
Which is not prohibited, it is allowed
The first in modern Russia the juvenile compositions of courts appeared in Rostov in 2000 thanks to the United Nations Development Program (UNDP). For three years of the Oonov experiment in all eight district courts of Rostov and six ships in the region, juvenile judges were appointed, and they were in support of assistants with the functions of social workers. Foreign colleagues constantly consulted novice Rostov juveniles, supplied methodological manuals, shared their own experience. The experiment ended in 2003, and juvenile judges remained. Moreover, in March 2004, a separate building of the Juvenile Court in Taganrog opened, and in September 2005 in mines. In the near future it is planned to open a court in Yegorlyk. Moreover, Rostovites achieved all this on their own. On the development of juvenile justice, says Vladimir Zlatykh, the federal budget did not spend a penny. Since the Russian judicial system does not include the very concept of juvenile justice and there is not a single relevant law, there is no financing. “We use the reserve we have,” says golden. - We did not increase the number of judges or assistants. These people worked for many years in our courts and only then retrained in Juveniles. The buildings of the courts in Taganrog and Yegorlyk, the local administration provided to us by the furniture in them. The Shakhty court is located in the extension to the city court. To be honest, we opened the courts in those cities where local authorities could help the premises. Such courts are needed in Rostov itself, but so far it is unrealistic. Strictly speaking, we cannot even call them juvenile, because we do not have a law on juvenile courts, which means there should not be courts. Therefore, they are officially called juvenile compositions in the cases of minor courts of general jurisdiction. "
The so-called "children's" judges are also in Bryansk, St. Petersburg, Moscow and several more regions. In the capital, the Juvenile composition is available in the Cheremushkinsky District Court. The specialization of the rest of Themis, as a rule, was formed spontaneously. “If the judge examined the cases of minors a couple of times, then the chairman will slip them to him by the end of the day,” Svetlana Pakhomova, a development specialist of the Rostov branch of the Russian Academy of Justice, was getting excited. The fact that photographs, information stands and even a bench of reconciliation appeared in the Shakhty court, which is so proud of Vladimir Zlatamy, the merit of Svetlana and the students of the Academy. The principle “that is not prohibited is allowed,” she exclaims.
The bill “On Juvenile Justice” has existed for a long time, but first it is necessary to amend the FKZ “On the Judicial System of the Russian Federation” about the very concept of juvenile justice. The corresponding bill was considered by the State Duma back in March 2003, but he did not advance further than the first reading. “The deputies do not want to adopt the law,” Vladimir Zlatykhi carefully criticizes the parliamentarians. “Probably believe that juvenile courts are not of paramount importance. The Law on Beekeeping is much more important, ”the official laughs.
Children - in a cage
Since there are no cells and convoys in juvenile ships, processes on serious crimes, when the defendants are in custody, do not pass in them. The so -called adventure cases are considered in the building of the Taganrog City Court. But even the judge Bykin and his assistant Ivankovich go to such processes. “I almost have no opportunity to communicate with the children arrested for murders,” Irina Ivankovich says regretfully. “But I meet with their parents and psychologists in order to make a psychological portrait of these guys. In turn, the judge, in addition to punishment, tries to appoint educational measures, for example, sessions with a psychologist in a colony or simply gives a lesser term.” Of course, humane juvenile justice should not go beyond the criminal code. True, the Criminal Code provides many concessions for young criminals. One of the most significant - a teenager cannot be deprived of more than ten years. “And there are such minors who deserve life imprisonment,” said Andrei Naumov, judge of the Moscow Regional Court. He had to chair the processes of minors, so he knows firsthand about their "pranks". Sometimes from the "children's leprosy" naturally crushes blood in the veins. One of the most cruel criminal groups, according to Andrei Naumov, consisted entirely of 14-15-year-old boys and girls from Orekhovo-Zuevo near Moscow. On their account was the murder of five people, rape, arson of school and theft. All crimes were distinguished by causeless cruelty, in other words, they were committed just for fun. The instigator was 15-year-old Sasha Lobanov, previously twice convicted of theft and was allowed to bail the guardianship authorities. “The verdict was in the summer of 2003. I appointed him the maximum term - ten years,” says Judge Naumov. “He will be released at 25 years old, in full forces, with life experience learned in the colony. What, in your opinion, will he do? I do not exclude that he will begin to kill again.”
“You don’t transplant everyone,” the juvenile judge Taganrog Vitaly Bykin calmly objects to this. “Psychologists have long established that a person has a maximum of three years, then guilt is dulling, and after five years the offender is only embittered. Just every minor should have his own approach.”
“In the USA, for example, where juvenile justice has existed since the end of the 19th century, by some categories of minors are judged as adults,” says Lyudmila Neca, associate professor of the criminal procedure law of the Moscow State Law Academy (MGU), “in some states for murder, rape, and teenagers trafficking are punishable Mature criminals.
"Mommy! Without you, the white light is not sweet to me"
“Most minor offenders are good children with normal values,” is convinced by the director of the Rostov Regional Psychological, Pedagogical and Medical -Social Center for Ministry of Education Larisa Chausova. “According to our survey, 85 percent of adolescents consider their main values love, family, work. These children need to help get out of a crisis situation - but there is no one.”
17-year-old Vika Rachinskaya from Tsimlyansk was convicted of robbery. The court sent it to three -year re -education to a special educational school of a closed type (SOSHZT) of the village of Mankovo, Rostov region. In fact, this is a regular educational institution of the full day, only children come here not of their own free will. Staying at school is an educational measure that the courts are appointed to offenders aged 11 to 18 years. According to the law, adolescents cannot be here for more than three years. Grief criminals rarely get into school - only if they are less than 14. The killers and rapists who have reached the age of criminal liability are sent directly to the colony. The deadline for Vika at school expired in early February, but the girl wanted to stay to finish the ninth grade. The leadership of the school and the court went to meet the pupil. “I have changed a lot,” Vika says with conviction. “I used to study very bad. I didn’t study, fought on the street, robbed. I got to the pen. But now I’m making such plans: I’ll finish the hairdresser courses and open my beauty salon. I put it tightly on myself.” Vika has a mother who was deprived of parental rights for drunkenness twice, and a 15-year-old sister. “I really offended my mother,” the girl is worried. - In court, when I was asked what I miss, said: parental attention and warmth. But my mother also offended me. All the time I was reproached by the fact that I looked like my father. But I have never even seen him. ” Now Victoria is studying on one fourth, is engaged in a vocal circle, draws, participates in all holiday school events. For the second year in a row, Baba Yaga has been playing on the New Year's matinees. She also writes poetry that she dedicated to mom and sister. "Mommy! Without you, the white light is not sweet to me / Mommy! Without you, our house has cooled down / Mommy! You are for us like a clear sun / mommy! You are not more beautiful in the world, ”the young poetess recites with a feeling. In parting, she gave the newspapers to correspondents of the “Gazeta” with her works and took our addresses. “I will write to you,” the former robber promised.
All children, without exception with whom I managed to talk, like at school. “Is everything good? Maybe educators offend? - I served. “Do not be afraid, I will not write your names.” “I like everything,” the 14 -year -old Sasha simply said from the village of Bolshaya Martynovka, and there was no doubt about his sincerity. - Here they are engaged in us. In a regular school, the teacher will put a deuce, and go walk. And here the educators make sure that I teach homework. I fell in love with mathematics. ”
Black Cype in nature
“We have not faced the following question for a long time: or not juvenile courts are needed. We are just working, ”Vladimir Zlatykh, deputy chairman of the Rostov Regional Court, calmly states. - The result is obvious: every year the number of minors' crimes is reduced, related to the relapse almost disappeared. "With the advent of juvenile vessels in the life of the director of the special school Mankov, Vladimir Tishchenko has changed little. He has been managing the school since 1998, and now he has 97 pupils, of which there are 10 girls." Before sending them home, we are calling for the local commission of We receive a confirmation of the cases of our children or to study, - says Vladimir Nikolaevich. So, right away, Vladimir Tishchenko was able to recall only one girl by the name of Mikhailov, whose story was successful at the end of his stay at the school.
With warmth, educators recall two former students Seryozha and Grisha. Sergei died in Chechnya, Gregory - in Afghanistan, saving his commander. A letter from a military unit came to the school address with words of gratitude for the education of the hero. Судьбы этих мальчиков не назовешь счастливыми. Зато они не вернулись на улицу, к воровству или чему похуже. Педагоги ими гордятся еще и потому, что больше особо гордиться некем. Покидая школу, ребята обещают жить честно, ходить в школу и помогать непутевым родителям. «Я буду учиться», - серьезно говорит Саша. «Я стану заботиться о маме и сестренке», - дает слово Вика. В эти минуты подростки верят, что так и будет. Но возвращаются они в грязную квартиру, к вечно пьяной матери, пустому холодильнику и нищете. При виде такой картины и у взрослого человека опустятся руки, что уж говорить о ребенке. В эти самые трудные моменты им как никогда нужна поддержка. «В Америке есть службы пробации, которые занимаются профилактикой преступлений несовершеннолетних, подготовкой к процессам и последующей реабилитацией малолетних правонарушителей, - рассказывает доцент МГЮА Людмила Нека. - Они буквально водят детей за руку в школу, трудоустраивают и постоянно навещают их дома». Тем же самым у нас должны заниматься комиссии по делам несовершеннолетних. Но что могут сделать несколько работников, а в Ростове вообще один, на целый район, где живет орава таких трудных подростков? Также имеются органы опеки и редкие психолого-педагогические центры. «В этом году, говорят, на наше содержание вообще денег не дали, - смиренно улыбается директор одного из таких центров Лариса Чаусова. - Так что, может, нас вообще закроют. У нас в центре всего около 60 педагогов, а работают они со всеми ростовскими подростками. В Германии, например, где я была на стажировке, борются за каждого несовершеннолетнего. От нас же требуют количества. Наверное, поэтому и результатов нет. А ведь один спасенный ребенок - уже победа». Не умея бороться, Вики и Саши вновь идут воровать, грабить и убивать. Об их судьбах становится известно благодаря регулярным запросам следователей и судей, признает горькую правду Владимир Тищенко. «Просят выслать характеристику то на одного, то на другого воспитанника, оказавшегося на скамье подсудимых, - вздыхает директор школы. - После суда их уже отправляют не к нам, а в колонии".
Такой вот круговорот детей в природе: улица - суд - спецшкола - улица - суд - колония - улица - суд и т.д.
20 марта в Госдуме прошло заседание "круглого стола" с участием представителей Верховного, Ростовского и еще некоторых региональных судов, Генеральной прокуратуры и думского комитета по делам женщин, семьи и детей. Единодушно решили добиваться второго чтения законопроекта о ювенальной юстиции, но как, пока непонятно. Очевидно одно: без радикального реформирования всех организаций, которые должны заботиться о безнадзорных детях, от ювенальных судов большой пользы не будет.
22.03.2006 / Елена Московкина Материал опубликован в "Газете" №49 от 23.03.2006г.