SECTION 2.
The results of NMP operation in Ukraine
151
when the term of detention as established in the earlier ruling of a judge has
expired and the prosecutor referred the criminal case to court.
Extension of the term of detention is possible at the stage of pre-trial investigation, while at the stage of judicial investigation suspects remain
in detention on the grounds of the referral of the criminal case to court,
which means that the term of detention is extended without a relevant
court ruling.
9. To amend the Criminal Code of Ukraine with regard to the possibility of applying compulsory educational measures for repeated offenses of minor or
medium gravity, with mandatory relevant rehabilitation.
The necessity of humanizing criminal liability for children rests on recommendations 83-85 of the Concluding Observations of the UN Committee on the
rights of the child (UNCRC) on Ukraine’s
consolidated 3d and 4th periodic national report on implementation of the
provisions of the UN Convention on the
Rights of the Child – specifically, “to ensure that the juvenile justice system in
practice diverges from a punitive to a
reparative juvenile justice system that
promotes alternative measures to deprivation of liberty”. Such recommendations also correspond with Article 40 of
the UN Convention on the Rights of the
Child, p. 5.1 of the UN Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules), and pp.
3.2 and 10.3 of UN Standard Minimum
Rules for Non-Custodial Measures (Tokyo Rules). These international standards were taken into account in the
Edict of the President of Ukraine “On the
Concept of development of the juvenile
justice system in Ukraine” (No. 597/2011
of May 24, 2011) that envisages a number of activities in this sphere, including such as “to ensure efficient justice
to juvenile offenders with account of
age, social, psychological, psychophysical and other features, … to establish
an efficient system of rehabilitation of
juvenile offenders for their correctional
education and re-socialization”.
10. To accelerate the establishment of the probation service, in furtherance
of the Concept of public policy in the sphere of reform of the State Criminal Enforcement Service of Ukraine approved by Edict of the President of
Ukraine No. 631/2012 of November 8, 2012, which will enable qualitative
reforms of the juvenile justice system.
11. To initiate a review of the use of the term “disabled person” in the domestic
legislation, specifically in the Laws of Ukraine “On the Fundamentals of Social
Security of Disabled Persons in Ukraine”, “On Social Assistance at the State
Expense to Persons Not Entitled to Pensions and to the Disabled”, “On Rehabilitation of the Disabled in Ukraine”, “The Fundamentals of the Health Care
Legislation of Ukraine”, etc.
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