RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of February 27, 2004 No. 2

About application by courts of the legislation on responsibility for retraction of minors in criminal or other antisocial activities

Retraction of minors in criminal or other antisocial activities encroaches on bases of public morals in the field of development and education of the younger generation, harmful influences young people, creates for them the distorted reference points, imparts the asocial ideas, immoral views and skills, significantly influences crime rate of minors. The actions directed to retraction of persons which did not reach eighteen-year age in criminal groups in making of heavy or especially serious crimes are especially dangerous, and also that which are combined with the illegal address of drugs or weapon, using violence encroach on sexual freedom and sexual integrity of person.

Due to brought the correct application of the legislation on responsibility for retraction of minors in criminal or other antisocial activities, timely and high-quality judicial review of cases of such category is important means of prevention of crime. Courts of Ukraine generally observe requirements of the specified legislation, however in case of permission of such cases there are also cases of violation of both the material, and procedural law.

For the purpose of ensuring the correct and identical application of this legislation when implementing legal proceedings the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that according to Items 5 and 6 p.1 Art. 433 of the Code of penal procedure of Ukraine (далееУПК) by hearing of cases about crimes of the minors including made by them jointly with adults along with others shall be established and circumstances which negatively influenced education of defendants, and availability of adult instigators and other persons who involved them in criminal activities.

Courts also shall find out whether the fact that adults involved it in antisocial activities caused making by the minor of specific crime.

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