RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 16, 2004 No. 5

About practice of application by courts of Ukraine of the legislation on cases on crimes of minors

Studying of court practice on cases on crimes of minors showed that courts by consideration of such cases in general observe requirements of the legislation. At the same time there are also cases of inadequate accomplishment by courts of requirements of the law concerning conditions and procedure for hearing of cases of the specified category. Mistakes in case of application of the law on criminal liability of the minors who committed crimes and purpose of punishment are made by it. Not in all cases the reasons and conditions which promoted making of crimes properly become clear.

For the purpose of ensuring the correct and identical application of the legislation by hearing of cases on crimes of minors and remedial action and mistakes which are made by courts the Plenum of the Supreme Court of Ukraine DECIDES:

1. Courts should mean that by hearing of cases about crimes of minors they shall observe the terms of hearing of cases determined by the law and steadily provide fulfillment of requirements of the material and procedural laws which settle procedure conditions and the bases of involvement of minors to criminal liability and guarantees of their rights and legitimate interests are determined.

In case of production on such cases courts should be guided as general provisions of Criminal procedure and Criminal codes of Ukraine (further respectively - the Code of Criminal Procedure and UK), and the special regulations determining preliminary and judicial review of these cases (hl. 36 Codes of Criminal Procedure) and features of criminal liability and punishment of minors (section XV of the General part of UK).

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