The Right to a Fair Trial in Juvenile Justice: Upbringing Aspect

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Author(s): Olha Balatska and Tetiana Lotysh

To cite this article: Balatska, O., and Lotysh, T. (2023). The Right to a Fair Trial in Juvenile Justice: Upbringing Aspect, Inequality, Informational Warfare, Fakes and Self-Regulation in Education and Upbringing of Youth, Youth Voice Journal Vol. IV, pp. 22-39. ISBN (ONLINE): 978-1-911634-81-2



The article is devoted to studying the realization of the right to a fair trial for minors in the context of their upbringing and further resocialization, the formation of legal culture. Certain aspects of the right to a fair trial in criminal proceedings about particular subjects have been analyzed in the article. It has significant consequences and a specific social resonance. Access to justice, proper motivation, and quality of court decisions are the main elements of the right to a fair trial for minors. Based on the analysis of scientific sources, Ukrainian and international regulatory legal acts, a study of educational aspects embedded directly in the structure of criminal proceedings and its fundamental guarantees, such as the right to a fair trial, was carried out. Also, the authors held a study of judicial statistical data and analyzed the state of justice for minors in Ukraine according to specific indicators (the number of proceedings received by local general courts on the crimes of children; the number of completed proceedings against juveniles; types and percentage ratio of coercive measures of upbringing nature applied to minors; the number of sentenced minors, their distribution by age category; the number of convicted children who studied; the number of sentenced minors who were not studying or working at the time of the crime; the number of sentenced juveniles who were registered with the internal affairs bodies; the number of children in respect of which verdicts were canceled and changed based on the results of the review in the appellate procedure) for the sample period (2017-2021).

Keywords: the right to a fair trial, access to justice, court decision, reasonableness, motivation, minors, upbringing of youth.

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