Soulmate Gem
Soulmate Gem
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Under current Russian legislation, the age of majority is 18 years; a child marrying before the age of 18 is considered to be an adult as of the time of marriage (Civil Code);
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Read More »3. State Party Reports Russian Federation [Parts of State party report relating specifically to relevant legal minimum ages, and articles 37 and 40] (...) II. Definition of "child" in laws and regulations (para. 12 of the general guidelines) Article 1 45. Under current Russian legislation, the age of majority is 18 years; a child marrying before the age of 18 is considered to be an adult as of the time of marriage (Civil Code); (...) the minimum age for purposes of criminal liability is 14 years (Penal Code); the minimum age for purposes of deprivation of liberty is 14 years (Penal Code); (...) No statutory minimum ages apply to other aspects of the Convention. (...) IV. Civil rights and freedoms (para. 15 of the general guidelines) (...) The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; Abuse and neglect; Physical and psychological recovery and social reintegration Articles 37, 19 and 39 86. According to various educational bodies and departments of the Ministry of Internal Affairs and the Public Prosecutor's Office, instances of cruelty to children are increasing. Children are being subjected to incorrect methods of upbringing and to humiliation, sometimes involving mental and physical violence, within the family, at kindergartens and other pre-school institutions, in schools and technical training establishments, children's homes and other boarding institutions, and at special educational institutions. They are sometimes maimed or fall victims to various forms of criminal assault. Particularly alarming is the fact that the victims are mainly younger children: about 30 per cent of the children hospitalized because of ill-treatment are infants less than a year old; another 30 per cent are below school age and the remaining 40 per cent are of school age. In order to escape ill-treatment, some 50,000 children run away from home every year, and close to 20,000, from children's homes and other boarding institutions. 87. The criminal legislation of the Russian Federation makes the gravest forms of cruelty to children (beating, torture) indictable offences. For other forms of cruelty to children, the law provides for disciplinary action against the culprits. 88. In support of the principle of the inviolability of the person of children and adolescents, steps are being taken to strengthen the sanctions applicable when children are subjected to impermissible treatment. The draft of the Russian Federation's new Criminal Code sets higher penalties for torturing minors and makes other forms of cruelty to children by persons on whom the children are dependent (in particular, the staff of child care institutions), and failure to fulfil obligations to protect children's lives and health, into criminal offences. A decision passed by the USSR Supreme Soviet on 12 April 1991 regarding immediate measures to halt the promotion of pornography, the glorification of violence and cruelty was also intended to check these problems. 89. The physical and psychological recovery and reintegration of children who have been subjected to ill-treatment are dealt with case by case by health care organizations, departments of the Ministry of Internal Affairs and Educational Bodies. (...) IX. Special protection measures (para. 23 of the general guidelines) (...) Children in conflict with the law The administration of juvenile justice Article 40 155. In accordance with the Penal Code in force in the Russian Federation, individuals who commit a crime after reaching the age of 16 are criminally liable. For the most dangerous crimes, criminal liability begins at the age of 14. 156. A court, the prosecutor and, where the prosecutor so agrees, the investigator, may drop criminal proceedings against an individual under 18 who has committed an act prima facie constituting a crime but representing no great social danger, and refer the matter to a commission on minors, if the circumstances of the case and the personal characteristics of the offender are such that correction is possible without resorting to criminal punishment. The court can order compulsory non-penal educational measures. 157. In addition to a lawyer, a parent or teacher may be present during the interrogation of a minor accused of a crime. Proceedings in cases involving minors are governed both by the general rules of criminal procedure and by special provisions relating only to minors which are set forth in the Code of Criminal Procedure now in force. The age of the minor, his domestic circumstances and upbringing, motives and circumstances contributing to the commission of the crime and the possible involvement of adult instigators must be established in criminal cases. 158. As part of the judicial reform now being carr_ed out in the Russian Federation, the Convention's provisions on protecting the best interests of the child are to be applied in the administration of juvenile justice. Drafts of a penal code, a code of penal administration and a code of criminal procedure are currently being discussed in the Supreme Council of the Russian Federation. The criminal liability of individuals committing crimes before the age of 16 has been significantly reduced. The court must take account of the accused's age as a mitigating circumstance. At the same time, it is entitled to consider as an exacerbating circumstance the commission of a crime against a minor or with a minor as accomplice. An individual who commits a crime before reaching the age of 18 may not be sentenced to more than 10 years' imprisonment. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings Article 37 159. In the Russian Federation, no one may be arrested other than by court order or with the approval of the public prosecutor. Arrest consists in detention in custody. Arrest and detention in custody may be used against minors only in exceptional circumstances, when justified by the seriousness of the offence committed. 160. The draft code of criminal procedure now being discussed by the Supreme Council would for the first time permit an appeal against arrest to be lodged with the courts, and would permit detention in custody and imprisonment exclusively on the basis of a court order. A lawyer would be allowed to become involved in judicial proceedings from the moment an individual was detained or arrested. The assistance of an interpreter in cases involving minors would be provided free of charge. The intention is also to establish that the legal representative of a minor is entitled to be informed of the charges against the accused, to submit petitions and challenges, present evidence and look over all the case documents upon completion of the preliminary investigation. At the same time, the investigator retains the right to prohibit the involvement in the case of a child's legal guardian if there are grounds for supposing that this might harm the child's interests. The sentencing of juveniles, including in particular the prohibition of capital punishment and life imprisonment Article 37 161. Under the existing criminal legislation, deprivation of liberty in the form of incarceration is not to be used against minors. The draft penal code now before the Supreme Council of the Russian Federation likewise does not provide for the application to minors of deprivation of liberty in the form of incarceration. A minor sentenced to deprivation of liberty may remain in a prison with the approval of the public prosecutor of a region, territory or autonomous republic only if an offence committed by another individual must be investigated. The period of incarceration must not exceed two months, or with the approval of the Prosecutor-General of Russia, four months. 162. Individuals who at the time of the crime were under 18 years of age may not be sentenced to capital punishment. 163. Russia's criminal legislation indicates that the purpose of punishment is not to inflict physical suffering or to undermine human dignity. To protect the life and dignity of children, it makes ill-treatment of minors a punishable offence. 164. Contrary to the requirements of the Convention, the regulations concerning commissions on minors that are in effect in the Russian Federation to this day enable such commissions to declare children and adolescents guilty without a sufficiently thorough analysis of the evidence and to assign them to special educational and correctional institutions: in other words, to deprive them of their liberty. A Bill on family and juvenile courts has been prepared in order to end such anomalies. Once it is adopted, only the courts will have the right to make such rulings. 165. Experts have likewise developed proposals on new ways of working with children who have broken the law. Centres for the correction of personal development and behaviour, for pedagogical rehabilitation and for readaptation are being established. They have already begun to function in many parts of the Russian Federation. There are in the country 59 educational labour colonies spread out over 47 regions. As of 1 January 1992 they housed 20,500 convicted minors, of whom 1,020 were female. Over 19,000 offenders enter the colonies every year. The absence of educational labour colonies in 9 republics and 16 regions of the Federation means that large numbers of minors sentenced to deprivation of liberty (13,000 adolescents every year) have to be transported to colonies further away. They are thus deprived of the opportunity to see their families, pursue their studies in their native language, and maintain their accustomed ways and national and religious traditions.
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