At a regular session of the Synod of the Ukrainian Orthodox Church-Moscow Patriarchate (UOC-MP) on May 28, 2010, its members passed an address about the possibility of introducing a juvenile justice system in Ukraine.
Part of the address is posted below:
Address of the Holy Synod of the UOC
On the possibility of introducing a juvenile justice system in Ukraine
For several years there has been a dispute in our society regarding the possibility of introducing in Ukraine of a juvenile justice system, i.e. a separate system of legal proceedings for adolescents. This idea incited a negative reaction on the part of many Orthodox faithful and political leaders. Thus, in March 2009 a similar draft law was rejected by the Supreme Council (Verkhovna Rada) of Ukraine. Then the people's deputies, worried by possible negative consequences of the draft law On the Nation-Wide Program "National Plan for the Realization of the UN Convention on the Rights of the Child" Until 2016, which worked out on an order of the Decree of the President of Ukraine Victor Yushchenko of 11.07.2005 № 1086 "On the priority measures for protection of the children's rights" (registration number 2570)," removed from it paragraph 4.9, in which the draft of introduction of a juvenile justice system in Ukraine was outlined.
On March 16, 2010, in accordance with the Order of the Minister of Justice of Ukraine, a working group for introducing a juvenile justice system in Ukraine was set up (Order № 198/7). As it was mentioned in the given order, this group was set up to elaborate the modern system of juvenile justice to decrease the crime rate among young people and improve the protection of their rights and interests.
Indeed, lately we have observed a significant growth of the number of crimes among the children and teenagers in Ukraine. It requires not only the effective measures for opposing this regrettable phenomenon on the part of the state authorities, but preventing child and juvenile crime. However, judging by the experience of countries trying to decrease criminality among the youth, the structures of juvenile justice not only fail to improve the situation, but even can make the situation worse. Thus, in France, which was the first in the world to introduce such a system, there were the most large-scale youth disorders in the countries of the European Union, since due to the juvenile justice the underage criminals were left practically unpunished.
Besides, the experience of the Western countries, where the juvenile justice have functioned for many years, testifies that it leads to significant increase of empowerment of courts and social services that actually get sanctions to interfere into family matters and gain control over parents. At that, such interference may be executed also on the grounds of judicial recourse by children themselves. Opposing the rights and interests of a child to those of parents and the family on the whole brings about a danger of ruining the traditional notion of family. This is the aspect of juvenile justice that excites sharp controversy in the Ukrainian society.
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The Ukrainian Orthodox Church recognizes the necessity of children protection from possible violence, on the part of parents as well. At the same time we found quite understandable the anxiety of common believers and the Supreme Council of Ukraine that introducing a juvenile justice system may incur danger to the institution of family. Active interference into family relations on the part of judicial bodies and public and social organizations may have negative consequences, to which testifies experience of functioning of the system of juvenile in other states.
It is important to keep in mind that today there is no common system of juvenile justice in the world. In every country the system of legal proceedings regarding minors and the system of child protection have their own peculiarities, conditioned by historical and cultural traditions of different countries. Therefore, in the process of reforms in the field of justice, the native experience should be taken into account first of all in Ukraine. Now in our legislation there are enough norms to punish parents-offenders and juvenile criminals.
May 28, 2010
† Volodymyr,
Metropolitan of Kyiv and All Ukraine,
Primate of the Ukrainian Orthodox Church
Members of the Holy Synod