TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukrainepunishment, including serving terms of imprisonment, for minors. Here thelegislators establish certain specific features typical of the penal process in thecase of children. This refers to the material and other everyday conditions, theregime requirement for prisoners, the specific needs when creating institutionsfor minors, additional guarantees when minors are released and someprovisions regarding their social adaptation at liberty. These norms are examinedin more detail in the analysis of specific legal institutions intended tosafeguard children’s rights.Criminal Procedure legislation sets out the court procedure in criminal cases;contains special norms with regard to minors and even an entire ChapterVIII “Proceedings in cases involving juvenile crime”. The provisions of the Coderegulate a number of issues for implementing criminal procedural law relatingto juvenile offenders, of which the following are most important:— resolving cases involving those who have not yet reached the age ofcriminal liability — 14 years;— identifying factors leading a minor into crime;— making sure the minor maintains contact with his or her family, and ensuringthe parents’ rights to communicate with the child even wherethe latter is being prosecuted;— ways of ensuring the minor’s right to legal assistance and defence;— the possibility of applying forced measures of an educative nature to aminor.In addition, the Criminal Procedure Code establishes the rule of inviolabilityof person (Article 14 of the CPC) “Nobody can be arrested other than on thebasis of a court ruling. The Prosecutor must immediately release anybody whohas been unlawfully deprived of his liberty or has been held in custody longerthan the term envisaged by law or by the court sentence”. In speaking of inviolability,the legislators have confined themselves to banning unlawful arrest.This version of the norm narrows the scope of the concept of inviolability andhas a number of failings in the legal framework for its achievement.The concept of inviolability in legal science is very well-developed. Thereare many definitions of this concept, each of which draws attention to a certainaspect of this many-faceted legal phenomenon. It receives different coveragedepending on the branch of law which the person investigating inviolabilitybelongs to. For example, representatives of the humanities within jurisprudenceplace the main accent on the fact that inviolability is the subjective right38