12.07.2015 Views

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenal influence, as well as the possibility of placing them in special institutions.3. Representatives of enterprises, institutions and organizations can alsotake part in the court proceedings.This possibility is also aimed at exerting additional influence from thepublic on the minor and is not aimed at a clear direction towards assistanceand support for the minor. They can rather have another effect, — increasinga sense of guilt.4. The court may reduce the harmful impact on the juvenile defendantwhich could be caused by the studying and examination of certain circumstancesby removing the defendant from the courtroom. This is possible oncondition that such a view is held by the defence counsel, legal representativeor the Prosecutor.In these cases the court has the right to issue an order removing the youngdefendant from the courtroom while circumstances are examined whichcould have a negative impact on him or her. If the circumstances which wereexamined in the absence of the young defendant are linked with the chargesagainst him or her, the presiding judge informs the defendant of them afterreturning him or her to the court hearing.5. The law envisages the use of coercive measures of an educational naturewith respect to the minor.When the court in examining a criminal case concludes that there is a possibilityof reform of the juvenile who committed a crime of little or mediumseriousness, it issues a decision and the judge a ruling closing the criminal caseand decides to apply one of the following forced measures of an educationalnature with respect to the minor:— a warning;— restriction of leisure time and imposition of special demands on theminor’s behaviour;;— handing the minor over to the supervision of parents or people substitutingthem, or under the supervision of an educational or work teamat their consent, as well as of specific members of the public at theirrequest;— ordering a minor who is 15 or over and has property, money or earnings,the to pay compensation for the property damages caused;57

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