TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukraineby the head of the criminal pre-trial inquiry body to conduct pre-trial investigationsof minors. Although the formal features of this regulation resemblesthe requirements of international regulations, it is still unclear andobscure.The nature of the new redaction of the Article 484 of the Criminal ProceduralCode of Ukraine does not permit unambiguous conclusion about thestatus of the investigator specifically authorized by the head of the criminalpre-trial inquiry body to conduct proceedings in relation to the child. The currentprocedural law actually allows for cases where the investigator may be“specifically authorized”, e.g., by the order of the chief law enforcement agencyto conduct proceedings concerning the child. The law specifies no requirementsfor training, qualifications, and experience of such officer. Such regulationof the specific proceedings against children cannot be considered acceptable,because, in fact, the law contains no specific requirements for themain subject of procedural relations.We believe that it would be true to follow uniform provisions in the regulationof such legal relationships. In particular, there should be standard requirementfor all officers and employees, who work with minor delinquents,determining mandatory existence of certain qualifications (maybe even postsecondarytraining) and experience of working with children. Based on theexperience of other countries, where such institutions are currently operating,one could argue that it will contribute to the quality of child treatment andprocedures for their prosecution.2. The Beijing Rules as one of the main international instruments regulatingthe legal status of children in the performance of criminal proceduresrepeatedly indicates that all proceedings and actions should be organized sothat they disturb as little as possible the normal way of child’s life. The newCriminal Procedure Code also reflects these regulations. The legislator in part2 art. 484 of the Criminal Procedure Code of Ukraine resorts to the instructionthat all procedural steps should be carried out in a way that minimally violatesthe normal way of life of a child and corresponds with her/his age and psychologicalcharacteristics.Given that the CPC is, so to speak, the final national regulator of criminalprocedural legal relations, such redaction of the law is inadequate. The furtherarticles of chapter 38 “Criminal proceedings against minors” do not containany provisions that would develop this general requirement, or clarify its practicalvalue for criminal judicial procedures.78