TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukraineformulate specific measures that are already known to practitioners and bearfruit.Maybe while creating an independent system of juvenile justice this unitand all other bodies and institutions created for children should be put out ofthe MIA of Ukraine.2. The subject of legislative initiative suggests in the bill a new versionof the definition of preventing administrative and criminal offenses amongchildren.Unfortunately, the proposed revision of the article contains almost no specificpreventive measures or methods of prevention and includes no meaningfulnovelty compared with the existing legal provisions. The subject of legislativeinitiative limited himself to abstract indication of the fact that preventionis aimed at identifying the causes and conditions that make children to commitadministrative and criminal offenses. However, the current version of thearticle in this section specifies the same. Considering the inefficiency of thisrule today, one can deduce an inference about the same inefficiency of theproposed revision of this article.In addition, we believe that preventive measures should not be limited todetermining the causes and conditions that make children commit administrativeand criminal offenses. It might be more advisable to formulate in article3 of the Law of Ukraine “On agencies and services for children and specialfacilities for children” specific areas of prevention activities; for example, lectures,discussions, social welfare for children, creating groups and clubs forhigh-quality leisure for children etc. And if this unit is made responsible forpreventive function, it would be appropriate to create its structures outsideof MIA of Ukraine.3. Today the Law of Ukraine “On Militia” does not contain provisions thatwould identify any particular features of detention of persons over 16 years.This leads to the fact that a child under 16 years old, who was left withoutpatronage or who committed socially dangerous acts, in accordance withparagraph 3, point 5 of article 11 of the Law of Ukraine “On the Militia” may bearrested eventually for no more than 8 hours, and the children of another ageare apprehended on general grounds, as well as adults.The Ministry of Internal Affairs of Ukraine proposes to limit the period ofdetention of children less than 18 years of age by three hours.It seems appropriate to make reference in the Law of Ukraine “On Militia”that such apprehension is carried out in the manner prescribed by the Crimi-86