RESTORATIVE JUSTICE FOR MINORS IN UKRAINE

IN TIMES OF PEACE AND WAR

Natalia Krestovska
National University “Odesa Maritime Academy”, Odesa, Ukraine
Natalia Krestovska, doctor of
juridical sciences, professor

Editor and co-author of the

first textbook on Juvenile
Justice in Ukraine, 2006
First doctorate thesis on
Juvenile Law in Ukraine, 2008
Coauthor of the popular
textbooks on Theory of Law
and History of Law
2.3 million children becoming refugees and
thousands of children forcibly deported to
Russia, 510 children killed and 1139 injured
Decline in juvenile delinquency is influenced by:
departure of of the child population
disruption of the juvenile police due to active hostilities,
The factors of changes in juvenile delinquency: increased poverty, the increase in
single-parent families and orphanhood, the destruction or change in the social
environment familiar to minors, and problems with the organisation of education.
 Legislation on criminal liability of juveniles

Minimum age of criminal liability - sixteen years.

Fourteen years old minors are criminally liable in case of
commiting intentional murder, intentional bodily harm, cruelty to
animals, sabotage, gangsterism, terrorism, hostage-taking, rape
and sexual violence, theft, robbery, looting, extortion, intentional
destruction of or damage to property, obstruction of
communications and means of transport, hijacking of vehicles and
hooliganism.
Children aged 11-14 are not criminally liable, but if they commit a
socially dangerous act, the court may impose compulsory
reformatory measures on them
 Reformatory measures

1) warning;
2) restriction of leisure time and special requirements to a minor's
conduct;
3) placing a minor under supervision of his/her parents or foster parents,
or school teachers or colleagues upon their consent, or other individuals
at their request;
4) obliging a minor, who has attained fifteen years of age and possesses
any property, money or has any earnings, to compensate any pecuniary
damages;
5) placing a minor in a special educational and reformatory institution for
children and teenagers until the minor's complete reformation but for a
term not exceeding three years.
 Legislation on restorative justice
1) the Criminal Code, 2001. "A person who has committed a felony or
reckless misdemeanour ... shall be exonerated from criminal liability if
he/she reconciles with the victim and compensates or remedies the
damage caused by him/her" (Article 46).
2) the Criminal Procedure Code of Ukraine, Chapter 35 "Criminal
Proceedings Based on Agreements" and Chapter 36 "Private Criminal
Proceedings". According to these provisions, agreements on
reconciliation may be reached independently by the victim and the
suspect or the accused, the defence counsel and a representative, or
with the assistance of another person as agreed by the parties to the
criminal proceedings (with the exception of the investigator, prosecutor
or judge) (art. 469).
 Programme for the recovery of minors suspected of committing a
criminal offence on the basis of the free legal aid system

The public prosecutor provide the free legal aid centre with relevant
information on the minor suspect and the victim in order to organise a
meeting of a specially trained mediator with the parties for VOM.
The prosecutor and the court consider the results of the VOM. The
prosecutor applies to the court to release the minor from criminal
liability. In most cases, the court grants the release.
The programme is useful not only for juveniles,
but also for victims, who can ask the offender
questions about their concerns (in particular,
whether the event will be repeated) and receive
compensation for damages