Reforms of Juvenile Justice in the Republic of Azerbaijan

Matanat Pasha Asgarova

Reforms of Juvenile Justice in the Republic of Azerbaijan

Číslo: 10/2023
Periodikum: Path of Science
DOI: 10.22178/pos.97-18

Klíčová slova: juvenile justice; confidentiality; privacy; diversion; delay from serving punishment; release from criminal liability

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Anotace: The article covers the study of juvenile justice reforms in the Republic of Azerbaijan by international commitments. The report aims to substantiate the development of legislative proposals and recommendations on implementing international standards. The scientific and practical importance of the research consists of the potential to leverage results in improving the legislative activity and including separate definitions of scientific archival. As a result of the reforms, many international juvenile justice standards have been implemented in the national legislation. But even though Azerbaijani legislation meets international standards, some provisions require further detailed regulation. Such provisions include questioning minors, conditions of questioning, observation of confidentiality at all stages of the administration of justice, and application of the diversion. The author proposes the inclusion of provisions on release from criminal liability minors and delays from serving punishment to juveniles in connection with the application of diversion in criminal procedure legislation of the Republic of Azerbaijan, ensuring appropriate conditions for the interrogation of minors, confidentiality in the criminal justice phases, including the announcement and the execution of judgement periods. The author tends to favour the extensive use of delay in serving punishment to juveniles and considers that the minor's best interests are also required to continue his studies, professional training activities, etc. The requirements of the Code of Criminal Procedure of the Republic of Azerbaijan (from now on the CCP) on explanation of rights and responsibilities to party and other participants in criminal proceedings, as appropriate to their level of intelligence, life experience, education and other circumstances, recognition of the right to re-explanation, apply to the questioning of a minor. Considering the special training of personnel working with minors, the requirements are essential in administering justice.