Problems of the application of restorative justice under martial law

Abstract

Ensuring proper protection of child rights, in particular the right to safety, is a component of the process of Ukraine’s integration into the European Union and an important direction of the state's legal policy. In the modern world, the attention of civil society and state authorities to the problems of creating a favorable, humane, safe environment for the development and socialization of minors is increasing.
The child right to safety is implemented, in particular, through the functioning of the juvenile justice system. Thus, through the application of restorative justice, which is a part of juvenile justice, the child gets the opportunity to reduce the time of communication with law enforcement agencies and the court, which is a traumatic experience for him or her, to avoid criminal responsibility and to take the path of correction.
The article examines the practice of the application of the rehabilitation program for minors who are suspected of committing a criminal offense.
In particular, the procedure of the application of the program, the conditions under which this program can be used, the consequences of its application, and the problems that make it impossible to use it under martial law are highlighted.
It is concluded that the rehabilitation program is an alternative to the punitive approach when bringing a minor to responsibility for committing a criminal offense, which, as many years of experience show, is ineffective. Its successful application is an important component for ensuring the child right to safety, particularly psychological, in the juvenile justice system. Despite the positive three-year experience of implementing the rehabilitation program in Ukraine, today the program cannot be fully implemented due to the introduction of martial law and to the amendments to the Criminal Code of Ukraine, which necessitates the reform of criminal legislation in this area.