KDN are commissions for the affairs of minors and the protection of their rights. The main tasks of KDN and ZP

In Russia, the protection of the interests of minors is given special attention. In addition to the children's ombudsmen, the committees on juvenile affairs and the protection of their rights work in the regionsKDN). These structures are permanent. Their legal status is fixed in Federal Law No. 120. The direct activity of the commissions is regulated by regional legislation.

Legal status of the KDN

In Federal Law No. 120, in the system of preventing neglect and juvenile delinquency, in the first place KDN and ZP. The commissions coordinate and supervise the work of other bodies and institutions that are part of the system:

• Social protection.
• Management in the field of education.
• Wardship and guardianship.
• Health management.
• On youth affairs.
• Internal affairs.
• Employment services.
• Control of turnover of narcotic, psychotropic substances.
• The penitentiary system (special schools for "difficult children", educational colony, investigative isolators).

Powers of commissions are fixed in the Federal Law № 102, Administrative Code and other normative acts.

Changes in legislation

In 1999, the above-mentioned Federal Law No. 120 was enacted. One of the drawbacks of the normative act is the lack of a fixed three-level system KDN and ZP. At the same time, by repealing the previous procedure for forming commissions by municipal bodies, the legislator did not propose new rules.

In 2013 the Government Decree No. 995 approved the Regulations on commissions for minors. Law No. 120, like the Resolution, however, does not contain references to the Government KDN, that is, the body formed at the federal level. About it is spoken in the Decision from 2006 № 272.

CAO

The Code provides for three types of commissions: city, district and District KDN in cities. In the Code of Administrative Offenses, these bodies are classified as collegiate administrative.

In part 1 of Art. 23.2 of the Code, in particular, it is said that the city (district), as well as the district in the cities of the KDN, are authorized to review cases of offenses committed by adolescents, as well as cases of violations provided for in Articles 5.35, 20.22, 5.36, 6.23, 6.10 of the Administrative Code.

In a number of municipalities, a warning neglect and juvenile delinquency is carried out within the framework of the Administrative Code, taking into account the established practice of resolving cases. This once again confirms the absence of a clear and unified mechanism for the realization of the rights of minors.

Appointment

In the functional plan KDN is structures designed to implement measures to prevent delinquency, prevent the neglect of minors. The commissions are also called upon to promote and protect the rights of adolescents.

In fact, KDN is executive body, i.e., administrative structure, endowed with state-power authority. It is to such institutions that the Constitution imposes an obligation to implement measures to ensure legality, protect freedoms and citizens' rights, protect property, and combat crime. Given the seriousness and unity of the coordinating function in the work of KDN and ZP, the dispersal of tasks between structures of a different legal nature seems to be inexpedient.

According to a number of experts, commissions by their nature are neither public nor state bodies. The authors believe that they can not be attributed to any branch of power. KDN is special education with powerfulauthority. However, their competence does not go beyond the system of prevention. Accordingly, the commission can be considered as an organ, but not related to the state power. It is necessary to ensure the functioning of the prevention system, the organization of processes that are oriented toward the implementation of the tasks assigned to it.

Features of functioning

One of the areas of work of the KDN is executive-administrative activity. It manifests itself within the framework of the implementation of competence.

The activity is aimed at fulfilling the tasks,set before the commissions, set forth in presidential decrees, federal legislation, government regulations, normative documents of regional and municipal levels.

The main tasks include:

• Providing a unified approach to problem solving prevention of juvenile delinquency in school and other educational institutions.
• Protecting the interests and rights of adolescents throughout the territory of the Russian Federation.

Management tasks

Formed in the Russian Federation system KDN, carrying outinter-sectoral coordination, is the subject of management. The object of both the administrative-political and social sphere is the activity of the institutions and bodies of the system juvenile delinquency prevention in schools, other educational institutions in the family. It includes:

• Implementation of measures to protect and restore the interests and rights of adolescents.
• Identification and elimination of conditions and circumstances contributing to the emergence of homelessness, neglect, and the commission of antisocial acts by minors.

Credentials

These include:

• Implementation of measures to coordinate the work of preventive institutions and bodies.
• The organization of control over the conditions of training, education, maintenance of adolescents, their treatment in special schools for "difficult children"", other special educational institutions.
• Protecting and restoring the interests and rights of adolescents.
• Identification and elimination of conditions conducive to the commission of illegal actions by parents and representatives of children.

For all matters within the competence of the KDNadopt resolutions whose provisions are mandatory for compliance with state bodies, local authorities, institutions, enterprises, organizations regardless of their form of ownership, as well as citizens. Given the wide range of powers, one cannot agree with the opinion that the commissions do not belong to the system of executive power.

Principles of organization and activity of KDN

Lawyers distinguish 3 of their categories:

• General principles. These include democratism, openness, legality.
• Principles of commissions. These include the unity of the preventive system, collegiality, state support of the activities of local government structures and public organizations, the responsibility of employees for violating the interests and rights of adolescents.
• Principles for the implementation of powers.

The latter include:

• Humane treatment of adolescents.
• Respect for the child on the side of parents and other legal representatives.
• Confidentiality of information about a teenager, his family members.
• Ensuring continuous interaction with parents and other legal representatives on matters relating to the protection of the freedoms and rights of minors.
• Individual approach in the upbringing of a teenager.

Coordination activities

Multi-level coordination, interaction andThe cooperation of the authorities are priority areas in the system of crime prevention and teenage neglect. This is due to the multiplicity of subjects of the process, the common goals of the activities of the structures, the variety of functions and tasks, methods, forms of their implementation.

The need for coordination comes first.all that educational and preventive work in the social sphere is carried out by various municipal, state and public organizations. Their activity has a multi-level, multi-purpose character.

The purpose of coordination is defined as the implementationstate policies on the prevention of offenses, neglect of adolescents, the protection of their interests and rights on the basis of legality, interaction, coherence of all actors involved in the process, under the guidance of the KDN. The direct organizers of all these activities is the state.

Administrative and jurisdictional activity

In the framework of its implementation distinguish production by

• Administrative Violations.
• Complaints.

The jurisdictional powers of the KDN are complex. These commissions are different from other subjects of administrative and jurisdictional activities.

Composition

The KDN structure includes: the chairman, his deputy (one or several), the responsible secretary and members.

Representatives may be present at the commission.various organs. As a rule, the members of KDN include the heads (deputy heads) of the institutions and bodies of the prevention system, employees of other municipal and state bodies, and representatives of public and religious organizations. Members of the commission can be any citizens who have experience working with adolescents, deputies of representative bodies and other interested entities.

At the federal level, the government operates KDN. Chairman of the Commission on Juvenile Affairs under the Government is Olga Golodets.

КДН work with minors - ratherspecific category of citizens. In this case, the commissions have the authority to bring adolescents to administrative responsibility. All these actions involve increased responsibility. In this regard, stringent requirements are imposed on the personnel structure of KDN. They concern not only knowledge of legal issues, but also features of the age psychology of behavior that deviates from the norm.

Individual preventive work with minors who are registered

In each institution and body included in the prevention system, an individual program should be developed for each teenager. This document contains information about:

1. The teenager and his family.
2. The reasons and reasons for the individual preventive work with a registered minor.
3. Action plan, responsible performers.
4. The results of the work.

The dates of the activities are established, in accordance with Federal Law No. 120, at the discretion of the subject, they are implemented. The reference points are periods:

• Necessary to provide social and other assistance to adolescents.
• Until the elimination of the conditions and causes contributing to the offenses, neglect, homelessness, anti-social actions of adolescents
• Necessary for the device of minors.

The deadline is set by law for:

• Achievement of a citizen of majority.
• The onset of other circumstances specified by law.

The latter, for example, include imputationpenalties in the form of compulsory, corrective labor, probation on probation. During the period of their serving with a teenager is working. As a rule, it is expressed in the form conversations with difficult teenagers and their parents, to regularly verify compliance with the requirements of the court or other authorized body.

Dynamics of individual work

Within the framework of preventive activities, causes and circumstances are determined, in connection with which the adolescent finds himself in socially dangerous conditions. These include:

• Medical and biological factors. In particular, we are talking about a group of health, heredity, congenital pathologies, disturbances in physical and mental development, conditions of childbirth, and so on.
• Socio-economic causes and conditions. These include the stay of a teenager in an incomplete or large family, a family with no housing, with unemployed parents, with children from repeated or previous marriages, with parents leading an asocial lifestyle. Socio-economic prerequisites are also the inability of the adolescent to life, attempted suicide, vagrancy, drug use or alcohol.
• Psychological factors. Among them can be called alienation from society, non-acceptance of oneself, emotional instability, loss of contact with people around, lack of positive results of social adaptation, negative influence of friends, etc.
• Pedagogical factors. These include the inability to cope with the academic load, academic failure, inconsistency of the conditions for the implementation of educational activities psycho-physiological characteristics of adolescents, lack of interest in school subjects, etc.

As part of preventive work, the child’s current problems are identified, measures for support and correction are being developed.

Gaps in legislation

Currently, there are many unresolvedproblems in the prevention of juvenile delinquency and their neglect. In most cases, they are due to gaps in the current legislation.

According to many experts, at the official levelit is necessary to consolidate the competence of KDN at each level, to determine their specific duties and rights. It is necessary to analyze the activities of structures, to identify defects in their work, often leading to incompetent resolution of cases of offenses.

At the federal level, there is no fixed procedure for the consideration of cases of KDN.

Federal legislation should provide not only protection, but also protection of the interests and rights of adolescents in the course of the investigation of materials on offenses and the application of measures of influence.

Conclusion

In practice, KDN and ZP are not fully coordinating bodies. Commissions today implement only control functions.

As the analysis of the work of KDN in Russia shows,It is far from always that the authorized structures monitor and possess information about suicides among adolescents, sometimes information about the abuse of minors in the family is sometimes not checked. Many KDN consider the implementation of administrative and punitive functions a priority in their activities. The key tasks of the commissions are to ensure the coordination of the work of institutions and bodies of the prevention system, the protection and protection of the interests and rights of adolescents. Some employees evaluate their activities only by the number of materials reviewed and decisions made on bringing children or their parents to administrative responsibility.

The work of commissions should bring results. This, of course, requires an adjustment of legislation not only at the federal, but also at the regional and municipal levels.

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