Julio-Diciembre 2015

Vol. 5 No. 2

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Vol. 14 No. 3

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Interacción y Perspectiva Dep. Legal pp 201002Z43506

Revista de Trabajo Social ISSN 2244-808X

Vol. 14 N

Octubre-diciembre

ARTÍCULO DE INVESTIGACIÓN

Abordar la delincuencia juvenil: Teoría, práctica y estrategias de prevención

DOI: https://doi.org/10.5281/zenodo.11155846

Nurbek Ulasbekuly *, Ulan Oboskanov **, Taalaybek Ismanov ***

y Gulzat Kulalieva ****

Resumen

Este artículo explora las complejidades que rodean la teoría y la aplicación de la

prevención de la delincuencia juvenil en los marcos jurídicos de la República Kirguisa y

la República de Kazajstán. A través de un examen de datos estadísticos, el artículo

subraya la gravedad de los diversos tipos de delitos perpetrados por menores,

iluminando la naturaleza apremiante de la cuestión. La discusión abarca perspectivas

teóricas y metodológicas, ofreciendo ideas sobre enfoques multifacéticos para abordar y

mitigar la delincuencia juvenil. Además, el artículo ofrece recomendaciones destinadas

a desarrollar medidas preventivas en los sistemas jurídicos de estos países. Este artículo

contribuye a una comprensión más profunda de los retos y estrategias inherentes a la

lucha contra la delincuencia juvenil en la República Kirguisa y la República de Kazajstán.

Palabras clave: derecho, responsabilidad penal, legislación, prevención de delitos

Abstract

Addressing juvenile delinquency: Theory, practice, and prevention strategies

This article explores the complexities surrounding the theory and application of

preventing juvenile delinquency within the legal frameworks of the Kyrgyz Republic and

the Republic of Kazakhstan. Through an examination of statistical data, the article

underscores the gravity of various types of crimes perpetrated by minors, illuminating

the pressing nature of the issue. The discussion encompasses theoretical and

methodological perspectives, offering insights into multifaceted approaches to

addressing and mitigating juvenile delinquency. Additionally, the article provides

recommendations aimed at developing preventative measures within these nations' legal

systems. This article contributes to a deeper understanding of the challenges and

strategies inherent in curbing juvenile delinquency in the Kyrgyz Republic and the

Republic of Kazakhstan.

Ulasbekuly, Oboskanov et all / Abordar la delincuencia juvenil: Teoría, práctica y estrategias de prevención

729

Keywords: law, criminal responsibility, legislation, prevention of offenses.

Recibido: 29/02/2024 Aceptado: 22/03/2024

* Fiscalía de la región de Zhambyl, Kazajstán; Fiscalía General de la República de Kazajstán, Kazajstán. ORCID

ID: https://orcid.org/0009-0005-8688-6221. E-mail: zhetigenov93@bk.ru

** Universidad Internacional de Kirguistán, Bishkek, Kirguistán. ORCID ID: https://orcid.org/0009-0005-

9330-1914. E-mail: ulybka_3@mail.ru

*** Universidad Internacional de Kirguistán, Bishkek, Kirguistán. ORCID ID: https://orcid.org/0009-0009-

7597-5180. E-mail: ismanov-61@mail.ru

**** Universidad Internacional de Kirguistán, Bishkek, Kirguistán. ORCID ID: https://orcid.org/0000-0001-

9699-5281. E-mail: k_gulzat@mail.ru

1. Introduction

There are specific features involved in the prevention of juvenile delinquency,

characterized by unique specificity among crimes involving multiple actors and legal

norms. In particular, the Constitution of the Kyrgyz Republic establishes that "the rights

and freedoms of a person are inalienable and belong to everyone from birth. They are

recognized as absolute, inalienable, and protected by law and the court from

encroachments by anyone" (Jogorku Kenesh of the Kyrgyz Republic, 2021a, Art. 23,

para. 1). The Constitution of the Republic of Kazakhstan asserts that the republic is a

"...democratic, secular, legal, and social state, the highest values of which are a person,

his life, rights, and freedoms" (Parliament of the Republic of Kazakhstan, 1995, Art. 23,

para. 1).

Another significant document in our view is the Convention on the Rights of the Child,

where the preamble states,

"... recalling that the United Nations, in the Universal Declaration of Human

Rights, proclaimed that children are entitled to special care and assistance,

convinced that the family, as the fundamental unit of society and the natural

environment for the growth and well-being of all its members, especially children,

must be provided with necessary protection and assistance so that it can fully

assume its responsibilities within society, recognizing that, for the full and

harmonious development of the child's personality, it is necessary for the child to

grow up in a family environment, in an atmosphere of happiness, love, and

understanding, considering that the child should be fully prepared for an

independent life in society and educated in the spirit of the ideals proclaimed in

the Charter of the United Nations, especially in the spirit of peace, dignity,

tolerance, freedom, equality, and solidarity..." (United Nations General Assembly,

1989).

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2. Methodology

In this case, we are considering the methodology and existing tactics of investigative

measures when dealing with crimes involving minors. According to the Criminal

Procedure Code of the Kyrgyz Republic, there is a special procedure for handling criminal

cases involving the following specific category:

"When questioning a victim or witness under the age of 18, their parents or legal

representatives are summoned; in their absence, an employee of the authorized

state body for the protection of children is summoned. When a child under the

age of 14 is questioned as a witness or victim, a psychologist or educator is also

summoned" (Jogorku Kenesh of the Kyrgyz Republic, 2021b, Art. 329, para. 1).

Based on Article 203, during their activities, an investigator or interrogator is obliged

to take into account the following:

"1. When a child is questioned as a witness or victim, parents or legal

representatives are summoned; in their absence, an employee of the authorized

state body for the protection of children is summoned. When a child is questioned

as a witness or victim under the age of 14, a psychologist or educator is also

summoned.

2. Witnesses and victims who are children under the age of 16 are not warned

about the responsibility for refusing to testify and for giving deliberately false

testimony. When explaining procedural rights and obligations to such witnesses

and victims, they are informed of the necessity of speaking only the truth. The

child is informed of the right to refuse to testify, accusing themselves or close

relatives. An explanation of rights and obligations is noted in the protocol,

certified by the signature of the witness or victim, as well as by persons

representing their interests.

3. Those present during the interrogation, as mentioned in parts 1 and 2 of this

article, are informed of the right to make remarks on violations of the rights and

legitimate interests of the interrogated, and with the investigator's permission,

to question the person being interrogated. The investigator has the right to

dismiss a question but must record it in the protocol and state the reason for

dismissal" (Jogorku Kenesh of the Kyrgyz Republic, 2021b, Art. 203).

According to Article 76 of the Criminal Procedure Code of the Republic of Kazakhstan,

the summons of a minor suspect or accused not in custody are carried out as follows:

"To protect the rights and legitimate interests of victims who are minors or do

not speak the language of legal proceedings or, due to their physical or mental

condition, are unable to independently defend their rights and legitimate

interests, their legal representatives are mandatory participants in the process"

(Parliament of the Republic of Kazakhstan, 2014, Art. 76).

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The Law of the Republic of Kazakhstan "On the Prevention of Domestic Violence"

establishes the fundamental principles of domestic violence prevention:

"legality; guaranteeing the observance of the rights, freedoms, and legitimate

interests of the individual and citizen; the impermissibility of causing physical

and/or mental suffering to the individual and citizen; support and preservation of

the family; confidentiality; an individual approach to each person and citizen in a

difficult life situation; the priority of preventive measures for preventing domestic

violence over repressive measures; complexity and systematicity" (Parliament of

the Republic of Kazakhstan, 2009).

3. Results

To enhance the effectiveness of preventing juvenile delinquency, the following steps

are needed:

 The government should preserve and expand social protection institutions for

minors in difficult situations.

 Implement rehabilitation programs for adolescents returning from places of

deprivation of liberty.

 Implement quotas and create job opportunities.

 Intensify efforts in working with children in families.

 Expand the network of children's clubs and establish cooperation between the

juvenile affairs inspector at the Department of Internal Affairs (OVD) and operational

units, district police officers at OVD, exchange information, and rational use of resources

and methods of operational-search activities in places of residence.

 Moreover, professional and technical educational institutions should be preserved

and increased to provide a quantitative characterization of the victims' personalities and

their behavior.

Based on statistical data on victims, a "unified crime registry" is required during

inspections of juvenile affairs, reflecting information on the recognition of victims and

individuals whose death resulted from crimes committed against them.

According to the statistical data of the Ministry of Internal Affairs of the Kyrgyz

Republic for the year 2022, 2088 pretrial proceedings were registered for crimes

committed against minors: Bishkek, 971; Osh, 169; Chui region, 423; Issyk-Kul region,

149; Osh region, 97; Jalal-Abad region, 164; Talas region, 38; Batken region, 50; and

Naryn region, 27.

A total of 615 pretrial proceedings were sent for court consideration; 596 cases were

terminated, including 482 terminated for nonrehabilitative reasons (points 7, 9, and 11-

13 of part 1 of Article 27 of the Criminal Procedure Code of the Kyrgyz Republic); 114

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cases were terminated for rehabilitative reasons (points 1-6 and 8 of part 1 of Article 27

of the Criminal Procedure Code of the Kyrgyz Republic); 618 cases were suspended; 32

cases were consolidated; 17 pretrial proceedings were transferred to other authorities;

and 210 cases are in progress.

According to the statistical data of the Prosecutor's Office of the Republic of

Kazakhstan for the Jambyl region, 9067 individuals were involved only in December

2019, and in 2020, administrative practice units conducted complex measures aimed at

increasing the efficiency of preventing offenses and crimes among minors, with a total

of 8899 individuals involved in the region.

Law enforcement agencies recorded 3959 minors involved in various offenses in

public places and on the streets throughout the region. Of these, 235 teenagers and 169

from disadvantaged families were registered. For repeated offenses, 8 minors were sent

to a special school for children and adolescents with deviant behavior, and parental rights

were deprived of 48 parents or their substitutes. A total of 241 adolescents were

registered.

During raids, 3959 minors were identified and held accountable: 106 under Article

127 of the Administrative Offenses Code of the Republic of Kazakhstan for not properly

fulfilling duties related to child upbringing; 125 under Article 132 of the Administrative

Offenses Code of the Republic of Kazakhstan for allowing minors to be in entertainment

establishments during nighttime; 191 under Article 442(1) of the Administrative

Offenses Code of the Republic of Kazakhstan for allowing their children to be in

entertainment establishments during nighttime; 6 under Article 133 of the

Administrative Offenses Code for selling tobacco products to minors; 2 under Article 423-

1 of the Administrative Offenses Code for selling tobacco, hookah products, and

electronic cigarettes to individuals under 21 years old; and 3191 under Article 442(2) of

the Administrative Offenses Code for minors being outside without legal representatives

during nighttime.

In general, despite some challenges associated with certain parameters, there was

a trend toward a reduction in 2019 compared to that in 2018. However, the information

provided and the statistical data included the registration of individuals seeking

assistance from relevant institutions. The study of victimological factors committed by

minors at the statistical level provides a true picture of crime and its social consequences.

4. Discussion

Information support and statistical data, in turn, require the creation of separate

corresponding services and the allocation of specialists, including psychologists, in cases

of victimization, as emphasized by Yu V. Chufarovski (2007: 203).

In his opinion, this involves personnel specializing in working with minors, taking into

account the physiological and psychological characteristics of adolescence, applying

pedagogical knowledge to protect the lawful interests and rights of the child, exploring

effective forms of prevention and interaction with the population, and providing means

Ulasbekuly, Oboskanov et all / Abordar la delincuencia juvenil: Teoría, práctica y estrategias de prevención

733

of protection for adolescents. Specialization introduction in law enforcement agencies

and educational institutions, the study of the psychological and age characteristics of

adolescents, and the specifics of working with them are crucial.

However, common training is insufficient. Attention is required for the development

of a specific scheme where practitioners must pay attention to which adolescent should

be considered an interesting figure from a victimological perspective. The methods of

identifying victims and organizing preventive work require advances in science, among

psychologists, educators, etc.

Individual prevention includes several stages, with V.N. Burlakov highlighting early

prevention, direct prevention, penitentiary prevention, and postpenitentiary prevention

(Burlakov et al., 2008: 82).

V.N. Kudryavtsev and V.E. Eminov (2009: 286-287) particularly emphasize early

prevention, direct prevention, which influences the individual, their behavior indicating

negative qualities, the criminal environment determining the likelihood of committing a

crime, and the prevention of recidivism.

The law establishes duties, powers, and main directions for the prevention of offenses

among minors and neglects commissions on juvenile affairs and the protection of rights,

social protection management authorities and institutions of social services, specialized

institutions for minors in need of social rehabilitation, education management authorities

and open and closed type educational institutions, guardianship and custody authorities,

education, employment services, law enforcement, etc.

The main task of individual prevention is to shape one’s personality and develop law-

abiding behavior from the perspective of the activities of law enforcement agencies,

social institutions, and public organizations; identify individuals who constitute a group

at risk; and apply preventive measures to them.

Preventing crimes, as shown in the Russian language dictionary, means "stoping

immediately, ceasing abruptly". Kudryavtsev suggested contacting the offender before

committing a crime to interrupt this action, gathering information before committing a

crime, and arresting the criminal to prevent further crimes.

The main directions for preventing socially significant crimes include eliminating and

identifying conditions and causes of homicides committed by teenagers; developing and

maintaining the mental and physical health of children; reducing drug addiction and

alcoholism among teenagers; and eliminating family problems related to minors as one

of the reasons for criminal behavior. In this regard, family support, improvement of the

family's financial situation, and development and maintenance of a foster family system

for adolescents without parents are necessary.

According to scientists, this includes "measures of general and special social

prevention, measures of general and individual prevention; the desire to cover all the

main spheres of life and institutions of socialization of minors; the use of interconnected

and complementary measures of economic, ideological, cultural, legal, organizational

and managerial nature; a combination of measures of direct prevention and activities to

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prevent impending crimes; interaction and coordination of the activities of all subjects

of prevention; coverage of the entire set of objects requiring preventive impact; and

impact on the totality of causes and conditions conducive to criminal and other antisocial

behavior".

5. Conclusions

Thus, the investigation authorities are responsible for dealing with criminal

manifestations concerning minors, working in cooperation with other state authorities,

local self-government bodies, public associations, organizations, and other relevant

entities.

Special attention is given to preventing juvenile crime by law enforcement agencies.

Internal affairs agencies (OVDs) carry out a significant amount of work to prevent

crimes, directly fulfilling functions related to the rehabilitation and correction of juvenile

offenders. The preventive activities of OVD involve the participation of various

stakeholders.

To prevent juvenile delinquency, OVDs must identify the conditions and reasons for

elimination and neutralization. In this regard, OVDs organize cooperation among public,

governmental, and other institutions and organizations in preventive activities through

comprehensive, targeted inspections, operations, raids, and other measures.

Moreover, there should be pedagogical and psychological diagnoses of the

personalities of minors. Various techniques and methods of influencing the feelings,

consciousness, and will of juvenile offenders are applied, including direct engagement

by individuals involved in organizational and tactical forms using various techniques and

methods. These include conversations by OVD personnel and involvement in activities

of a social, labor, cultural, sports, and other nature.

In our view, there is a need to improve certain aspects of the organization of OVD

work, such as conducting operational activities of units; disbanding groups of minors

engaged in unlawful activities; improving OVD activities in combating crime among

adolescents; providing information to prevent crimes among minors; and analyzing the

situation in the city, district, and populated areas. During the analysis, the most

problematic areas for group crimes, quantitative and qualitative composition, place,

time, conditions, and reasons for crimes, as well as objects of criminal encroachment,

are determined. Furthermore, sources and information gathering are identified.

To improve legislation, it is necessary to:

Eliminate contradictions and collisions in legislation, particularly in the placement of

children in foster families, and take measures to protect the rights of minors.

State support for the activities of the Child Protective Services in providing

guardianship and care was ensured.

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735

In connection with this, a number of tasks need to be addressed: forming a legal

culture in society for lawful behavior; improving the activities of relevant authorities in

supporting children in difficult life circumstances; establishing anti-drug and anti-alcohol

prevention agencies among adolescents; providing assistance to low-income families,

taking into account the social sphere; and promoting a healthy lifestyle and constructive

policies.

Crime prevention is carried out by law enforcement agencies and the state as a

whole, which "perform a significant amount of work in preventing such social phenomena

as crime and juvenile delinquency, in particular". Crime prevention is associated with

preventing minors from becoming criminals.

"Despite certain disagreements among scholars regarding the definitions and the

system of crime prevention, the aggregate of the most essential, specific

requirements, compliance with which can ensure a comprehensive approach to

crime prevention and other negative phenomena, has been defined in the

scientific literature" (Varygin & Grigoryan, 2013: 96-99).

In this direction, family support is necessary; improving living conditions; and

allocating funds for children's upbringing, which should be regarded as "not charity, but

the state's duty to pay, reimburse physical, intellectual, and other costs 'for the

production of the human being'—the main productive force of society" (Lunev, 2008:

123).

A family in a socially dangerous position is a family with children, where parents or

other legal representatives of minors fail to fulfill their duties in their upbringing,

education, and/or maintenance and/or negatively influence their behavior or treat them

cruelly.

For this, it is necessary "regional authorities - to provide families in need with

residential space; courts - at the initiative of guardianship and custody authorities,

prosecutors on issues of depriving parental rights, living with a child in the same

residential area, to adequately solve these problems; guardianship and custody

authorities, together with law enforcement agencies, to conduct inspections of living

conditions for children, pay special attention to improving conditions and upbringing in

families; implement and develop through juvenile affairs commissions after their return

from special educational institutions; and commissions on juvenile affairs, when

considering the issue of directing offenders to special educational institutions, determine

the possibility and expediency of returning minors to the same families after their

correction (stay) in the specified institutions."

In this regard, it is advisable to create centers for psycho-pedagogical correction and

rehabilitation, and the functions of these centers include organizing group activities with

additional programs for minors experiencing difficulties in general educational

institutions and their social adaptation; counseling parents and their children;

educational institution staff on overcoming difficulties in development and learning; the

socialization of teenagers; the correction of learning and developmental disorders in

children; providing assistance to minors in crisis situations; anonymous counseling for

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minors on helplines; providing assistance to teenagers from foster and guardianship

families and boarding institutions; providing organizations engaged in educational

activities with scientific-methodical literature; organizing and implementing general

educational programs; upbringing; and training; and organizing the placement of

children in need of care in families.

Bibliographic references

 Burlakov, V. N., Milyukov, S. F., Sidorov, S. A., & Spiridonov, L. I. (Eds.) (2008).

Kriminologiya. Kurs lektsiy [Criminology: Lecture course]. St. Petersburg:

Peter.

 Chufarovskiy, Yu. V. (2007). Yuridicheskaya psikhologiya: Uchebnik dlya

yuridicheskikh vuzov [Legal psychology: Textbook for legal universities].

Moscow: Prospekt.

 Jogorku Kenesh of the Kyrgyz Republic (2021a). Constitution of the Kyrgyz

Republic, adopted by referendum on April 11, 2021 (enacted by the Law of

the Kyrgyz Republic of May 5, 2021 No. 59). Available:

https://cbd.minjust.gov.kg/112215?refId=1078264

 Jogorku Kenesh of the Kyrgyz Republic (2021b). Criminal Procedure Code of

the Kyrgyz Republic of October 28, 2021 No. 129 (enacted by the Law of

the Kyrgyz Republic of October 28, 2021, No. 126; amended by the Law of the

Kyrgyz Republic of January 18, 2022, No. 4). Available:

https://cbd.minjust.gov.kg/3-37?refId=1046

 Kudryavtsev, V. N., & Eminov, V. E. (Eds.) (2009). Kriminologiya [Criminology].

Moscow: Norma.

 Lunev, V. V. (2008). Sotsial'nyye posledstviya i integrirovannaya tsena

prestupnosti [Social consequences and integrated cost of crime]. In: Russia:

Lessons of reforms: Collection of scientific works of IMPE named after

A.S. Griboedov (pp. 99-124). Moscow: A.S. Griboyedov Institute of

International Law and Economics.

 Parliament of the Republic of Kazakhstan (1995). Constitution of the Republic

of Kazakhstan, adopted in a republican referendum on August 30, 1995

(with subsequent amendments and additions). Available:

https://adilet.zan.kz/rus/docs/K950001000_

 Parliament of the Republic of Kazakhstan (2009). Law of the Republic of

Kazakhstan of December 4, 2009 No. 214-IV "On the prevention of

domestic violence". Kazakhstanskaya pravda 12.12.2009, No. 293 (26037).

 Parliament of the Republic of Kazakhstan (2014). Criminal Procedure Code of

the Republic of Kazakhstan of July 4 2014 No. 231-V ZR (with amendments

and additions). Kazakhstanskaya pravda 10.07.2014, No. 133 (27754).

Ulasbekuly, Oboskanov et all / Abordar la delincuencia juvenil: Teoría, práctica y estrategias de prevención

737

 United Nations General Assembly (1989). Convention on the Rights of the

Child, adopted by General Assembly resolution of 20 November 1989 No.

44/25. Available:

https://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml]

 Varygin, A. N., & Grigoryan, Z. M. (2013). Ubiystva, sovershayemyye

nesovershennoletnimi (osobennosti motivatsii i preduprezhdeniya)

[Murders committed by minors: Аeatures of motivation and prevention]. Moscow:

Yurlitinform.