Administrative Offences Law

On the threshold of amendments to the current Criminal Code of Ukraine concerning the introduction of the institution of criminal offenses, issues related to both the understanding of the concept of crime and their classification are becoming significantly relevant. Given the fact, that one of the reasons for justifying the need for such changes is to refer to the experience of leading foreign countries, the model of the Federal Republic of Germany is analyzed in the conference paper.

Напередодні внесення змін до чинного Кримінального кодексу України щодо введення інституту кримінальних проступків істотно актуалізуються питання, пов’язані як із розумінням поняття злочину, так і з їх класифікацією. З огляду на те, що однією з підстав обґрунтування необхідності подібних змін є звернення до досвіду провідних зарубіжних країн, в тезах аналізується модель Федеративної Республіки Німеччини.

В преддверии внесения изменений в ныне действующий Уголовный кодекс Украины касательно введения института уголовных проступков существенно актуализируются вопросы, связанные как с пониманием понятия преступления, так и с их классификацией. Учитывая то, что одним из оснований обоснования необходимости подобных изменений является обращение к опыту передовых зарубежных стран, в тезисах анализируется модель Федеративной Республики Германии.

The purpose of the research was to investigate "Risk Factors Posed by Waterfront Shanty Settlements on Juvenile Delinquents in Rivers State, Nigeria".3 study questions and 3 objectives were selected. Consequently," Agnew"s General Strain Theory"

Становлення України як демократичної, правової держави, її прагнення наблизитися до європейських стандартів, необхідність забезпечення прав і свобод людини потребує удосконалення національного законодавства, в тому числі кримінального. У зв’язку з цим у 2008 році Указом Президента України було затверджено Концепцію реформування кримінальної юстиції, а у 2012 році – прийнято новий Кримінальний процесуальний кодекс. Дані нормативно- правові акти передбачають такий вид правопорушення як кримінальний проступок. У статті розглянуто поняття кримінального проступку відповідно до Концепції реформування кримінальної юстиції, коротко охарактеризовано підхід до поділу кримінальних правопорушень на категорії у європейських країнах, виділено основні проблеми запровадження кримінального проступку до матеріального законодавства України. Також проаналізовано деякі дискусійні питання щодо визначення правопорушень, які визнавалися б кримінальним проступком. З’ясовано, що невирішеним є питання про доц...

This report is dedicated to Eudora Lee, a YouthREX colleague who passed away in March 2017 when she was in her early thirties. Eudora was a Phd Candidate in Sociology at the University of Hong Kong and held a degree in Criminology from the University of Toronto. The YouthREX team greatly admired and respected Eudora's enthusiasm, professionalism, and devotion to research and action for social justice. Eudora started the literature search for this report and we were very impressed by her exceptional work ethic and meticulous approach. Eudora left us before we were able to finish the report together. Now the report is completed and we would like to dedicate it to our former colleague and good friend-Eudora Lee.

Espanol El articulo sostiene dos tesis. La primera considera que en la generacion y en la interpretacion de las normas penales se esta restringiendo indebidamente la libertad de expresion politica. Entre otras causas de este fenomeno destaca la ignorancia del efecto desalentador de la libertad de expresion que despliega la represion penal de los excesos expresivos, y la inviabiliad de una alternativa sancionadora a traves de la Administracion. La segunda tesis es solo aparentemente contradictoria con la anterior: en nuestro mundo web, en el que es enorme la potencialidad lesiva de las expresiones, no se esta protegiendo suficientemente el honor y la intimidad frente a la comunicacion no politica. English The article defends two theses. The first thesis referes to the undue restriction of freedom of political expression nowadays in the elaboration and interpretation of penal norms. This phenomenon is caused by a diversity of factors, among which it is worth mentioning the ignorance o...

У статті досліджується співвідношення універсалій «фактична ознака» та «ознака юридичного складу» в понятті адміністративного проступку. На підставі їхнього онтолого-гносеологічного аналізу розкрито зміст і практичне значення апостеріорних та апріорних ознак адміністративного проступку. Акцентовано увагу на ролі вказаних ознак у розроб-ленні понять «суспільна шкідливість адміністративного правопорушення» та «суспільна небезпека адміністративного правопорушення». Запропоновано нове бачення генетичних витоків, правової природи, співвідношення та розуміння зазначених універсалій. На підставі здійсненого дослідження сформульоване доктринальне визначення поняття адмініст-ративного правопорушення.

Supervisory Committee Dr. Sibylle Artz, (School of Child and Youth Care) Supervisor Dr. Marie Hoskins, (School of Child and Youth Care) Departmental Committee Member This study used thematic analysis to investigate how youth court professionals, namely Youth Court Judges, Youth Probation Officers, and Youth Police Officers, make decisions to incarcerate young females for administrative offences. Sixteen professionals from Lower Vancouver Island shared their experiences through one-on-one interviews, which were then thematically analysed. This method of analysis shed light on four major themes across the professional groups: i) The Youth Criminal Justice Act (2002); ii) Decision-making; iii) The decline in crime; and iv) Services for adjudicated youth. Findings were discussed in relation to the literature and the resources currently available in the community.

This report is dedicated to Eudora Lee, a YouthREX colleague who passed away in March 2017 when she was in her early thirties. Eudora was a Phd Candidate in Sociology at the University of Hong Kong and held a degree in Criminology from the University of Toronto. The YouthREX team greatly admired and respected Eudora's enthusiasm, professionalism, and devotion to research and action for social justice. Eudora started the literature search for this report and we were very impressed by her exceptional work ethic and meticulous approach. Eudora left us before we were able to finish the report together. Now the report is completed and we would like to dedicate it to our former colleague and good friend-Eudora Lee.

This study used thematic analysis to investigate how youth court professionals, namely Youth Court Judges, Youth Probation Officers, and Youth Police Officers, make decisions to incarcerate young females for administrative offences. Sixteen professionals from Lower Vancouver Island shared their experiences through one-on-one interviews, which were then thematically analysed. This method of analysis shed light on four major themes across the professional groups: i) The Youth Criminal Justice Act (2002); ii) Decision-making; iii) The decline in crime; and iv) Services for adjudicated youth.

This arricle examines the relative influences yf the ,juvenile probation otficer's perceptions ofselfand work on his or her opinions c$delinquency and decisions made about ,juveniles. Selfladministered questionnaires were completed by 255 ,juvenile probarion officers. Results indicate that the officer who is trearment-service oriented is less likely 10 label juvenile acts delinquent than the officer who responds to lawyer role models. Officers who make rehabilitative recommendations are less likely to label acts delinquent than (hose who d o not. 'Ihe independent variables accounted for a rural of 21.3% o f t h e variance in the dependent variable, the officer's perception of treatmenr.

This issue of Family Court Review (FCR) has been produced in collaboration with the American Bar Association's (ABA) Youth at Risk Initiative, which I have been privileged to co-direct with Mabel McKinney-Browning. This initiative and the work of the new ABA Commission on Youth at Risk, which is under the chairmanship of Dwight Smith, focuses on teenagers (13-19-year-olds) whose family and/or behavioral problems place them at a significantly heightened risk of involvement with the courts. The initiative was developed by ABA President Karen Mathis during her year as president-elect of the ABA. In her article that follows, she describes the importance of this and what lawyers can do to aid at-risk youth. The first major activity of the ABA Youth at Risk Initiative was the convening, at Hofstra Law School, of an invitational planning conference for the initiative. This issue of FCR includes the recommendations that emerged from this gathering of 60 professionals and youth. The goal of that conference, supported through the generous assistance of the Center for Children, Families and the Law at Hofstra and several individual ABA entities, was to provide a roadmap for how lawyers, and the ABA, could best address important issues affecting several of the major categories of American youth involved with the courts but not yet enmeshed in the juvenile delinquency or criminal justice systems. A judge's perspective on at-risk youth follows these recommendations. It is by Judith S. Kaye, Chief Judge of the State of New York, who was the keynote speaker at the Hofstra conference. She challenges us to correct our failure to help the thousands of at-risk children through raising public awareness. This must, she says, include citizen awareness, lawyer awareness, judge awareness, and government awareness. One area where awareness must be increased relates to youth who come from dangerous and highly dysfunctional families. It is often very difficult for teenagers who have been abused or neglected at home to get the help they need from public child protective services agencies. In this issue of FCR , we have included a set of actual case examples, typical scenarios where adolescents, maltreated in their homes, did not receive necessary child protective assistance, but fortunately had access to legal assistance to help remedy these systemic failures. Another controversial area where awareness has been sorely lacking is in the area of judicial involvement with status-offender youth (or children in need of services). In these cases, juvenile courts intervene with youth and families presumably to help young people who are out of their parents' control, frequently run away from home, are chronic school truants, or have violated alcohol or curfew laws. Claire Shubik and Jessica Kendall have

The author has further granted permission to Simon Fraser University to keep or make a digital copy for use in its circulating collection (currently available to the public at the "Institutional Repository" link of the SFU Library website <www.lib.sfu.ca> at: <http://ir.lib.sfu.ca/handle/1892/112>) and, without changing the content, to translate the thesis/project or extended essays, if technically possible, to any medium or format for the purpose of preservation of the digital work. The author has further agreed that permission for multiple copying of this work for scholarly purposes may be granted by either the author or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without the author's written permission. Permission for public performance, or limited permission for private scholarly use, of any multimedia materials forming part of this work, may have been granted by the author. This information may be found on the separately catalogued multimedia material and in the signed Partial Copyright Licence. While licensing SFU to permit the above uses, the author retains copyright in the thesis, project or extended essays, including the right to change the work for subsequent purposes, including editing and publishing the work in whole or in part, and licensing other parties, as the author may desire.

АДміністрАтивнА віДповіДАльність тА АДміністрАтивне прАвопорУшення Стаття присвячена характеристиці адміністративної відповідальності як виду юридичного примусу, що має важливе значення для підтримання правопорядку, захисту особи, охорони прав і свобод людини, виконання завдань і функцій держави. Наведена у статті характеристика адміністративної відповідальності пов'язана з притаманними їй ознаками та особливостями адміністративного правопорушення (проступку). Найбільша увага приділена питанню, пов'язаному із суспільною небезпечністю протиправного діяння, з огляду на концептуальні зміни щодо кримінальної та адміністративної відповідальності. Зважаючи на появу у законодавстві «кримінального проступку», за який настає кримінальна відповідальність у спрощеному процесуальному порядку перед судом (суддею), у статті порушено проблему визначення злочинного проступку суспільно небезпечним діянням, але меншої суспільної небезпеки, а всі інші проступки (адміністративні) пропонується визнавати шкідливими, але не суспільно небезпечними, справи про які розглядаються в адміністративному порядку за визначеними в Кодексі про правопорушення правилами (процесуальними). Використовуючи досвід правового регулювання країн Європи, ми таким чином імплементуємо у своє законодавство європейські підходи, але з урахуванням національних традицій і підтриманням фундаментальних засад кримінальної відповідальності та збереженням таких засад щодо адміністративної відповідальності. Ключові слова: адміністративна відповідальність; адміністративне правопорушення; проступок; кримінальний проступок; кримінальна відповідальність; соціальна природа правопорушення; покарання.

In the past several years, there has been a growing movement towards family-driven initiatives in many child-serving agencies, including the juvenile justice system. These initiatives underscore the importance of parental involvement in successful rehabilitation of at-risk and offending youth and highlight the unique role of parents to influence and inspire their child's behavior. Despite a growing consensus on the importance of parental involvement in juvenile justice processes, little empirical research has explored the nature of parental involvement in the juvenile justice system. This study examined parents' (n = 87) perceptions of relationship quality and interaction with probation officers, parenting strategies, and how these factors related to youth's compliance on probation. Findings revealed that parents generally had positive relationships with probation officers characterized as supportive, fair, respectful, and helpful towards youth. Most parents also employed practices such as use of reminders and encouragement to promote youth's compliance on probation. Parents' perceptions of probation officers' helpfulness toward youth were associated with decreased used of parenting practices that encourage probation compliance. However, parents' perceptions of supportive, respectful, and fair relationships with probation officers were associated with increased use of parenting practices that promote probation compliance. Supportive, fair, and respectful relationships with probation officers were also linked to fewer counts of technical violations of probation, but not new delinquent offenses, among offending youth. Implications for research, practice, and policy around the potential of collaborative relationships between parents and probation officers in facilitating successful probation outcomes are discussed.

The author argues that despite the rhetoric of Canada's youth justice system framework, there is a striking lack of funding for, or commitment to, alternatives to formal justice when dealing with marginalized young people. One consequence of this is an epidemic of ill health, both physical and emotional, among at-risk youth. It is this reality, not criminality, that is the defining characteristic of this vulnerable population. To underline this point, the author presents his research on marginalized Aboriginal youth, and notes that the public perception of young people in conflict with the legal system is defined by fear and hostility rather than sympathy. He also discusses examples of microcommunities that understand the epidemic of ill health plaguing marginalized youth and that provide an antidote to the condemnation of children and youth in the larger society. He notes that for children and youth, involvement with the law is a profound individual and collective health risk and argues against conservative law and order politics. He emphasizes the importance of research driven intervention, crime prevention, and alternatives to the criminal justice system. The dilemma for marginalized youth in conflict with the law is clear. They face a high likelihood of being treated rather harshly with respect to conviction and sentencing and they are characterized by relatively poor levels of physical and emotional health. The reasons for these phenomena have been debated over and over, but the conclusions, at least from good social policy work, suggest the following: (a) Relative privation dictates a high risk for conviction and incarceration; (b) despite the legal/human rights and social welfare mandates of the previous Young Offenders Act and the recent Youth Criminal Justice Act, many young offenders lack access to adequate legal resources and access to adequate health care; (c) most younger offenders, because they live on the margins of society and because of their age, lack political power; and (d) discrimination, either by omission or commission, exists in the justice system and dictates especially harsh treatment for Aboriginal youth and youth from relatively poor families and communities (Schissel, 2006; Bell, 2002a). Despite the rhetoric of Canada's youth justice system framework, there is a striking lack of funding for, or commitment to, alternatives to formal justice. In many ways, our inability to improve the lives of young people in trouble with the law, especially those who are marginalized, is fuelled by our antipathy to young people in general (Côté & Allahar, 2006; Giroux, 2003a, 2003b). The result of our indifference to the real needs of young people at risk is the focus of this paper. The manifestation of this indifference is what I describe as an epidemic of ill health among at-risk youth. Ill health, not criminality, is the defining characteristic of the young. Based on research on marginalized youth that I have conducted over several years, I demonstrate that for youth involved in the legal system, poor health provides a double jeopardy in already marginalized lives. As we will see, however, the public's general perception of youth, especially youth in trouble with the law, is certainly not characterized by sympathy. In the end, I provide

Sprott and Doob aim to use female juvenile offending as "a lens through which one can better observe, and thus, understand" the youth justice systems of the United States and Canada. The purpose of this comparative approach is to help in unravelling the puzzle of girls, juvenile crime and the criminal justice system. Virtually all literature on juvenile offending focuses on male participation in juvenile offending behaviour. This inattention to females is attributed to their limited involvement in crime and antisocial behaviour. The results of official figures and selfreport surveys consistently show that males are more likely to engage in offending behaviour than females. Thus data and analyses about girls in the juvenile justice system are both overdue and welcome. The authors provide an important two-country study of juvenile crime and juvenile justice and specifically examine the very different ways in boys and girls are treated in both juvenile justice systems. The juvenile justice systems in the US and Canada were both created at the same time with much the same goals, namely to resolve juvenile offending issues away from the adult system. Both countries had little focus on gender issues when developing their juvenile justice systems; however both have developed practices that have resulted in differential treatment for boys and girls. The historical analysis of the origins of juvenile justice in both countries is one of the many strengths of this book. The book provides a detailed and illuminating history of the development of the juvenile courts in the US and Canada in which many myths regarding the origins of their juvenile courts are set straight. For example, the view that the first juvenile court opened in Chicago in 1899 is more complex than is often described. Separate hearings for children had been taking place in Massachussetts since 1870, New York since 1877 and Philadelphia since 1893. Sprott and Doob also clarify that the Supreme Court cases of Kent and Gault did not represent the first time that concerns were expressed about due-process issues. Such concerns were actually expressed as early as the first juvenile courts.

Violence is very common in the schools of the U.S. Therefore, families have suspicions not only about competency of the education but also for safety of their children in the school. While there is a great deal of studies which examined the effectiveness and success of school resource officers in schools, and studies which explore the perceptions of citizens, school administration, and juveniles toward police, fewer studies exploring the perceptions of school resource officers about different issues such as their perceptions toward juvenile justice system, school administration and staff, families of juveniles, and juvenile offenders. Fifteen school resource officers were interviewed in schools in a mid-sized Midwestern city in the U.S.. The researcher was allowed to conduct interview with police officers by Police Department's approval. The consent forms were delivered to participants which were reviewed and signed by the participants. Purposive sampling method was used by asking Deputy Chief in police department either who has worked or currently working in schools school resource officers. The interviews were digitally recorded. The researcher saved these interviews to the computer and transcribed them into the word processor. Findings revealed that there was no standardized training for school resource officers. Their criterion for using discretion was mostly based on the attitude of the families toward them or toward their children. They perceived minor offenses in schools as 'gateway' for future serious offenses. Since the study participants were not randomly selected and the sample size was 15, findings cannot be generalized to all school resource officers in the U.S. However, it is expected that all school resource officers would have common experiences such as use of discretion, problems with school administration, and the prevalence of violence among youth. Thus, this study can provide some insights about the experiences of school resource officers from other States of the U.S. Further research in the area of school resource officers is needed to determine solutions to youth violence in schools.

The author has further granted permission to Simon Fraser University to keep or make a digital copy for use in its circulating collection (currently available to the public at the "Institutional Repository" link of the SFU Library website <www.lib.sfu.ca> at: <http://ir.lib.sfu.ca/handle/1892/112>) and, without changing the content, to translate the thesis/project or extended essays, if technically possible, to any medium or format for the purpose of preservation of the digital work. The author has further agreed that permission for multiple copying of this work for scholarly purposes may be granted by either the author or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without the author's written permission. Permission for public performance, or limited permission for private scholarly use, of any multimedia materials forming part of this work, may have been granted by the author. This information may be found on the separately catalogued multimedia material and in the signed Partial Copyright Licence. While licensing SFU to permit the above uses, the author retains copyright in the thesis, project or extended essays, including the right to change the work for subsequent purposes, including editing and publishing the work in whole or in part, and licensing other parties, as the author may desire.

In North America, the approach to youth crime and juvenile offenders has become increasingly punitive, and deterrence is seen as a significant goal of sentencing. Young people’s views about their sentences can provide insight into the meaning of these experiences and their perceived connection to offending behavior. The authors interviewed 53 young male offenders about their perceptions of youth court dispositions and explored what offender, offense, and disposition characteristics predicted their beliefs about the specific and general deterrent value of their sentences. Juveniles varied in their perceptions about their sentences as deterrents, but the characteristics examined did not adequately account for this variation. Their perceptions reflected multiple approaches to achieving deterrence, including not only the get-tough focus on dispositions as punishments but the role that sentences play in helping young offenders achieve personal change. Implications of the findings for the...

The authors would like to acknowledge the respondents who took the time to share their views for this study, and in particular to those who helped make the study possible by 'spreading the word'. Their unflagging commitment to the wellbeing of young people is inspiring. We would also like to thank Greg Brown, Vicki Mowat-Leger, and Jeff Wright for their assistance with research approvals and recruitment.

Theory based on sex role traditionalism predicts a more punishing decision for female than for male offenders, while theory based on chivalry (paternalism) predicts greater leniency by the courts for female offenders. This paper tests these two models using a large sample (36,680) ofjuvenile court referrals in metropolitan, urban, and rural locations spanning a nine-year period. Nonparametric analysis of covariance is used to control for differences in offense, previous contact with the court system, and other background variables. Evidence of gender bias in dispositions was found. The patterns of bias across time, location, offense committed, and previous referral to the court system supports the persistence of chivalry and a decline in sex role traditionalism in court decisions. Greater punishment for girls than boys was found only for repeat offenders committing more serious offenses. Even in those cases, girls were more likely to be taken out of the home environment by the courts through a custody transfer while boys were more likely to be sent to a lock-up facility. The treatment of male and female offenders by the court system has received considerable attention by researchers as well as practitioners. Some researchers have found differential treatment of male and female offenders; others have not. Most of the research has focused on the adult system (see

Due to their similar colonial histories and common law heritage, Australia and Canada provide an ideal comparative context for examining legislation reflecting new directions in the field of juvenile justice. Toward this end, this article compares the revised juvenile justice legislation which came into force in Queensland and Canada in 2003 (Canada, Youth Criminal Justice Act, enacted on 19 February

Many adolescents misbehave at some point during their formative years. Some misbehavior gets the attention of police and courts. How do we hold youth accountable for misbehavior in developmentally appropriate ways? When is it appropriate to divert youth from the juvenile justice system? When we do invoke the coercive power of the justice system, how do we increase the probability that we do more good than harm?

The answer to these questions depends in part on the skills and training of the people making the decisions. A much-quoted adage says that if one’s only tool is a hammer, then every problem looks like a nail. This volume presents a different tool kit. It shows how our 21st century understanding of adolescence is giving social workers an increasingly important role in shaping the modern juvenile justice system. We present a snapshot of ten countries and regions that suggests ways in which changes to policy and practice, catalyzed by a social work presence, can unleash the potential of youth to develop into contributing members of society.

Social work, in the countries and regions discussed in this volume, is increasingly important to the juvenile justice world. As governments recognize that youth are different from adults, and as youth crime continues to decline across the globe, there is increased political will to promote the welfare of youth. That is quintessentially the work of social workers. When society invests in social workers, crime decreases, and more youth become productive adults, contributing to their communities.

Violence is very common in the schools of the U.S. Therefore, families have suspicions not only about competency of the education but also for safety of their children in the school. While there is a great deal of studies which examined the effectiveness and success of school resource officers in schools, and studies which explore the perceptions of citizens, school administration, and juveniles toward police, fewer studies exploring the perceptions of school resource officers about different issues such as their perceptions toward juvenile justice system, school administration and staff, families of juveniles, and juvenile offenders. Fifteen school resource officers were interviewed in schools in a mid-sized Midwestern city in the U.S.. The researcher was allowed to conduct interview with police officers by Police Department's approval. The consent forms were delivered to participants which were reviewed and signed by the participants. Purposive sampling method was used by asking Deputy Chief in police department either who has worked or currently working in schools school resource officers. The interviews were digitally recorded. The researcher saved these interviews to the computer and transcribed them into the word processor. Findings revealed that there was no standardized training for school resource officers. Their criterion for using discretion was mostly based on the attitude of the families toward them or toward their children. They perceived minor offenses in schools as 'gateway' for future serious offenses. Since the study participants were not randomly selected and the sample size was 15, findings cannot be generalized to all school resource officers in the U.S. However, it is expected that all school resource officers would have common experiences such as use of discretion, problems with school administration, and the prevalence of violence among youth. Thus, this study can provide some insights about the experiences of school resource officers from other States of the U.S. Further research in the area of school resource officers is needed to determine solutions to youth violence in schools.

Вісник Національної академії правових наук України № 2 (85) 2016 Справедливість, як правильне, об'єктивне, неупереджене ставлення до будь-кого, має бути покладена в основу правового регулювання всіх суспільних відносин, що виникають у державі. Принцип справедливості, будучи недосяжним ідеалом, спрямовує діяльність державних органів на таке забезпечення • ПитаННЯ аДМіНістративНого та МіжНароДНого Права • БОЙКО ІРИНА ВОЛОДИМИРІВНА, кандидат юридичних наук, доцент кафедри адміністративного права, Національний юридичний університет імені Ярослава Мудрого,

The  Youth Criminal Justice Act (YCJA) came into force April 2003. Youth in Canada have always been given special consideration by the courts and correctional systems because of their vulnerability and need for protection.  This was preceded by the Young Offenders Act and the Juvenile Delinquents Act where court procedures were characteristically very formal.

O ensino universitário no domínio do Direito constitucional, fiscal e contraordenacional, impôs estas lições, tendo por base o Regime Geral das Contraordenações e o Regime Geral das Infrações Tributárias.
Além do desenvolvimento histórico do Direito das contraordenações, procurou-se estabelecer um sistema jurídico estrutural que autonomize aquele Direito. Dispôs-se sobre as fontes de Direito e métodos de interpretação normativa, incluindo as regras de aplicação no tempo e no espaço e os princípios fundamentais. Estruturou-se a forma de atividade contraordenacional, com a sistematização dos principais atos praticados pela autoridade administrativa, e trataram-se os meios e os modos daquela atividade, sistematizando-se o procedimento e o processo contraordenacional.

As of April 2003, Canada has new youth justice legislation that has implications for how police do their work in the areas of informal action (extrajudi-cial measures or sanctions). Because of legislative change, there exists a strong potential for challenges within the police culture's typifications and recipes for action in how police officers define a youth as a delinquent and an offense as serious. Using a mixed method-mixed model design and data from 202 semistructured interviews collected during 2002, this article explores the continuity and discontinuity in definitions between the police culture and the legislation. These are compared and contrasted to assess whether the nature of official responses to juvenile crime will differ in the new legislative environment. The results suggest that for legislative change to be effective in harmonizing police behavior, it must not only be represented in policies and procedures but also incorporated into the police culture.

In 1995, significant changes were made to the Young Offenders Act (YOA) to address mounting criticisms. However, by 2003 the legislation was repealed and replaced with the Youth Criminal Justice Act (YCJA) that was recognized from the outset as a much different and more complicated piece of youth justice legislation. Like its predecessor, after thirteen years in operation, the YCJA has also undergone significant amendments aimed at fixing some of its perceived weaknesses. This article addresses the question of to what extent long-recognized problems with administering youth justice in Canada are now being addressed more effectively with the enactment and amendment of the YCJA and corresponding changes in provincial and territorial youth justice policy and practice that have been introduced over the past two decades. As part of our analysis of outstanding policy challenges, specific attention is given to the findings of research on regional variations in the nature and use of young offender diversion programs, * Russell Smandych is a professor of sociology and criminology at the University of Manitoba, where he teaches and does research in the fields of Canadian and comparative youth justice, global criminology, and British colonial legal history. ** Raymond Corrado is a professor in the School of Criminology at Simon Fraser University where he teaches courses and is involved in research on youth violence, comparative youth justice, intervention/treatment for serious and violent youth, and terrorism. He is the Director of the Institute of Violence, Terrorism and Security at Simon Fraser University. 192 MANITOBA LAW JOURNAL| VOLUME 41 ISSUE 3 remand custody, case outcomes, sentencing practices, and the issue of the disproportionate incarceration of Indigenous youth. Drawing on a wide range of published and unpublished research on the enactment and implementation of the YCJA, we argue that while significant progress has been made on some fronts – including the substantial reduction in the use of custody sentences – other areas of youth justice administration are still sadly in need of repair in Manitoba and elsewhere across Canada.

The article defends two theses. The first thesis to the undue restriction of freedom of political expression nowadays in the elaboration and interpretation of penal norms. This phenomenon is caused by a diversity of factors, among which it is worth mentionating the ignorance of the chilling effect of freedom of expression arising from punishing the excess of expression, and the non-viability of an alternative administrative sanction. The sencond thesis is only apparently contradictory with the first one: in our web world, in wich there is an enormous potential of causing harm trough expressions, honor and privacy are not being sufficiently protected against non-political-communication.

Азаров Д.С. Функціональне призначення категорії кримінального проступку / Д.С. Азаров // Кримінальне право України: сучасні реалії і наявні проблеми. Тези доповідей учасників круглого столу, присвяченого 80-річчю з дня народження професора С.С. Яценка. Київський національний університет імені Тараса Шевченка, 23 грудня 2016 р. // Юридичний вісник України. Інформаційно-правовий банк. – 2017. – 10–23 лютого. – № 6–7. – С. 4–5.

For young people who come into contact with the juvenile justice system, how they are sentenced following an arrest may profoundly influence the course of their development and adjustment as adults. Much of the research to date has focused on racial and ethnic disparities in juvenile justice sentencing policies and practices, and less is known about sentencing disparities based on other youth characteristics. Using Los Angeles County administrative data, this study investigates the effects of gender and child welfare statuses on sentencing for young people who are arrested for the first time (N = 5061). Results indicate that both young men and women are sentenced more harshly dependent upon the disposition, such that girls were more likely to be sentenced to group homes compared to boys, but boys were more likely to be sentenced to correctional facilities compared to girls. Child welfare-involved youth with a recent placement history are prone to more punitive sentences compared to their non-child welfare counterparts. Further, child welfare young women were not more likely to be sentenced to a harsher disposition compared to child welfare young men or non-child welfare young women. Implications for practice and future research are discussed.

In North America, the approach to youth crime and juvenile offenders has become increasingly punitive, and deterrence is seen as a significant goal of sentencing. Young people's views about their sentences can provide insight into the meaning of these experiences and their perceived connection to offending behavior. The authors interviewed 53 young male offenders about their perceptions of youth court dispositions and explored what offender, offense, and disposition characteristics predicted their beliefs about the specific and general deterrent value of their sentences. Juveniles varied in their perceptions about their sentences as deterrents, but the characteristics examined did not adequately account for this variation. Their perceptions reflected multiple approaches to achieving deterrence, including not only the get-tough focus on dispositions as punishments but the role that sentences play in helping young offenders achieve personal change. Implications of the findings for the get-tough approach to youth justice and study limitations are discussed.

This paper studies the reasons for increase of juvenile crimes over recent years in Azerbaijan and gives possible solutions for preventing them, such as providing individual psychological support for both young offenders and disobedient children who are at risk of becoming an offender; improving Juvenile Justice System etc. The statistics show that in 2010 the numbers of young offenders were 439 persons, in 2011 475 persons, in 2012 490 persons and eventually in 2013 this number was 514

Specialized courts rely on partnerships with community agencies to address multiple issues related to offending. Despite their popularity, little is known about the implications of such partnerships or about how stakeholders negotiate client support, therapeutic interventions and correctional prac- tices. We analysed six Canadian sites (four drug treatment courts and two community/wellness courts), specifically focusing on how they conceptualize and respond to housing issues. We found that practices are pushing the boundaries of punishment and producing unintended consequences related to (1) positioning homelessness as criminogenic, (2) emphasizing short-term stability to the detriment of longer-term solutions and (3) facilitating enhanced supervision/knowledge exchange. When legal concerns dominate, therapeutic potential is compromised, along with efforts to restruc- ture supports needed by marginalized offenders in the community.

... Kevin W. Whiteacre Salvation Army Correctional Services Program Chicago, IL ... If used properly, more-over, they do not simply punish undesirable behavior but “augment the treatment process” as well (US Government Accounting Office, cited in Hora, Schma, &amp; Rosenthal, 1999 ...

Paper is devoted to the determination of the range of administrative offenses, which should be transformed to the criminal misconducts. On the basis of the issues of the Convention of the Protection of Human Rights and Fundamental Freedoms as well as of the European Court of Human Rights judgments the concepts for the corresponding problems resolving are proposed.
Keywords: criminal offense, crime, criminal misconduct, classification of criminal offenses.
Наразі все частіше піднімається питання визначення кола діянь, що доцільно визнати кримінальним проступками. Досі якогось чіткого критерію окреслення цього кола у вітчизняній кримінально-правовій літературі не запропоновано.
У цій статті  пропонуються концептуальні засади вирішення зазначених проблем, що базуються на положеннях Конвенції про захист прав людини і основоположних свобод та на практиці Європейського суду з прав людини.
Ключові слова: кримінальне правопорушення, злочин, кримінальний проступок, класифікація кримінальних правопорушень.