Conceptual and Categorical Framework in the Sphere of Prevention of Child Neglect and Juvenile Delinquency: Comparative Analysis

  • Ekaterina ILGOVA Saratov State Law Academy, Russian Federation
  • Natalia DORODONOVA Saratov State Law Academy, Saratov, Russian Federation
  • Mikhail GORBACHEV Lomonosov Moscow State University, Russian Federation
  • Ekaterina EVSTIFEEVA Saratov State Law Academy, Russian Federation
  • Tamara SMAGINA Saratov State Law Academy, Russian Federation

Abstract

In the legislative practice of foreign countries, the normative definitions regulating an activity in the field of prevention of child neglect and juvenile delinquency are set forth in both regulatory and conservatory legislation. International legislation in this field imposes an obligation on states to bring domestic regulations into line with international standards. However, a large number of legal categories in the sphere of prevention of child neglect and juvenile delinquency have contributed to their consolidation in various branches of law that could not affect an emergence of problems in the effective regulation and protection of social relations arising in this area.


The aim of this research is to prepare a theoretical basis of the legal grounds and to reveal the effectiveness of implementation of conceptual and categorical framework in the field of prevention of child neglect and juvenile delinquency. The analysis of legislation is used with dialectical method as a universal cognition method in combination with general scientific and private scientific methods as dogmatic (formal and logical) and comparative legal, formal legal methods.


It is concluded that the definitions used in regulations of the former Soviet republics are the most similar. In English-speaking countries some legal concepts in the field of prevention of child neglect and juvenile delinquency are not clearly similar. The result of the research has shown that regulations are characterized by their own content or by their own terminology used in a particular country. Despite the differences in definitions states generally follow a policy of ensuring minors’ rights and freedoms.


The article specifies a general conception of interrelation between international and domestic legislation in the field of prevention of child neglect and juvenile delinquency.

References

[1] Bezhentsev, A.A. 2019. Genesis and Evolution of Juvenile Delinquency Prevention in Foreign Countries. Vestnik of Siberian Law Institute of the MIA of Russia. vol 37. No 4: 85–91.
[2] Saveliev, A.I. 2020. Victimizing Minors: Theoretical and Practical Issues. UrlitInform.
[3] Karnozova, L.M. 2019. Restorative Justice as a Transdisciplinary Area. Paper presented at the international meeting for the Institute of Philosophy of Russian Academy of Sciences, November 5–6, in Moscow, Russia.
[4] Sagalaeva, E.S., Ivahnenko, S.N., Landina, O.V. 2020. Social and Legal Norms Ensuring the Child’s Right to Live and be Brought up in a Family. Journal of Advanced Research in Law and Economics. vol. 10. No 2: 674 – 681.
[5] Berrick, J.D., Peckover, S., Poso, T., Skivenes, M. 2015. The Formalized Framework for Decision-making in Child Protection Care Orders: a Cross-country Analysis. Journal of European Social Policy. vol. 25. No 4: 366–378.
[6] Cunneen, C., Goldson, B., Russell, S. 2017. Human Rights and Youth Justice Reform in England and Wales: A Systemic Analysis. Criminology and Criminal Justice. vol. 18. No. 4: 405–430.
[7] Salaets, H., Balogh, K. 2015. Children and Justice: Overcoming Language Barriers. Intersentia.
[8] Dorodonova, N.V., Evstifeeva, E.V., Ilgova, E.V. 2018. Juvenile Delinquency Prevention: The Experience of the USA and New Zealand. Russian Journal of Criminology. vol. 12. No 4: 601–608.
[9] Spratt, T., et al. 2014. Child Protection in Europe: Development of an International Cross-Comparison Model to Inform National Policies and Practices. British Journal of Social Work. vol. 45. No. 5: 1508–1525.
[10] Federal Law ‘On Fundamentals of Child Neglect and Delinquency Prevention System’ of 24.06.1999 N 120-FL (ed. 26.07.2019).
[11] Zhumabayeva, Zh., et al. 2019. Ensuring the Protection of the Rights of the Child is a Priority in the Legislation of Kazakhstan. Journal of Advanced Research in Law and Economics. vol. 9. No. 7: 2484–2495.
[12] Federal Law ‘On Basic Guarantees of Children's Rights in the Russian Federation’ of 24.07.1998 N 124-Fl (ed. from 27.12.2019).
Published
2020-03-31
How to Cite
ILGOVA, Ekaterina et al. Conceptual and Categorical Framework in the Sphere of Prevention of Child Neglect and Juvenile Delinquency: Comparative Analysis. Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 1, p. 59 – 64, mar. 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4749>. Date accessed: 05 may 2024. doi: https://doi.org/10.14505//jarle.v11.1(47).08.