Features of improving psychological and legal measures to prevent juvenile delinquency in the Russian Federation

Sinyaeva Mariya Ivanovna ORCID: 0000-0003-3477-5448 PhD in Law Associate Professor; Department of Criminal Law; Southwestern State University 94, 50 let Oktyabrya str., Kursk, 305040, Russia mari_sinyaeva@mail.ru

Himedenova Dina Nikolaevna ORCID: 0000-0002-1270-7447 PhD in Law Associate Professor; Department of Criminal Law; Southwestern State University 94, 50 let Oktyabrya str., Kursk, 305040, Russia dina.0206@mail.ru

Introduction. The tendency of deterioration of economic well-being and stability in the Russian state significantly complicates the creation of conditions for a high-quality life of the population. This problem is especially relevant for vulnerable segments of society, among which children and adolescents stand out. The current state of affairs leads to an increase in the number of street children, who will increasingly become juvenile delinquents in the future.

In the current conditions, the prevention of deviant behavior of adolescents is a key element in the field of public safety in general. This explains the urgency of analyzing sociocultural individual factors that directly or indirectly affect persons under the age of majority. A critical analysis of existing practices for the prevention of offenses committed by children and adolescents highlights shortcomings in the current regulations of the Russian Federation (hereinafter – the Russian Federation). Thus, the efforts made should focus on an in-depth understanding of the causal relationships between the personal characteristics of young individuals, aspects of their social development and propensities to antisocial acts. As a result, the effect of taking preventive measures should be assessed by the degree of their ability to reduce the statistics of offenses among minors.

The multiplicity of various factors contributes to the formation of criminal tendencies among young people ^{[1, p.79; 2, p.117]}. The lack of proper parental control and upbringing, due either to the immoral behavior of guardians, or the absence of one of them in the process of educating the younger generation, is considered as the most important determinant of their delinquent manifestations. An additional reason for the illegal behavior of adolescents is the influence of a negative environment, in particular, provocations from peers and adults.

Another group of circumstances that impede the favorable development of a minor's personality includes a lack of attention and control from school institutions and the family, insufficient focus on the development of a teenager's personality, lack of effective employment mechanisms for young people and a low level of legal awareness among adolescents. These factors together stimulate the growth of crime among young people and emphasize the need for an integrated approach to solving this problem.

Discussion. The issues of crime prevention among the younger generation are in the focus of attention of the Russian legislator, as evidenced by the analysis of priority tasks enshrined in the basic Russian strategic planning documents. According to Decree of the President of the Russian Federation No. 400 dated July 2, 2021 "On the National Security Strategy of the Russian Federation", state and public security is ensured by improving the efficiency of law enforcement agencies, special services and state control bodies ^[3]. In this issue, the main attention is paid to improving the unified state crime prevention system, especially among minors. We are talking about the need for continuous monitoring and evaluation of the effectiveness of law enforcement practice, as well as the development and use of special measures to reduce the level of criminalization of public relations.

Another important normative document establishing principles and priorities in the work on the prevention of delinquent behavior of the studied population category is the Concept of developing a system for the prevention of neglect and juvenile delinquency for the period up to 2025, approved by Decree of the Government of the Russian Federation No. 520-r dated 03/22/2017. It includes the main directions, forms and methods for the improvement and development of this system ^{[4, 5]}. The purpose of the designated concept is to create conditions for the successful socialization and re-socialization of minors, as well as the formation of their readiness for self-development, self-determination and responsible attitude to their lives.

In the considered conceptual framework, the key strategic goal is designated as minimizing the incidence of illegal actions among young people. In this case, we are also talking about preventing cases of recidivism, as well as ensuring that every child can live and receive education in a family. Important priorities in the aspect under study are also the creation of conditions for the formation of a promising future for minors, as well as improving the management of bodies and institutions of the system for the prevention of neglect and delinquency, including effective interdepartmental interaction ^{[6, 7, 8]}. In addition, we must not forget about improving the technologies and methods of preventive work with minors, as well as about improving the professional competence of specialists working in this system.

The patterns of young people committing offenses are determined by their special characteristics, which require unique approaches in the applied prevention strategies. The age-specific characteristics of adolescents and the nature of the crimes they usually commit distinguish them from adult offenders and require the application of separate prevention principles. Despite this, the basis of tactics for countering juvenile delinquency remains the universal principles of combating this negative phenomenon ^{[9, p. 140]}.

Having considered the statistics of juvenile delinquency for the period from 2007 to 2023, we can note a clear and stable downward trend in both the absolute number of convicted minors and their share among all convicts. In particular, if in 2007 the number of such convicts slightly exceeded 80 thousand people, then by 2023 their number had decreased to 16 thousand people, which is less than five times lower than the initial level. Similarly, if in 2007 the share of minors from the total number of convicts was 8.1%, then the same indicator in the past 2023 fell to 1.4% ^[10].

At the same time, despite the decrease in the quantitative indicators of juvenile delinquency, their qualitative characteristics indicate the presence of obvious problems in the affected area. We are talking about an increase in serious and especially serious crimes committed by teenagers, about the more frequent involvement of this category of criminals in acts against public safety (terrorist acts, mass riots, etc.), about a significant "rejuvenation" of child crime, about an increase in juvenile group crime ^[11]. Taken together, these circumstances demonstrate the need for comprehensive preventive work, providing for the improvement of socio-economic conditions, educational and psychological support for young people, as well as the establishment of stricter control over the trafficking of narcotic drugs and other prohibited substances, etc.

Another, equally important area of preventive policy in the aspect under study is related to the improvement of the work of judicial authorities in the application of various measures of criminal liability to juvenile offenders. In order to clearly reflect the position mainly supported by the Russian courts, it is advisable to consider examples of specific criminal cases, the subjects of which were, among others, minors.

Case No. 505005/2023 was considered by the Moscow Arbitration Court on January 12, 2023. It was about a theft committed by a sixteen-year-old K. in a large shopping center. According to the materials reviewed by the court, K. was detained by security guards while trying to take out expensive electronics without payment. The charge was brought under Article 158 of the Criminal Code of the Russian Federation (theft), while K.'s lawyer insisted that the teenager acted under pressure from older comrades. The court, taking into account K.'s underage age and his remorse, sentenced him to a suspended sentence for a period of one year with the obligation to attend correctional programs and classes on social adaptation. In this case, it is important to note that the court showed humanism and a desire for the rehabilitation of a minor, which corresponds to modern approaches supported in juvenile justice.

Case No. 717255/2023 was considered on March 15, 2023 in the Sverdlovsk Regional Court. 17-year-old M. appeared in the dock, accused under Article 166 of the Criminal Code of the Russian Federation (theft). M. stole a car belonging to neighbors and was detained by police officers after he was involved in a traffic accident. The court found that the teenager had no intention of appropriating the car, and the theft was committed out of hooligan motives. It also turned out that M. was in a state of mild intoxication. The court sentenced M. to a fine of 10,000 rubles and assigned him compulsory work for a period of 200 hours. In this case, the court took into account mitigating circumstances, such as the absence of previous convictions and a positive characterization from an educational institution, but insisted on the need for public punishment to realize the actions committed.

Case No. 809856/2023 was considered in the Central District Court of St. Petersburg on June 22, 2023. The case concerned 16-year-old O., accused under Article 161 of the Criminal Code of the Russian Federation (robbery). O., together with a group of peers, attacked a passerby and took away his mobile phone and wallet. The victim suffered minor injuries. At the trial, O. admitted her guilt, explaining that she was influenced by friends and did not plan a serious crime. The court, taking into account the degree of O.'s involvement in the crime and her underage age, sentenced her to six months of probation and sent her to psychological rehabilitation. This case demonstrates the need to work with adolescents on a psychological level to prevent repeat offenses.

Case No. 911123/2023 was considered on August 30, 2023 in the Primorsky Regional Court. The accused was 17-year-old S., who was charged under Article 228 of the Criminal Code of the Russian Federation (illegal acquisition and possession of narcotic drugs without a marketing purpose) and Article 230 of the Criminal Code of the Russian Federation (inducement to use narcotic drugs). S. was detained for possession of a significant amount of marijuana and for offering drugs to school friends. The court took into account the case materials characterizing the difficult socio-economic situation of the family and the lack of constant supervision by adults. Although drug-related crimes are perceived as particularly serious, the court sentenced S. to one and a half years of probation, with a mandatory rehabilitation program. The decision was made on the basis of Article 72 of the Criminal Code of the Russian Federation, which stipulates the possibility of applying conditional punishment for minors.

Case No. 101245/2023 was considered on November 25, 2023 in the Southern District Military Court. In this case, 16-year-old A. was charged under Article 105 of the Criminal Code of the Russian Federation (murder) and Article 111 of the Criminal Code of the Russian Federation (intentional infliction of serious harm to health). A. was involved in a fight with a tragic outcome: one of the participants died, the other was seriously injured. The court found that the fight was provoked by A. himself as a result of a domestic conflict. The lawyer insisted on insanity at the time of the crime, referring to the mental abnormalities of the teenager, but the examination found him sane. The court imposed a sentence of six years in prison with serving in an educational colony.

After analyzing the cases presented, several important conclusions can be drawn. Firstly, in each of the cases, the courts tried to take into account the characteristics of the juvenile defendants, their social environment, the level of involvement in criminal activity and the presence or absence of mitigating circumstances. This suggests that the juvenile justice system works with an emphasis on rehabilitation and social adaptation of adolescents, and not only on punishment.

Secondly, in cases of various types, there is a tendency to use a combination of various corrective measures — from suspended sentences and compulsory work to referral to psychological rehabilitation and participation in special programs. This shows that the courts are striving to apply a comprehensive approach to prevent recidivism among minors.

Thirdly, crimes related to drug trafficking (case No. 911123/2023) require special attention, as they indicate the insufficiency of preventive measures and the need for enhanced work with adolescents and their families to prevent the involvement of young people in criminal schemes.

The fourth and fifth cases (No. 809856/2023 and No. 101245/2023) illustrate the importance of psychological and social work with adolescents already at the early stages of their criminal activity. At the same time, the severity of the crime directly affects the degree of punishment, but an important aspect remains the possibility of rehabilitation and the return of the young offender to normal life.

Thus, it can be stated that the modern judicial system of Russia in relation to juvenile offenders tends not so much to punitive measures as to search for ways of rehabilitation and recovery, which is an important element of justice and social structure.

At the same time, gang crime among minors is a serious social problem affecting the formation of a future society. As teenagers come together in groups to commit crimes, psychological factors become key in understanding and preventing such phenomena. The complexity and diversity of such crimes can be illustrated by referring again to the materials of Russian judicial practice.

In case No. 2-1345/2022, considered in the district court of Novosibirsk, a group of minors was accused of committing a series of shoplifting. The teenagers acted in a coordinated manner, assigning roles so as to minimize the risk of being caught. The court took into account the increasing nature of the crimes, as well as the influence of one of the minor leaders on other members of the group. As a result, various punishments were imposed on the perpetrators, including mandatory work and supervision, in order to rehabilitate and prevent further criminal behavior.

Another example is case No. 1-654/2021, considered in the Krasnodar Regional Court. In this case, a group of teenagers led by one of them committed a robbery on a passerby in order to steal personal property. The court found that the leader of the group had a significant influence on other participants, encouraging them to follow his instructions. When passing sentence, the court took into account that all participants realized the wrongness of their actions and partially compensated the victim. The resulting punishment included conditional imprisonment with mandatory participation in rehabilitation programs.

In case No. 3-234/2022, considered in the St. Petersburg City Court, a group of minors was prosecuted for participating in hooliganism and vandalism. Teenagers systematically damaged the property of several schools and residential buildings. The court took into account that the actions of the teenagers were aimed at causing material damage to public propertythey created a danger to others. Accordingly, educational measures have been established for minors: participation in socially useful work and mandatory attendance at psychological trainings and classes.

The studied case materials show that in each case, the courts take into account not only the nature and severity of the crimes committed, but also seek to determine the most effective measures to influence juvenile offenders for their rehabilitation and return to normal life in society.

However, in order to prevent a teenager from being "dragged" into the criminal world, it is advisable to implement measures to prevent juvenile group crime at a much earlier stage. Only in conditions of strict observance of the rule of law, a democratic approach, humane treatment, family support, individual approach, state and public mutual assistance, as well as ensuring the responsibility of all participants, significant results can be achieved in reducing the level of juvenile delinquency. The most important task in this context is to create a holistic and integrated system of preventive measures aimed at long-term positive changes in the behavior and social development of children and adolescents, their successful socialization and adaptation in society.

Effective prevention of juvenile delinquency is impossible without a deep understanding of the psychological characteristics of adolescence. Undoubtedly, representatives of the younger generation strive to create their own identity and belonging to a certain group, which allows them to feel part of the community. In some cases, joining a group of criminals becomes a way to gain status and respect among peers ^{[12, p.440]}.

At a young age, there is an active formation of a value system, but it is not always stable and may be subject to external influences. When a teenager is in the company of peers who themselves engage in delinquent activities that have led to prosecution, the likelihood that he himself will become an adept of such behavior increases. The group effect, in which a teenager becomes exposed to the social and psychological effects of his companions, is one of the most powerful factors that encourage crimes. Teenagers are especially susceptible to the influence of authority figures, both adults and their peers. Destructive subcultures, propaganda of violence, negative examples from the environment - all this can push them to illegal actions.

Against the background of the above, it is advisable to consider the main psychological methods of combating group crime among young people, focusing on prevention, intervention and rehabilitation.

The first step in preventing group crime should be to identify the reasons that encourage minors to form groups for criminal acts. Research shows that teenagers often seek membership and recognition in a group, which contributes to the formation of criminal "communities". Meeting this need can significantly reduce the risk of involvement in criminal activities. Group dynamics can have a strong influence on a teenager's behavior. The desire to be accepted, the fear of rejection, and pressure from group leaders can push him to participate in group offenses.

Not only psychological characteristics, but also external factors play a significant role in the formation of group crime. It is not uncommon for teenagers who grew up in dysfunctional families or in ghettos to become victims of public indifference. With weak parental support, they face a lack of positive life prospects. Group crime for such teenagers becomes a way to show their existence and show their strength ^{[13, p. 5; 14]}. Lack of love and care in the family, conflicts between parents, alcoholism or drug addiction in the family, the negative influence of parents on the child - all this can become the ground for deviant behavior.

Another factor is the lack of interests and hobbies. If a teenager does not have the opportunity to engage in sports, creativity or other useful activities, there is a risk that he will be attracted to meaningless or destructive activities. Joining a group of criminals can be a form of filling a void in their lives. Methods of encouraging healthy social connections through participation in sports teams, interest clubs or volunteer organizations are able to direct the energy of adolescents in a constructive direction ^{[15, pp.691-694]}.

Academic failures and problems at school can create feelings of inferiority, block the path to self-realization and lead to the search for satisfaction in negative behaviors. Also, the lack of positive social connections affects the formation of personality. A meager social circle, lack of friendly relations, and lack of interaction with positive and socially active people can lead to social isolation and increase the influence of the street environment.

Another factor is the influence of destructive subcultures. Subcultures promoting violence, hooliganism, and criminal activity may attract teenagers seeking belonging, satisfaction of their needs, a sense of power, and impunity.

Despite the existence of a legislative framework and developed psychological foundations, the existing mechanism for combating juvenile group crime faces a number of serious problems.

The first of them is the lack of interaction between law enforcement agencies and other social institutions. It is worth noting that in practice, effective interaction between law enforcement agencies, educational institutions, social services, and parents is not always ensured ^{[16, p.184, 17, p.163]}. The lack of a clear coordination system, insufficient awareness and interaction between these institutions together reduce the effectiveness of preventive measures. Information about troubled adolescents is not always available to all interested parties, which limits opportunities for early prevention and assistance. This problem is reinforced by the lack of a unified approach to prevention and rehabilitation. Each institution works on its own, not always coordinating its actions with others.

Weak work on the prevention of offenses in educational institutions is the second problem in the implementation of the mechanism for combating juvenile group crime. Thus, it should be noted that legal and psychological education programs are not always fully implemented in the country. The lack of a systematic approach to legal education and psychological support weakens preventive work in schools. There is also no system of early diagnosis and prevention of deviant behavior in the Russian Federation ^{[18, p.83, 19, p. 261]}. Teachers do not always have the necessary knowledge and skills to identify risk factors and provide timely assistance. The stated problem is supported by insufficient attention to the psychological aspects of education. The school curriculum is often dominated by academic disciplines, while educational work is more situational and "point-based" in nature.

The third problem is expressed in insufficient financing and logistical support for the prevention of juvenile delinquency, including group delinquency. Limited financial resources do not allow carrying out a sufficient number of preventive measures, developing special programs, and training qualified specialists. The lack of the necessary material and technical base (special premises, equipment for classes, access to modern information resources) limits the opportunities for effective work with adolescents ^{[20, p.118]}.

In order to improve the mechanism of the psychological and legal foundations for combating juvenile group crime, it seems rational to develop the following proposals.

1. Strengthening interagency cooperation, which will include the creation of a unified system of joint cooperation between law enforcement agencies, educational institutions, social services, and parents. It is also advisable in this direction to provide for the development of common standards and protocols of interaction, as well as the creation of a unified information system for the exchange of data on troubled adolescents. An important way to increase the effectiveness of preventive work will be to conduct joint activities at the federal, regional and local levels to prevent offenses.

2. Improvement of preventive work in educational institutions, which should be mainly aimed at the development and implementation of systemic programs of legal and psychological education, as well as training teachers in methods of early diagnosis and prevention of deviant behavior. The creation of special psychological and pedagogical services in schools and the development of a system of educational work aimed at the formation of positive values, the development of social skills, and the involvement of adolescents in learning, creativity, and sports are also seen as quite effective.

3. Strengthening work with the family, which should be expressed in conducting psychological and pedagogical consultations for parents. We are talking about the development and implementation of parental education programs, as well as the creation of special centers for adolescents and their families, where they can receive help in solving family problems and provide support in difficulties.

4. The development of alternative measures of responsibility, in particular, the expansion of the use of non-traditional forms of punishment aimed at the re-socialization of juvenile offenders (social rehabilitation programs, vocational training, occupational therapy). One of the effective mechanisms in this regard will be the creation of special institutions for juvenile offenders, where they can receive assistance in correcting their behavior.

5. Professional development of specialists, including training of law enforcement officers, teachers, social workers in modern methods of prevention and rehabilitation of juvenile offenders. The work in the stated aspect will also include the creation of special courses on adolescent psychology, social pedagogy, and criminology. However, this activity should not be limited to a one-time training of these subjects. It is about providing ongoing support and encouragement for the professional development of specialists working with juvenile offenders.

Summarizing and summarizing what is stated in this article, it should be noted that juvenile gang crime is a complex problem that requires an integrated approach that unites the efforts of all stakeholders. The improvement of the mechanism of psychological and legal prevention of group juvenile delinquency should be carried out in close connection with social, economic and political processes in society. It is necessary to create a comprehensive system of measures based on interdepartmental cooperation and the use of modern psychological and legal methods and forms of prevention. This will reduce the level of group juvenile delinquency and create a safer and more favorable environment for the younger generation.