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INTERNATIONAL STANDARDS OF THE PROCEDURE FOR APPLICATION OF DISCIPLINARY INFLUENCE MEASURES TO JUVENILE PRISONERS

The article examines the international legal standards of the procedure, particularly the rules and conditions, for the application of disciplinary influence measures to the juveniles sentenced to imprisonment. The author analyzes the relevant provisions of a number of such standards, namely: United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) of 17.12.2015; European Prison Rules of 11.01.2006; Guidelines for Action on Children in the Criminal Justice System (The Vienna Guidelines) of 21.07.1997; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment of 09.12.1988; United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) of 29.11.1985; United Nations Rules for the Protection of Juveniles Deprived of their Liberty (The Havana Rules) of 14.12.1990; The European Rules for juvenile offenders subject to sanctions or measures of 05.11.2008; Guidelines for child-friendly justice of 17.11.2010; Human rights in the administration of justice, including juvenile justice: Resolution 36/16 of 29.09.2017; Human Rights in the administration of justice: Resolution 75/185 of 16.12.2020; General comment No. 24 (2019) on children`s rights in the child justice system of 18.09.2019; Model Law on Juvenile Justice and Related Commentary: issued under the auspices of United Nations in 2013. The author finds out that the international standards for execution of punishment in the form of imprisonment of the juveniles pay special attention primarily to re-education, correction, social rehabilitation, readaptation as well as social reintegration of juvenile prisoners. The study reveals that the considered international legal acts focus, consequently, primarily on the educational impact of disciplinary measures, provide for an individual approach to juvenile prisoners, require the preservation of dignity and the welfare of juvenile prisoners, as well as enshrine the principle of proportionality of the applied measures in relation to the characteristics of the personality of a juvenile sentenced to imprisonment, and concerning to the circumstances and gravity of the offense committed by him/her. However, the author finds that the international standards, while defining a number of requirements for the application of sanctions, instead do not pay due attention to the incentives, which are mentioned only in the Nelson Mandela Rules and the European Rules for juvenile offenders