Problems of using foreign experience in the counteraction of crime in the juvenile field

AutorNicolay V. Valuyskov
CargoDon State Technical University (Institute of service sector and entrepreneurship branch Shakhty)
Páginas33-49
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
33
PROBLEMS OF USING FOREIGN EXPERIENCE IN THE
COUNTERACTION OF CRIME IN THE JUVENILE FIELD
Nicolay V. Valuyskov1
Analysis of results of numerous
research devoted to the foreign
experience of counteraction of crime in
the juvenile area allows making several
important in our view preliminary
conclusions.
First of all, the issues of fight
against juvenile criminality and criminal
offenses against minors were considered
in a relative isolation for a long time. The
only area of intersection of these parallel
research studies was possibly the
juvenile victimology within the
frameworks of which the mechanisms of
transformation of a criminal teenager
into the victim teenager were studied.
Secondly, among these numerous
researches it is hard to find the papers
that would be devoted exclusively or
predominantly to the problem of
applicability of a foreign experience in
Russian reality. Alongside with that
specifically this very problem is major
and crucial in our view for any research
devoted to the study of experience of the
1 Don State Technical University (Institute of service sector and entrepreneurship branch Shakhty)
Email: valuiskov58@mail.ru Tel.+7928 611 53 35
foreign legal culture. In our opinion any
foreign experience of counteraction of
criminality in the juvenile area shall be
evaluated in terms of the following
criteria:
1) relevance of the studied
experience to the same legal system to
which refers the legal system of the state
looking to acquire the experience;
2) comparability (coordinate) of
the extent and intensity of the registered
crime (type of crime) of the state
providing an experience and the state
acquiring such experience. The
comparison shall be supplemented by the
data concerning real criminality if
possible obtained from the
commensurable sources (public opinion
for instance);
3)    
introduction. Availability of the required
financial resources with the recipient
state for introduction of the respective
experience;
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
34
4) availability of similar
professional capabilities with the state
acquiring the experience for
implementation of the latter;
5) availability of the verified
empirical data concerning the efficiency
of a specific rule-making or law-
enforcement experience that we consider
for the purpose of repeating thereof
under conditions of another state;
6) degree of disintegration, i.e.
relative independence of the private rule-
making and law-enforcement decisions
(legal ideas, specific norms or elements
of such norms) that can be acquired
separately from the general decision
(model).
Thirdly, the study of the foreign
experience of counteraction of
criminality in the juvenile area
irrespective of the possibility and
expediency of using it right away seems
useful since the possibilities and
expediency can appear later.
The history of occurrence and
development of the systems of
counteraction of criminality in the
juvenile area (crimes encroaching on the
minors and crimes performed by the
minors) in the foreign states practically
coincides with the known history of the
state and law in terms of duration.
Thus, already the Code of the
sixth king of the First Babylonian
Dynasty of Hammurabi reigning in the
ancient Babylon from 1792 BC to 1750
BC established a considerable number of
penal prohibitions both on crimes against
minors and juvenile crimes.
In particular, according to §155
   ed a
bride to his son and his son have known
her, and if he (the father) afterward lie in
her bosom and they take him, they shall
bind that man and throw him in the

a man gives his son to a nurse and that
son dies in the hands of the nurse, and the
nurse substitutes another son without the
consent of his father or mother, they shall
call her to account, and because she has
substituted another son without the
consent of his father or mother, they shall
cut off her breasts
Severe punishments were
stipulated also for the minors
encroaching on the family principles. In
particular, according to §192 of the Code
    
adoptive son of a sacred prostitute
(priestesses engaged in sacred

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