The Committee on Judicial Policy recognized the draft law on amendments to several laws of Ukraine re the authorized subdivisions of the internal affairs bodies on prevention of offences among children as corresponding to the provisions of the Constitution of Ukraine

Information Department of the Verkhovna Rada of Ukraine Secretariat
29 November 2013, 14:11

 
The bill (Reg. No. 3065) was elaborated in order to distribute powers of bodies and services on maters of children, as well as special institutions and authorized subdivisions of the internal affairs bodies on crime prevention among children on exercising social protection of children and preventing administrative and criminal offences among children, which will allow refine activity of the abovementioned bodies and services and help prevent duplication of their functions.   

It is suggested amend the Law “On Militia”.

The Committee noted that under the Main Law of Ukraine (part three of article 51) childhood in Ukraine is protected by the state. Under the Convention on the Rights of the Child (part second of article 3; article 37), in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. States Parties shall secure that no child is deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

Under part three of article 40 of the Convention, States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law.

Under the constitution of Ukraine, (clause 6 of part one of article 92) the fundamentals of childhood protection are determined exclusively by the law.