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Constitutional rights, freedoms and responsibilities of a citizen and a person.

Constitutional rights, freedoms and responsibilities of a citizen and a person.

One criminal case particularly struck me with its cruelty and cynicism. One of the defendants – a very young man, yesterday’s graduate of one of the rural boarding schools in the region and vocational school, was accused of killing four people in a few days for taking their property and money, killing with a crowbar, an ax , did not spare anyone. including two elderly people (husband and wife) who were disabled. He lied in court, showing neither remorse nor an admission of guilt. When Judge N. Smolka, presiding over the court hearing, gave him the right to have the last word, he refused that right with a cynical smile. This is exactly the smile on his face when he was read the sentence – life imprisonment in prison.

It is a matter of great concern that a significant number of crimes are committed by teenagers, minors who steal property, rob, commit robberies, theft of vehicles, rape and kill every day. The terrible thing is that many teenagers commit crimes, other offenses intentionally, ignoring all moral principles, “go to work” in a state of alcohol or drug intoxication, not alone, but in real gangs, groups, use weapons, other dangerous objects, do “dirty business” for good. I remember my first case in court. A gang of teenagers (the youngest was nine years old, the oldest – 14) on the island of Khortytsia took turns raping a six-year-old girl. Then they tried to kill her for a long time, which they did, but at the same time they cut off her leg.

In August 2007, the Judicial Board of the Chamber of Criminal Cases of the Zaporizhia Oblast Court of Appeal began hearing a criminal case accusing two teenagers of killing a boy in a village in the region (the child was killed in his own home).

In fairness, according to law enforcement agencies, there has been a general decline in the number of crimes committed by adolescents in Zaporizhia. But some figures are impressive: for seven months of the current year in Zaporozhye teenagers committed 230 crimes in which 212 minors took part (in general in area teenagers committed 674 crimes). Regarding the age of juvenile offenders:

14-15 years old – 60 people; 16-17 years – 15; 46 people study in the city schools; study in vocational schools (or in professional lyceums) of the city – 3.

If you look at the crimes committed by teenagers in the city, the situation is as follows:

grievous bodily harm – 4 crimes; theft of state property – 7; robbery of personal property – 20; robberies of personal property – 45; theft of personal property – 51; thefts from apartments – 13; committed crimes in a state of intoxication – 16 people.

All this suggests that the problem of legal education and upbringing of citizens, and especially the younger generation, is a priority today in educational work in general.

The most important form of such work is the teaching in school of the compulsory course “Fundamentals of Law”, which is studied in the 9th grade. In the process of teaching the course, students study the following topics:

State. Right. Historical development of the state and law. Fundamentals of the legal status of man and citizen. Constitutional rights, freedoms and responsibilities of a citizen and a person. Fundamentals of the constitutional order in Ukraine. Fundamentals of state power in Ukraine. The most important provisions of civil, land, family and labor law. The most important provisions of administrative and criminal law.

In my opinion, this course is and remains mandatory in the school curriculum, although I am sure that some topics and questions of the course are not needed or overloaded or should be studied in specialized classes.

But as a teacher and a citizen I am sure – this course is not enough in modern conditions.

I suggest: to introduce into the school curriculum a number of additional mandatory special courses in the basics of law:

in 7th grades – the course “Fundamentals of lawful conduct and legal culture”; in 8th grades – the course “Fundamentals of the legislation of Ukraine on administrative and criminal liability”; in 9th grades – together with the compulsory course “Fundamentals of Law” special course “Fundamentals of Criminal Procedure of Ukraine”; in 10th grades – the course “Fundamentals of Family Law of Ukraine”; in 11th grades – the course “Fundamentals of Ukrainian labor legislation”.

Thus, it is proposed to begin the study of the basics of law from the seventh grade. I am sure that this age is enough for students to begin to study specific legal terms and concepts, to understand their meaning and significance.

When studying the course “Fundamentals of lawful conduct and legal culture”, students must study and understand the content and significance of the following issues:

What is lawful behavior and legal culture. What are laws, the Constitution of Ukraine, what are they for? Law of Ukraine “On Education”, its content and how to implement it. What rights do Ukrainian citizens have, what responsibilities and whether they are needed. What is an offense, what are the types of offenses. What is legal liability for offenses and what types of legal liability exist in Ukraine.

By the way, as a teacher of history and basics of law, I have developed narrative essay topics for grade 8 a program of such a special course, which is approved by the scientific and methodological council of the Zaporozhye Regional Institute of Postgraduate Pedagogical Education and provides for 34 hours per academic year.

On June 22, 2007 at the meeting of the scientific-methodical council of the Zaporizhia Regional Institute of Pedagogical Postgraduate Education my author’s program of the special course “Fundamentals of the legislation of Ukraine on administrative and criminal liability, August 9, 2007” was approved … In addition to the educational goal – students mastering the basics of legal knowledge in the field of administrative and criminal law, the special course has an educational and preventive goal – prevention of criminal and administrative offenses, education understanding of the principle of liability for their wrongdoing … The reviewers of the program were the Prosecutor of Zaporizhia Region, State Counselor of Justice, Candidate of Law V. Kulakov, Deputy Chairman of the Court of Appeal of Zaporizhia Region, Chairman of the Chamber of Criminal Cases V. Tyutyunnyk, Judge of the Court of Appeal, Chairman of the Council of Judges of Zaporizhia Region, Associate Professor of Zaporizhia Law Institute G. Aleinikov, who praised the content and importance of the special course program, for which I am sincerely grateful to these qualified lawyers of our country. The prosecutor of the Zaporozhye region V. Kulakov in his review correctly pointed out that in the curriculum of the compulsory course for 9th grade students to study such a fundamental topic as “The most important provisions of administrative and criminal law”, the state program provides only three (!) lessons for the school year and, given that the number of crimes and other offenses is not decreasing, especially on the part of minors who are insufficiently aware of legal issues, such an installation of the state program is clearly insufficient.

The program of the special course provides 34 lessons for the school year, which are posted on the following topics:

Fundamentals of legislation administrative of Ukraine (8 hours). Criminal offense (10 hours) – students will learn the basic guidelines that relate to the crime as an illegal act. Criminal liability (9 hours) – students will learn everything related to criminal liability and criminal penalties. Criminal liability for some criminal offenses (7 hours) – students will study the main provisions of the Criminal Code of Ukraine on liability for the most common crimes.

It should be added that in addition to the program of the special course, a program of optional classes has been developed and approved – “Criminal Law Film Club”, also designed for 34 lessons per school year and provides students with a number of feature and documentary films produced by leading TV and TV companies, Europe and the United States), which will “visually” help students to carefully master the content of the proposed special course “Fundamentals of Ukrainian legislation on administrative and criminal liability.”

The program of the special course “Fundamentals of Criminal Procedure Legislation of Ukraine” was approved at a meeting of the NMR ZOIPPO in 2005. I was prompted to develop such a special course by numerous examples of legal ignorance of victims of crimes I saw during the Court of Appeals. judge of the Leninsky district court of Zaporozhye. Even working at school, I was often forced to answer the questions: what to do if a crime is committed, and whether the investigator (prosecutor) has the right to do so, and how to protect their rights and so on. What struck me most was the case when hooligans brutally beat and robbed my student, who had to be treated in hospital for a long time. The parents simply did not know what to do in this situation, especially when the RVVD investigator closed the case for the minor significance of the event.

In general, in such situations and with such questions, I advise you to seek advice from professional lawyers. But if there are such situations, then there is a problem that needs to be addressed. (I will add: the parents of the injured student brought the case to an end – the court sentenced the perpetrators to various terms of imprisonment. In addition, the parents managed to get some compensation as civil plaintiffs in a criminal case).

The reviewers of the special course program were the Deputy Chairman of the Court of Appeal of Zaporizhia Region V. Tyutyunnyk, Judges of the Court of Appeal O. Buleyko, N. Zhecheva, A. Tatarinova – highly professional and widely known lawyers of Ukraine.

The program provides for 34 lessons per school year. It is proposed that students learn the basics of criminal procedure legislation of Ukraine, namely:

For which you can be prosecuted. What is a criminal case (who has the right to initiate or terminate a case, investigate it, who is an investigator, prosecutor, lawyer). What is an investigation, what are the legal investigative measures. Who is the accused and his legal status. Who administers justice in Ukraine. Who is the victim and his rights and responsibilities, what is his legal status. What is a sentence and the procedure for its execution, appeal.

I will add that to the offered special course the program of the elective “Film club of criminal procedural law” is developed, also calculated on 34 lessons at which pupils will be able to “visually” look and understand the maintenance of the offered questions in the form of film lessons and video lessons. , USA, recorded on videotape and DVD).