Procedure for registering a minor with the police. What are the consequences of registering with the commission for minors - measures of influence on the parents of children and administrative punishment from the KDN

Almost every teenager dreams of growing up quickly, but it does not happen automatically at will, given that you cannot fool nature. That is why some of the children, in an attempt to assert themselves as adults, commit not entirely plausible acts.

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And since the system of the same criminal penalties still takes into account the age of the offender and the severity of the crime, at the initial stage, compulsory educational measures can be used, which include preventive registration.

Concept

Most children's delinquencies do not happen suddenly due to circumstances, although at first glance it seems so.

A child who has encroached on someone else’s property or taken an active part in a fight, as a rule, is brought up in an environment that is characterized by disrespect for moral standards or permissiveness.

That is, even in childhood, the child sees how the law is violated and copies the model of behavior.

Also, children who could not be denied anything in childhood are distinguished by the absence of boundaries of permissiveness. As a result of this, they are accustomed to taking what they want without taking into account the opinions of outsiders and their desires.

And now let’s add to the above situations the transitional age, characterized by increased hormonal excitability and the development of character, as well as the desire to assert oneself through the pattern of behavior that is inherent in the surrounding adults. The result is an explosive mixture that can instantly awaken cruelty and lead to the most serious consequences.

However, according to psychologists, the child’s psyche under 16 years of age is very unstable. Not all children can perceive the situation adequately and be aware of their actions, not to mention aware of the consequences that may result from their illegal actions. That is why, in a number of cases, when a crime of minor gravity is committed or the child is under 14 years of age, the child cannot be subjected to criminal liability, but the current situation cannot be ignored either.

That is, even when a child is handed over to the school and parents, information about the offender is recorded by registering him in a special file cabinet.

It is being conducted not just to identify potential criminals in the future, but also to take preventive measures now, while the situation can still be corrected.

Thus, registration acts as an educational measure that is applied to a child who has violated the law.

Normative base

Juvenile offenders are a separate category to which completely different rules and regulations apply.

In particular:

By virtue of Article 425 of the Code of Criminal Procedure of the Russian Federation, a child under 16 years of age is prohibited from being interrogated without a teacher or legal representative.
It is possible to carry out criminal procedural procedures with a person of the specified age only taking into account their age, that is, the same interrogation should last no more than 4 hours a day with a break.
When working with children, other aspects must be taken into account: psychological, and not just legal. Therefore, separate units have been created at police departments whose responsibilities include working with teenagers who, on the threshold of adulthood, have broken the law or are leading an immoral lifestyle.

PDN employees do not just deal with minors, but act within the strict framework of the law, defined by it. It sets out both the list of unit responsibilities and powers, as well as the procedure for registration. Also, this body in its work is guided by the norms of the Code of Criminal Procedure of the Russian Federation - Chapter 50, which determines the procedure for implementing procedural measures.

And of course, the department’s employees interact quite closely with the guardianship and trusteeship authorities. Without their participation, it is impossible to control many families who need help raising their own children.

At the same time, PDN is also used in its activities jointly with the guardianship authorities.

Reasons and reasons

Registration of minors is carried out within the strict limits of the law, which are defined by paragraph 49 of Order No. 845.

Thus, when an offense is committed at the initial stage, the child’s data is entered into a file cabinet and a registration and prevention card is created in the following cases:

use of drugs and all types of psychotropic substances without medical indications;
drinking alcoholic beverages;
committing a minor offense, which is considered within the framework of administrative proceedings;
vagrancy and begging;
committing an offense that, due to the child’s young age, is not subject to criminal punishment.

Naturally, along with registration, educational measures are applied to children - the same conversations with a psychologist, some restrictions on visiting the same cafes or other places of entertainment.

However, if these measures did not lead to the desired consequences and the child still continues to break the law (for example, wandering and committing petty thefts), the next stage is the establishment of an accounting and preventive case.

It is issued within the framework of clause 50 of Order No. 845 if the following grounds exist:

serving the sentence on parole;
exemption from criminal punishment due to amnesty or pardon;
when determining deferment of punishment;
release from criminal correctional institutions;
replacing criminal punishment with compulsory educational measures within the framework of .

It should be noted that the behavior of minors does not always lead to registration. Some of the children may commit an offense for the first time, or the severity of the offense will be light.

That is why a number of other factors are taken into account:

school performance;
personal characteristics of the child, that is, whether he is prone to illegal acts on an ongoing basis;
characteristics of the family, namely how involved parents are in raising children and whether they are prosperous from the point of view of the general opinion of the same neighbors and school.

Age

Despite the fact that each child is unique, certain criteria for mental development are still established.

Children of primary school age, as a rule, are not aware of their actions and consequences, and therefore rarely come to the attention of the juvenile affairs unit.

They are handed over to their parents or to specialized boarding schools through the guardianship authorities. However, this fact does not at all exclude the participation of PDN in the future fate of children.

So, if a 7-year-old child constantly runs away from home, engages in vagrancy and commits petty theft, he will end up in the file cabinet, especially if his parents lead an antisocial lifestyle and do not raise the child.

At the same time, the law still does not establish a lower limit for registration on preventive measures, so registration of a child is carried out only if there are compelling reasons.

But the upper limit for registration is 18 years, given that the unit was created specifically to work with children who have not reached the age of majority.

By the way, it is worth noting that according to the latest statistics, the age of juvenile offenders has decreased and reached an average of 9 years.

In this regard, the work in the PDN to prevent child crime now resembles a struggle on all fronts, starting from school and ending with educational institutions.

What is the threat?

When any offense is committed in a particular area of the city, the first action of the district police officers and detectives is to detain persons who have been noticed in similar acts or who may be prone to them.

In this case, not only citizens who have already served their sentences are interviewed, but also children who are registered.

That is, the main difficulty of staying under the radar of the police is constant questioning regarding participation in certain offenses, as well as monitoring everyday behavior.

As part of Order No. 845, PDN employees monthly visit their wards, conduct preventive conversations with them, and also check for compliance with restrictions if they are established for the child in accordance with the same standards.

Also, the school and guardianship authorities, which take an active part in the fate of problem teenagers, report quarterly on the behavior and progress of children.

Moreover, the above consequences are not particularly catastrophic if the child behaves exemplary and, upon reaching minority, is not noticed in any illegal actions.

But in the future, being registered with the PDN authorities may become a problem, especially if you are about to enter a prestigious university or law enforcement agencies.

That is, after registering, many children may forget about serving in the army under a contract as an officer or working in security companies, not to mention joining the police, the Ministry of Emergency Situations and the fire brigade.

At the same time, if you have a certificate of registration, many state universities that are associated with banking activities or tasks of a strategically important direction may close their doors.

Registration of minors in 2019

Teenagers do a lot of crazy and inexplicable things, but not all of them serve as grounds for registration. As part of Order No. 845, the same PDN employees regularly visit children's institutions and conduct educational work to prevent crime among minors, as well as take a number of other measures aimed at reducing the level of crime among teenagers.

However, if these measures do not bring the expected results, the children end up in the files of law enforcement agencies, the registration of which is carried out in the manner prescribed by law.

Authorities and supervisory authorities

Considering that children, by virtue of the law, do not have legal capacity until they reach the age of 18, their interests can only be represented by legal representatives, who are parents and guardians.

At the same time, in some families, parents deliberately shirk their responsibilities, which is why a number of official bodies that monitor difficult situations and violations of children’s rights are vested with the right to participate in the fate of the child.

The powers of supervision to respect the rights of minors, as well as to take measures to improve the psychological climate in a problem family, belong to:

guardianship and trusteeship authorities;
Juvenile Unit;
prosecutor's office;
a commission for minors, created collegiately under the local government.

Order

Registration of a problem teenager requires preliminary documentation. It is expressed not only in recording the fact of the offense committed, but also in collecting information about the child himself, his family and living conditions.

That is, registration, even if there is a basis specified in Order of the Ministry of Internal Affairs No. 845, is not carried out immediately, but only after a thorough study of the entire situation, as well as the child himself.

At the initial stage, the district police officer or the detective officer draws up a protocol, for example, for the use of alcohol or drugs or begging. Then the protocol is registered with the police and sent within 3 days for consideration by the commission on affairs with minors.

At the same time, simultaneously with the notification of the commission, a number of persons are notified about the protocol and the upcoming meeting:

parents or guardians;
child protection.

The next stage is collecting data about the child.

That is, if parents take the situation seriously and collect the same positive characteristics from neighbors and school, negative consequences may not occur.

In turn, the guardianship authority also takes certain actions before the meeting, namely: visits the family and draws up an act on the child’s living conditions and collects characteristics from the place of study and from neighbors.

If all the data is available, a commission meets at the appointed time and studies all the available data, and then makes a decision on the severity of the child’s offense, as well as educational measures, which can be expressed in refusal to register and transfer the child to the custody of parents or in registration of PDN accounting.

The commission's decision is not final and can be appealed, but only if there are compelling reasons.

If there is no reason to protest, the commission’s decision is submitted for approval to the head of the police department. He confirms the decision of the commission with his resolution, which in fact serves as the basis for issuing a registration and preventive card or a case.

By the way, along with issuing a registration card, the child is also registered with the school for the purpose of carrying out preventive education measures and monitoring the academic performance and behavior of a problem teenager.

The school itself can be the initiator of the delivery to be registered with the PDN, of course, upon provision of relevant data on the systematic violation of educational rights and violations of school discipline.

Documenting

The further procedure for registering a child is carried out directly at the juvenile affairs department.

Basis - the data obtained, which includes:

conclusion of the commission (sample attached below);
act of inspection of living conditions;
characteristics;
preventive action plan.

A decision is made to open a registration and preventive file or a card in the form approved by Order No. 845, a sample of which is also given below. Then, on a monthly basis, a PDN employee visits his ward and draws up a report, which is filed with the case or card.

At the same time, depending on the severity of the offense, the registration period may be equal to a year, after which, in the absence of violations on the part of the teenager, a submission is made with a request to remove him from the register, which actually happens after signing and appropriate checks.

Conclusion (sample):

Resolution (sample):

Deadlines

As a rule, the fact of a crime being committed is recorded immediately, and the corresponding protocol is sent to the guardianship authorities.

Then, within three days, a commission is formed, which, as a rule, already exists in the form of a permanent collegial body under the local administration. Over the next three days, materials about the child and his family are collected, and a meeting date is set.

After the commission meeting, another 10 days are given to make a decision, which in turn is sent to the head of the police department for approval.

After signing the conclusion, the child is actually already registered, although his case is being formed over the next few days, during which a decision is made and the above materials are collected.

Methods of working with a difficult child

It is believed that registration of a problem child is carried out only formally, which is not entirely true.

In fact, each child’s card is accompanied by an individual plan for working with a minor, which includes the following activities:

preventive conversations with parents and children;
attracting social educators and psychologists to conduct explanatory work among problem teenagers;
tracking school progress and attendance;
encouraging the child to participate in sections and clubs;
involvement in mass sports competitions and public duties;
systemic control over the child’s behavior and living conditions.

At the same time, these measures of influence are not always successful due to the fact that all persons surrounding the child, from parents to school teachers, must be involved in the process of correcting a teenager.

But the most important factor in future success is the child’s understanding of the appropriateness of these measures, as well as his desire to change his lifestyle.

Appeal

The registration process is carried out in a two-stage scheme, that is, first the issue is considered by the commission, and then by the PDN division.

At the same time, it is advisable to change the course of events at the first stage.

So, first you need to find out what the meaning of the offense is and whether it can somehow be turned in your favor.

Example:

During a fight, there is always an instigator and a victim. If you prove that the child was not the instigator and was simply defending himself from attacks from classmates, there is already a chance to avoid registration, especially if the parents provide a positive reference from the school and place of residence, and also confirm that the child regularly attends classes and has good academic performance.

However, if the above measures did not help and the commission’s decision on registration was nevertheless made, the next step is to file a complaint with the prosecutor’s office against the actions of the police officers who treated the situation formally, as a result of which the child was registered.

As in all cases related to appealing to official authorities, the decisive role is played not only by the words of concerned parents, but by documentary evidence, that is, the same characteristics.

How to avoid?

Of course, the best solution to the problem of registration is exemplary behavior. However, many teenagers simply cannot guarantee it.

That is why you can avoid registration only if you avoid conflict situations and unreliable friends, and also do not commit illegal acts.

If contact with these situations cannot be avoided, it is advisable to have at least good academic performance and treat others politely. They can then give a good reference, which will play a leading role and, perhaps, will save you from registration in favor of bail from parents and school.

The incredibly high level of child crime is a headache for society not only in Russia, but throughout the modern world. Children today very early become aggressive, greedy, and feel neither pity for their neighbors nor compassion. And often, when sentencing an adult criminal, the court finds out that even as a teenager he was registered with law enforcement agencies, since he was already breaking the law then.

Previously, the specialized police department working with children was called the “children's police room.” And it was she who provided preventive measures to curb the growth of child crime. How are things going with this currently? For what offenses can a minor be registered with the juvenile affairs unit (PDN)? And is it possible to appeal against the actions of the police in this direction if there are grounds to consider them erroneous or far-fetched?

Table of contents:

Which teenagers are registered in juvenile affairs?

Those who have committed an offense - administrative or criminal - are put on preventive registration in the police department for working with minors. However, due to his age, he cannot yet bear full responsibility for what he did.

However, teenagers begin to bear legal responsibility from the age of 16, and in exceptional cases - from the age of 14.

Example #1: a certain Ivanov (a minor) was drinking beer in the park with his friends on his birthday, for which he was detained by the police. Then he was brought to administrative responsibility and at the same time put on PDN registration.

Example #2: Minor Petrov (14 years old) stole a motorcycle. He was detained and tried under Article 166 of the Criminal Code of the Russian Federation (Part 1). After the verdict, he was placed on preventive registration with the PDN.

Example #3: Sokolov, who was not yet 16 years old, fraudulently took possession of the student’s phone. He was detained, but the initiation of a criminal case for fraud was refused. Due to the fact that the defendant has not reached the age at which responsibility begins under the relevant article of the Criminal Code of the Russian Federation. But Sokolov was, of course, registered with the PDN.

By the way, a special order of the Ministry of Internal Affairs provides other grounds for placing minors on preventive registration. For example:

for the use of alcohol, as well as psychotropic or narcotic substances;
as a result of criminal prosecution (if there has not yet been a trial, but a preventive measure has already been chosen);
upon release from a closed institution of the executive system;
when the court assigns educational measures to a minor;
when assigning a suspended sentence by a court verdict.

The whole family can be registered, not just the child. If parents from such a “dysfunctional cell of society” were themselves held accountable for failure to fulfill or improper performance of parental responsibilities, alcohol abuse, involvement of children in criminal activities, etc. (under Article 5.35 of the Code of Administrative Offenses of the Russian Federation).

Police officers can carry out preventive work to prevent the commission of crimes in quite prosperous families with children with positive characteristics. However, police officers have the right to fill out a PDN registration card for a minor only for compelling reasons and a commission order.

Registration procedure

Police officers can work with children who have committed illegal acts, as well as employees of the Children's Children's Affairs Committee (commission on juvenile affairs), who directly make the decision to place minors on preventive registration.

KDN is a collegial body. It includes representatives of the local administration, the police department, guardianship authorities, psychologists, school directors, as well as an assistant district prosecutor who oversees cases involving minors.

As for the procedure for registering a child as a PDN, this occurs in the following order:

If a child is detained after committing an offense, a police officer is required to draw up a report on the case, which is then submitted for consideration to the commission on juvenile affairs.
The KDN, 10 days after receiving the protocol, issues a decision (necessarily motivated) to place the minor offender on preventive registration. During the proceedings, both the child and his parents are invited to the commission. Everyone is heard.
The commission's decision is sent to the chief of the local police department, who agrees (and endorses) or disagrees with it.
After police approval, the KDN resolution goes to the PDN, and there a special registration card is filled out for the child, in which the most complete information about the family, school performance, behavior, characteristics, etc. is entered. And after that, the minor is considered to be on preventive registration in the PDN. And there some work will already be done with him.

Working with “difficult” minors

A whole range of measures are carried out with a child who is under the preventive registration of the juvenile affairs inspectorate by:

police officers;
members of the KDN;
qualified psychologists;
school teachers and social workers;
local police commissioners.

At the same time, each of the above-mentioned responsible persons maintains their own records of work with such teenagers. And the main methods of influencing “difficult” minors are traditionally:

supervision (with oral conversations and written requests wherever possible) over the child’s behavior at school, at home, in classes, etc.;
individual and joint raids on the place of residence of problem children;
conducting conversations, finding out the causes of conflicts, etc.;
inspection of living conditions and drawing up relevant reports;
identifying children's well-being in terms of life, study, and leisure;
referral to closed educational institutions for the purpose of obtaining vocational education;
taking strict measures (if nothing else helps) up to and including placing the teenager in a center for mental health treatment.

Temporary detention centers for juvenile offenders

TsVINP is the abbreviation for specially created Temporary Isolation Centers for Juvenile Offenders. These are closed institutions where, in the most extreme cases, teenagers (from the age of 14) who are completely out of control are placed.

Thus, by a court decision, a minor can be placed in the Central Medical Institution (up to 30 days inclusive) if he:

voluntarily left a closed educational institution to which he was sent by decision of the KDN;
commits actions that may harm other children;
has no relatives or permanent place of residence, is engaged in vagrancy;
violator (who has reached the age of 14), whose identity cannot be established.

Materials for the trial are prepared by PDN inspectors.

What are the risks of registering in juvenile affairs?

There is no point in giving advice to those parents who don’t care whether their child is registered with the PDN or not. But it’s worth turning to moms and dads who worry about their own children, trying to help them and protect them.

It cannot be said that for a teenager the consequences of PDN registration are too serious, but they do exist.

Let’s say that after graduating from school, yesterday’s minor, matured and wiser, wants to enter universities of the Ministry of Internal Affairs, FSB or the Prosecutor’s Office. And he is unlikely to be able to do this, because the local specialists will easily find out the applicant’s past. And they won’t like preventive recording “in the anamnesis” at all.

Former “accountants” will continue to receive increased attention from law enforcement agencies for a long time. And if something illegal happens somewhere, they will be the first to be “pulled.”

note

If a child is registered for drinking a can of beer, information about this “interesting” fact will be stored for a long time not only in the police department, but also in the local drug treatment clinic. Therefore, difficulties may arise with certificates/conclusions for rights, carrying weapons, as well as with employment.

How to avoid registering a minor

If it was not possible to avoid drawing up a report on a child who has committed an unlawful act, parents need to act in the KDN. Namely:

will appear when summoned on the day of consideration of the case (the date will be notified);
present all the positive characteristics of the teenager, as well as his certificates, gratitude, etc.;
convince the commission members that the child is good, but has stumbled, and the parents will definitely help him improve.

The decisions of the KDN are fair for the most part. Members of the commission are placed on preventive registration only after repeated and serious violations. And in the absence of adult supervision. In case of a single offense, most likely, the matter will end only with a preventive conversation with the minor and his parents.

However, there are cases when parents do not agree with the commission’s decision to register their child as a PDN. Then you need to appeal the decision of the Control Committee in court. The law allows 10 days for this.

But even if the court did not listen to the parents’ arguments and left the “registration” decision of the commission on minors’ affairs in force, after six months you can submit an application to remove the child from preventive registration. In free form, indicating the facts of the correction of the child, who no longer needs additional control from the police.

If everything really works out for the teenager, then he is removed from the register completely. By the way, the inspectors are not blind; they can notice the changes themselves, which means removing the teenager from the preventive register without a parental statement. It is enough for them to obtain the consent of the head of the police department.

The following are automatically removed from PDN registration:

persons who have reached the age of majority (in the Russian Federation this is 18 years old);
upon expiration of the suspended sentence;
when there is no longer any legal basis for such accounting.

It seems that there is nothing wrong with the fact that a child can be registered with the police, but there is little pleasure in this either. For example, today, with the onset of entrance exams to educational institutions, departments of internal affairs receive requests about minors registered. But information is sent to military commissariats by internal affairs officers on a monthly basis. What do you need to know so that an employee of the juvenile affairs unit (hereinafter referred to as PDN) does not become a frequent guest in your home?

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Why are they registered with the police?

We were all children and remember the strict aunt in uniform who came to school. Today, the same aunt or uncle comes to our children’s school.

What do you need to know so that an employee of the juvenile affairs unit (hereinafter referred to as PDN) does not become a frequent guest in your home?

The most important thing is not to forget that you are parents. And besides rights, you also have a huge responsibility for your child and you can avoid troubles with law enforcement agencies only by paying him - your child - every second of attention. In addition, you need to know why a child can be registered with the PDN and what measures can be applied to him.

In accordance with Order No. 569 of the Ministry of Internal Affairs of the Russian Federation dated May 26, 2000, juvenile affairs units of internal affairs bodies carry out individual preventive work against minors:

Those who use narcotic drugs or psychotropic substances without a doctor’s prescription or use intoxicating substances.
Those who have committed an offense resulting in the application of an administrative penalty.
Those who have committed an offense before reaching the age at which administrative responsibility begins.
Those exempted from criminal liability as a result of an amnesty act or due to a change in the situation, as well as in cases where it is recognized that the correction of a minor can be achieved through the use of compulsory educational measures.
Not subject to criminal liability due to not reaching the age at which criminal liability begins.
Not subject to criminal liability due to mental retardation not associated with a mental disorder.
Accused or suspected of committing crimes in respect of whom preventive measures have been taken that do not involve detention.
Those released on parole from serving a sentence, released from punishment as a result of an amnesty act or in connection with a pardon.
Those who received a deferment of serving a sentence or a deferment of execution of a sentence.
Those released from institutions of the penal system, who returned from special closed educational institutions, if during their stay in these institutions they committed violations of the regime, committed illegal acts and (or) after release (graduation) are in a socially dangerous situation and ( or) need social assistance and (or) rehabilitation.
Those convicted of committing a crime of minor or moderate gravity and released by the court from punishment with the use of compulsory educational measures.
Those sentenced to probation, sentenced to compulsory labor, correctional labor or other penalties not related to imprisonment.

It should be noted that the age at which a minor can be brought to criminal responsibility is determined by Article 20 of the Criminal Code of the Russian Federation. For some crimes this is 14 years.

What measures can be applied to a minor?

Of course, the main task of a traffic police inspector is crime prevention. However, there are cases when such measures are not enough and the child is sent to the Temporary Isolation Center for Juvenile Offenders (hereinafter referred to as CVIP). It must be remembered that only a court can make a decision on referral to the Center for Penitentiary Penitentiaries. And persons who have reached the age of 14 are sent there.

In what situations can a child be referred to the CVNP:

In case of malicious evasion of a minor from appearing in court or from a medical examination.
Those who voluntarily left special closed educational institutions.
Those who have committed a socially dangerous act before reaching the age at which criminal liability for this act begins, in cases where it is necessary to protect the life or health of minors or to prevent them from committing a repeated socially dangerous act, as well as in cases where their identity has not been established or they are not have a place of residence, a place of stay or do not live on the territory of the subject of the Russian Federation where they committed a socially dangerous act.
Those who have committed an offense entailing administrative liability in cases where their identity has not been established or they do not have a place of residence, place of stay or do not live on the territory of a constituent entity of the Russian Federation.

And the last thing:

The decision to register a minor with the PDN is made by the Commission on Minors Affairs (hereinafter referred to as the CDN), therefore, if you are informed that the child is being registered, prepare all possible documents (certificates, letters of gratitude, references from school, sports institutions) that can characterize your child positively.
Don't miss the day of the KDN meeting.
During the consideration of the child’s actions, try to convince those present that you will carry out the appropriate preventive work yourself and will continue to be especially attentive to what the child is doing. And don't forget to actually do it.

If, nevertheless, the child is registered with the PDN, then know that after 6 months you have every right to petition for his removal from it. Don’t forget to do this, since the PDN inspector is also required to have a plan - the number of minors registered, and sometimes the child is not deregistered only because of these numbers.

Take care of your children!

Be careful about them!

Don't leave them alone with their troubles!