PROCEDURAL STATUS AND FUNCTIONS OF A PEDAGOGUE AND A PSYCHOLOGIST IN CRIMINAL PROCEEDINGS INVOLVING MINORS

Abstract

The article analyzes theoretical and practical problems regarding the participation of educators and psychologists in criminal proceedings involving minors. Due to the fact that the procedural status, powers and functions of these subjects are not clearly defined in the current legislation, it is justified that their participation is often formal. The relevance of the study is linked to one of the negative consequences of minors’ participation in criminal proceedings—the risk of psychological trauma. The article provides a comparative analysis of scientific views regarding the interpretation of the status of a teacher and psychologist as specialists or independent procedural participants. Taking into account the psychological vulnerability of minor suspects, defendants, victims, and witnesses, the need to expand the participation of a teacher or psychologist is scientifically substantiated. The study utilizes legislative norms and the scientific-theoretical views of legal scholars on the issue of ensuring the rights of minors in criminal proceedings, as well as the comparative-legal method, methods of analysis, synthesis, observation, generalization, induction, and deduction. In the conclusion, the author proposes defining the psychologist as a “subject of a special procedural guarantee ensuring the psychological safety of the child” and introducing a mechanism for pre-investigation psychological preparation.