Address of the Holy Synod of the UOC

Address of the Holy Synod of the UOC
on possibility of introduction of the system of juvenile justice in Ukraine

For several years on end there has been a dispute in our society regarding the possible introduction in Ukraine of the system of juvenile justice, i.e. a separate system of legal proceedings for the juvenile. This idea provokes negative reaction on the part of many orthodox faithful and political leaders. Thus, in March 2009 similar draft law was declined by the Supreme Council (Verkhovna Rada) of Ukraine. Then the people’s deputies, worried by possible negative consequences of the draft law “On the nation-wide program “National plan for realization of the UN Convention on the Rights of the Child” for the period till 2016», developed in order to implement the Decree of the President of Ukraine Victor Yushchenko of 11.07.2005 № 1086 “On the priority measures for protection of the children’s rights” (registration number 2570)”, removed from it paragraph 4.9, in which the draft of introduction of the system of juvenile justice in Ukraine was outlined.

On March 16, 2010, in accordance with the Order of the Minister of Justice of Ukraine a working group for introduction of the system of juvenile justice in Ukraine was set up (Order № 198/7). As it was mentioned in the given order, this group was set up for the purpose of elaboration of the modern system of juvenile justice for decrease of the crime rate amidst the young people and improvement of protection of their rights and interests”.

Indeed, lately we have observed significant growth of the number of crimes among the children and teenagers in Ukraine. It requires not only the effective measures for opposing this regrettable phenomenon on the part of the state authorities, but prevention of children and juvenile crime. However, judging by experience of the countries trying to oppose criminality among youth, functioning of the structures of juvenile justices can not just fail to improve, but even can make the situation worse. Thus, in France, which was the first in the world to introduce such system, there were the most large-scale youth disorders in the countries of the European Union, since due to the juvenile justice the underage criminals were left practically unpunished.

Besides, the experience of the Western countries, where the juvenile justice have functioned for many years testifies that it leads to significant increase of empowerment of courts and social services that actually get sanction to interfere into family matters and gain control over parents. At that, such interference may be executed also on the grounds of judicial recourse by children themselves. Opposing the rights and interests of a child to those of parents and the family on the whole brings about danger of ruining the traditional notion of family. This is the aspect of juvenile justice that excites sharp controversy in the Ukrainian society.

In view of notable sharpening of the discussions regarding juvenile justice after signing of the mentioned decree by the Minister of Justice, the Ukrainian Orthodox Church considers her duty to state the following:

Christianity teaches that family is a God-commanded social institute. Child birth and upbringing is an unalienable part of the family life. Moreover, in accordance with the Holy Scripture it is in the family that bringing up of children is to take place. Parents are responsible to God for bringing up their children. “And, ye fathers, provoke not your children to wrath: but bring them up in the nurture and admonition of the Lord”, the Holy Apostle Paul calls the parents (Ephesians 6,4). Though, the children as well bear responsibility for the well-being of their family: Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee (Exodus 20, 12). The Old Testament always considered disregard of parents to be a major crime (Exodus 21, 15-17; Proverbs 20, 20; 30, 17). The New Testament also teaches children to obey their parents with love: Children, obey your parents in all things: for this is well pleasing unto the Lord. (Colossians 3,20).

In its official documents the Ukrainian Orthodox Church has repeatedly emphasized the exclusive role of the family in upbringing of children. In particular, in Chapter X of the Basis of Social Concept of the Ukrainian Orthodox Church it is stated that “family is a unified organism, whose members live and build their relations grounding on the law of love. Experience of family communication teaches man to overcome sinful egoism and lays foundations of healthy civic consciousness. It is in the family, as a school of piety, the right attitude to neighbors, and so much to the nation and society on the whole is being formed and edified. Live succession of generations, beginning in the family, finds its continuation in love of ancestors and Motherland, in the feeling of involvement into history. Therefore breaking traditional bonds between children and parents is so dangerous. The role of family in personal formation is exclusive; it cannot be substituted by other social institutes. Breaking the family bonds inevitably brings about further breach of normal development of children and has an impact on their further life.”

The Ukrainian Orthodox Church recognizes necessity of children protection from possible violence, on the part of parents as well. At the same time we found quite reasoned the anxiety of common believers and the Supreme Council of Ukraine that introduction of the system of juvenile justice may incur danger to the institute of family. Active interference into family relations on the part of judicial bodies, public and social organizations may have negative consequences, to which testifies experience of functioning of the system of juvenile in other states.

It is important to keep in mind that today there is no common system of juvenile justice in the world. In every country the system of legal proceedings regarding minors and the system of child protection have their own peculiarities, conditioned by historical and cultural traditions of different countries. Therefore, in the process of reforms in the field of justice the native experience should be taken into account first of all in Ukraine. Now in our legislation there are enough norms to punish parents-offenders and juvenile criminals.

In view of the above-mentioned, the Ukrainian Orthodox Church considers introduction of the system of juvenile justice in Ukraine to be unadvisable.

May “Pure religion and undefiled before God” (James 1, 27) become warrant of worthy upbringing of the younger generation and the peaceful life4 in our country.

May 28, 2010

† Volodymyr,
Metropolitan of Kyiv and All Ukraine,
Primate of the Ukrainian Orthodox Church

† Nicodemus, metropolitan of Kharkiv and Bohodukhiv
† Agathangel, metropolitan of Odesa and Izmayil
† Ioannikiy, metropolitan of Luhansk and Alchevsk
† Onufriy, metropolitan of Chernivtsi and Bukovyna
† Mark, archbishop of Khust and Vynohradiv
† Ioann, archbishop of Kherson and Tavriya
† Theodore, archbishop of Mukacheve and Uzhgorod
† Агапіт, bishop of Severodonetsk and Starobelsk
† Metrophanes, archbishop of Bila Tserkva and Bohuslav