Overview of measures applied to children in conflict with law in post-Soviet countries: non-custodial measures and diversion programmes

Abstract

This article seeks to identify where non-custodial measures are applied in the post-Soviet space and where, in particular, diversion is used as a non-custodial measure in child justice systems. To this end, the article reviews the legal contexts and practices of 12 post-Soviet countries based on existing theoretical frameworks. As such, the article first defines the goals and needs of applying non-custodial measures to children in conflict with the law. Second, it addresses definitions, principles and the types of diversion directing children away from criminal justice proceedings. An analysis of the best practices in the region revealed that only two of the countries reviewed (Georgia and Kyrgyzstan) apply diversion programmes. Consequently, the article specifically considers these diversion programmes according to their general principles, criteria and the type of diversion applied. Given the fact that children in the regions are often detained in various types of facilities, mostly for rehabilitation purposes, the article highlights the serious need for post-Soviet states to urgently develop non-custodial measures in order to divert children away from the criminal justice system. Key words: children; non-custodial; diversion; deprivation; justice