The need for regulation of the exercise of the right of minors in institutions of prevention of child neglect and juvenile delinquency to receive free legal aid

The author analyzes the provisions of the Federal laws of June 24, 1999 N 120-FZ "About bases of system of prevention of neglect and offences of minors" and of November 21, 2011 N 324-FZ "On free legal aid in the Russian Federation". Minors in the institutions of prevention of child neglect and juvenile delinquency shall exercise all constitutional rights of citizens. Such minors must be provided with free legal aid with the participation of lawyers or other persons entitled to legal aid under Part 1 of Article 2 of the Federal law of May 31, 2002 N 63-FZ "About lawyer activity and legal profession in the Russian Federation". The Ministry of Justice of the Russian Federation has records of individuals eligible to receive free legal aid in the Russian Federation. According to Article 7 of the Federal law of November, 21, 2011 N 324-FZ "On free legal aid in the Russian Federation", free legal aid is carried out by individuals and legal entities that are members of state and non-state systems of free legal aid. Free legal assistance is provided in the form of a legal consultation in oral and written forms, drafting applications, complaints, petitions and other legal documents, representation of interests of citizens in courts, state and municipal agencies, organizations and others allowed by the legislation of the Russian Federation. According to Article 60 of the Constitution of the Russian Federation a citizen can exercise their rights and responsibilities in full only in 18; yet the exercise of the right of minors to free legal aid is not detailed in the federal regulations. Therefore, the exercise should be clearly defined at least in the internal regulations of specialized institutions for minors. Indeed, Article 20 of the Federal law of November 21, 2011 N 324-FZ "On free legal aid in the Russian Federation" guarantees the right of minors in institutions of prevention of child neglect and juvenile delinquency and minors serving sentences in places of deprivation of liberty, as well as their legal and other representatives, if they apply for legal aid on issues related to the provision and protection of rights and legitimate interests of minors (with the exception of issues related to legal aid in criminal proceedings).

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