The dissertation is one of the first in Ukraine comprehensive criminological research, which is specifically devoted to the study of juvenile delinquency in Germany. The paper considers the main features of this phenomenon, as well as subjected to a detailed analysis of measures to prevent this type of crime. A special place in the dissertation research is devoted to the analysis of possible ways to use the positive achievements of Germany in the field of preventing juvenile delinquency - both in legislation and in the issue of borrowing the most successful practices, which is the key to the formation of a modern model of juvenile justice in our country.
The paper thoroughly analyzes the various measures of a criminal law nature applicable to minors under the criminal law of Germany. Their comparative analysis is given with various types of punishments, educational measures, as well as other measures of a criminal law nature, which are provided for by Section XV of the General Part of the Criminal Code of Ukraine. It is emphasized that the decisive importance of educational measures in the system of other criminal law measures applicable to minors in the juvenile criminal law of Germany.
Based on the empirical data presented in the work, a quantitative and qualitative analysis of modern juvenile delinquency in the Federal Republic of Germany is carried out. The work defines the crime rate of minors, its structure, dynamics. Among the juvenile criminal offenses, the so-called “petty crime” (Bagatellkriminalität) predominates. Most of the reported offenses are committed by minors for the first time, and by their nature relate mainly to crimes of a mercenary orientation. Among crimes of a mercenary orientation, in turn, juvenile offenders commit thefts most of all. The work concluded that the crime of minor non-residents of Germany is characterized by significantly higher rates compared with the crime of residents. From this it follows that, along with a decrease in the overall level of juvenile delinquency, there is an increase in the crime of non-residents - mainly from among migrants (internally displaced persons).
It was established that the increase in behavioral deviations, including those that consist in the unlawful behavior of a minor, is due to the hypertrophic perception of individual social attitudes. These models of achieving personal social success and material well-being are implemented, in particular, in the ideas of emancipation and cause a change in the gender matrices of female behavior, resulting in an increase in aggression, the desire for dominance and pragmatism of the female part of society. Based on an in-depth analysis of various factors of the macro- and microenvironment, a scheme has been developed for the formation of delinquent behavior of minors: social values - family - risk factors - difficulties in mastering the school curriculum - frustration - school maladaptation - social exclusion - delinquent behavior.
It is concluded that the prevention of juvenile delinquency as a whole is carried out by implementing measures of a general social, special criminological and individual nature. Measures to prevent juvenile delinquency are classified by level - in primary, secondary, tertiary and areas of application - family, school, media. The subjects of application are state and local authorities, the court, the police, the general social service, the social and psychological service, the youth social protection service, non-governmental organizations, and individual citizens. By content - on social, economic, psychological, medical, pedagogical, informational. It is noted that a characteristic feature of the practice of countering juvenile delinquency in the Federal Republic of Germany is the widespread use of both federal and local restorative justice programs, and special preventive programs. Restorative justice programs include mediation and probation services. Based on the study, specific proposals are formulated aimed at improving the work of the subjects of juvenile crime prevention in Ukraine, taking into account the positive experience of Germany in this area.
