One of the most pressing and socially significant tasks facing modern society is the reduction of juvenile crime and offences, and their prevention.
Juvenile delinquency is characterised by dynamism and a high degree of latency. Individuals who embark on a path of criminal offences at an early age are difficult to correct and re-educate, and typically represent a reserve for adult criminality. Children constitute one of the least protected social groups. The area of crime prevention, in the sense of protection from it, the protection of social groups from the "criminal virus", is of paramount importance precisely in relation to minors. The absence of preventive work with a minor who has embarked on a path of unlawful behaviour leads to them committing crimes and offences in the future, as well as the subsequent impossibility of their re-education in adulthood.
Checks conducted by the prosecutor's offices and analysis of available data indicate that in the district, law enforcement agencies, in cooperation with local executive and administrative bodies, the commission for juvenile affairs, education, healthcare, and employment authorities, and other institutions and organisations, are carrying out significant work on the prevention of neglect, offences, and other anti-social actions by minors and youth, identifying and eliminating their causes and conditions, and protecting children's rights.
At the same time, statistical data for 2019 indicate the existence of problems in the sphere of prevention of offenses and crimes committed by minors.
In 2019, 4 crimes were committed by minors in the district, which is 1 crime less than in the same period of 2018. The proportion of these crimes in the overall crime structure was 1.9% compared to the regional average of 2.5%.
In the structure of juvenile delinquency, crimes of mercenary intent remain the main types of unlawful encroachments: 4 property thefts (3 thefts, 1 theft by using computer technology).
4 teenagers (2 in 2018) were involved in committing crimes. 1 minor studied at the Educational Institution "Borovskaya Secondary School", 2 teenagers at the Educational Institution "LGATK", 1 minor at the Educational Institution "Ulysskaya PTLL".
2 group crimes were committed by minors.
for 2019 (2018 – 0).
Offences committed by minors occurred within the territory of the Borovskiy Village Council, 2 offences within the territory of Lepel town, 1 offence within the territory of the Volosovichskiy Village Council.
Not all state bodies and prevention entities paid due attention to the issues of crime and offence prevention among minors, and the enforcement of legislation concerning minors.
The main types of offences committed by minors within the district’s territory remain those stipulated by Article 17.3 of the Code of the Republic of Belarus on Administrative Offences (drinking alcoholic, low-alcohol beverages or beer in a public place, or appearing in a public place in a state of intoxication) – 58 (2018 – 47), which constitutes more than half of all offences. The increase in this type of offence indicates low preventive work in this area.
Out of 58 minors who committed an administrative offence stipulated by Article 17.3 of the Code of the Republic of Belarus on Administrative Offences, 53, or 91.38%, are students of the Educational Institution "Lepel State Agrotechnical College".
Thus, the aforementioned quantitative indicators of crimes and offences committed by adolescents indicate existing shortcomings in the preventive activities of the Educational Institution "Lepel State Agrotechnical College". I believe that the activities of this educational institution should be placed under constant control, with periodic hearings of responsible officials, as well as the college management, at the meetings of the Commission for Juvenile Affairs of the Lepel District Executive Committee, and at the meetings of the District Executive Committee on the prevention of offences and crimes among minors.
It should also be noted that the majority of offences committed by minors occur between 6 PM and midnight (all offences under Article 17.3 of the Code of Administrative Offences). This situation requires close attention to the engagement of minors in the evening and their being unsupervised at night.
In the first half of 2019, the district prosecutor's office conducted 5 inspections of the enforcement of legislation on minors and youth, including 2 on the prevention of neglect and offences, and crimes among minors, 1 on the protection of the rights of children and youth, and 2 inspections on compliance with legislation on the safety of minors. Based on the results of the inspections, 5 submissions were made, 5 directives were issued, and 4 protests were filed.
15 individuals have been subjected to disciplinary action.
During the inspections, violations of legislative requirements were identified. In particular, during the supervision of the enforcement of legislation on the prevention of neglect and juvenile delinquency, the district prosecutor's office uncovered violations of legislation in the activities of the juvenile affairs inspectorate of the Lepel District Department of Internal Affairs, and the Commission for Juvenile Affairs of the Lepel District Executive Committee. Numerous legislative violations were established during the inspection.
Furthermore, the prosecutor's office of Lepel District conducted an analysis of compliance with current legislation in the district's educational institutions regarding the organisation of the educational process and the provision of additional education.
During the inspection, numerous violations were established in the organisation of additional education at the State Educational Institution "I.M. Erashov Gymnasium of Lepel" and the State Educational Institution "Lepel District Centre for Children and Youth".
For instance, during a visit on 05.03.2019 to a basketball sports club organised by the State Educational Institution "Lepel District Centre for Children and Youth" on the premises of the State Educational Institution "I.M. Erashov Gymnasium of Lepel", it was found that the classes were not actually being held. According to the documents provided by the State Educational Institution "Lepel District Centre for Children and Youth", on 01.03.2019, the additional education teacher Tkachenko S.N. submitted a resignation letter effective 06.03.2019, and a corresponding order was issued. On 05.03.2019, Tkachenko S.N. submitted a request for unpaid leave on 05.03.2019, for which a corresponding order was also issued. However, the planning and attendance log for this interest group indicated that classes were held on 05.03.2019 and 06.03.2019, and even included records of absent minors. A similar situation was discovered when inspecting the planning and attendance log for the "Football" interest group, also taught by Tkachenko S.N.
The functioning of the "Teenager" Children and Youth Sports School interest group, organised by the State Educational Institution "I.M. Erashov Gymnasium of Lepel", was also inspected.
The formal operation of the clubs was established, which does not contribute to the prevention of offences and crimes among minors. Instead, it merely allows the heads of educational institutions to report on the measures taken to organise extracurricular activities for minors.
which should contribute to the prevention of neglect and offences.
Following the results of the said inspection, a representation was made to the Head of the Education Department of the Lepel District Executive Committee.
The District Prosecutor's Office continuously monitors the implementation of the Decree of the President of the Republic of Belarus of 24.11.2006 No. 18 "On Additional Measures for State Protection of Children in Unfavourable Families" (hereinafter referred to as Decree No. 18), and inspections on this matter are carried out periodically.
An inspection of compliance with legislation on student safety was also conducted at the Educational Institution "LGATK", during which numerous fire safety violations were also identified.
To ensure the high-quality preparation of educational institutions for the academic year, by the order of the Chairman of the Lepel District Executive Committee dated 04.07.2019 No. 200r, a commission was established to accept the readiness of educational institutions. The commission includes: the Deputy Chairman of the District Executive Committee, officials of the Education Department, and an assistant hygienist doctor of the State Institution "Lepel District Centre for Hygiene and Epidemiology".
The establishment of the commission, the inspection and acceptance of the readiness of educational institutions are driven by the need to ensure a high-quality educational process in the new academic year, identify existing shortcomings, eliminate them in a timely manner, and prevent injuries.
The results of the inspection showed that the commission's primary task was to accept schools in the shortest possible time, and therefore, issues of ensuring student safety and compliance with sanitary and hygienic rules were overlooked.
Thus, according to the schedule for accepting schools, approved by the aforementioned order of the District Executive Committee, 15-60 minutes (!) were allocated for the acceptance of one educational institution, including travel time for the commission directly to the location of the educational institutions.
Adhering to this schedule, on 13.08.2019, between 09:00 and 13:00, the commission inspected 10 educational institutions, based on the results of which readiness certificates for schools for the academic year were issued.
However, the results of the supervisory measures carried out by the District Prosecutor's Office indicate numerous violations of the Fire Safety Rules, approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of 14.03.2014 No. 3 (hereinafter referred to as FSR 01-2014).
For example, during the inspection by the District Prosecutor's Office,
visits to dormitory No. 2 of the educational institution "Lepel State Agrarian-Technical College" (hereinafter referred to as EI "LSATC") on 19.09.2019 revealed the following fire safety violations.
Dormitory No. 2 is a four-story building connected to the academic building. There are two staircases (one main staircase from the main entrance, and a staircase between the dormitory and the academic building leading to an emergency exit). On each staircase, on the landing of each floor, fire cabinets are installed with primary fire extinguishing means (1 powder extinguisher and 1 fire hose).
However, it was found that on the landing of the second floor of the main staircase, there is a fire cabinet containing a fire hose and an extinguisher. Despite the fact that the extinguisher's recharge date is due in 2020, the extinguisher's gauge needle is in the red zone, indicating it cannot be used in an emergency.
Also, on the landing of the fourth floor of the emergency staircase, there is a fire cabinet containing a fire hose and an extinguisher. During the inspection, the extinguisher was empty, and the gauge needle was in the red zone. According to the markings on the extinguisher, the last service of this extinguisher was carried out in July 2011, with the next service date set for July 2016; however, there are no subsequent service records.
Furthermore, all fire hoses in this dormitory are in an inoperable condition (traces of hose rewinding are absent, they are in a compressed state, which may lead to the impossibility of water supply through these hoses). According to the explanatory inscriptions in the fire cabinets, the last rewinding dates are July 2018 or 2017. These facts contradict clause 177 of the Fire Safety Regulations 01-2014, according to which the condition of the external and internal fire water supply at the facility must be checked at least once every 6 months. Control over the condition of the external and internal fire water supply is carried out by responsible persons: for fire hydrants - by checking the completeness and external appearance (established by technical normative legal acts), water discharge (except for hydrants connected to the supply pipelines of the sprinkler fire extinguishing system); revision of shut-off valves, drying (if necessary) and rewinding of fire hoses with the compilation of an inspection report of arbitrary form.
During the examination of the available
in the educational institution "LGATK", documentation related to fire safety was reviewed, and it was established that the information posted in dormitory No. 2 regarding the person responsible for fire safety was not up-to-date.
However, in accordance with the readiness passport for the premises (dormitory No. 2) of the educational institution "LGATK" for the 2019-2020 academic year, no fire safety violations were identified, and it was stated that fire safety documentation was available.
An examination of the control and monitoring file of the inspection and prevention department of the Lepel District Department for Emergency Situations (ROChS) of the educational institution "LGATK" revealed that on 27.06.2019, the Lepel ROChS conducted a monitoring, as a result of which recommendations were made to the director of the educational institution "LGATK". According to these recommendations, the following measures were proposed for dormitory No. 2: to develop evacuation plans for people in case of fire in accordance with the Ministry of Emergency Situations decree of 20.04.2018 No. 21; to ensure that evacuation exits can be opened freely from the inside without a key.
Prior to the monitoring, the last preventive measures by the Lepel ROChS were carried out on 10.05.2018 (preventive talk).
Furthermore, it was established that in the first-aid kit located at the guard post of educational building No. 3 of the educational institution "LGATK", most of the medicines had expired ("Validol" expired in 11.2017, "Nifuroxazide" - until 05.2018). These violations could lead to harm to the health of students when providing them with first aid.
The aforementioned facts of violations of legislation on the safety of students, their rights and legitimate interests, could have led to accidents in the educational institution, and formed a negative public opinion about the level of training of educational institutions and the quality of the educational process organisation.
Prosecutor of Lepel District
Junior Justice Counsellor V.M. Zhigimont