Abstract
The relevance of the present study lies in the importance of observing human rights in all spheres, and especially in the field of criminal proceedings, taking into account its specifics and possible consequences for the persons involved. This is especially true for persons who, due to their cognitive capabilities, cannot always fully exercise their rights, and therefore cannot be full participants in criminal proceedings. Worldwide, the number of older persons is increasing, as does the likelihood of their involvement in criminal proceedings. At the international and national levels, the peculiarities of the legal status of minors are reflected in the legislation, yet no such rules of a compensatory nature exist for persons of old age. The current situation leads to the violation of their rights and necessitates the improvement of criminal policy both at the national and international levels, as well as the need for relevant scientific research. In this regard, the present research aims to identify or disclose the age characteristics of older persons in the context of the influence on the ability of these subjects to be full-fledged participants in criminal proceedings; to raise the issue of the need to reflect (in the content of criminal policy) the importance of legislative consolidation of the special legal status of these participants both at the national and international levels, including providing them with additional procedural guarantees (by analogy with the peculiarities of the participation of minors in criminal proceedings). Working on the issue, a cognitive approach was used, as well as general scientific and special, theoretical and empirical methods, which allowed comprehensively considering a number of aspects related to the research topic. The study presents the analysis of scientific literature and empirical research on the topic; a number of problems of national and international importance are identified concerning the legal situation (in the criminal process) of older persons; a number of proposals for improving the directions of the criminal policy of individual states and of the international community as a whole regarding the legislative consolidation of the peculiarities of the legal status of older participants is substantiated. The materials of the present research are of practical value for law enforcement agencies, for legislative, executive and judicial authorities, human rights organizations, and educational institutions
References
Aguzumtsyan, R.V., Muradyan, E.B., 2008. Psychological safety of the individual in the periods of late adulthood and old age. Psychological Journal 29 (3), 22-29.
Artinopoulou, V., 2013. Restorative justice in criminal matters: towards a new European Perspective. Athens-Thessaloniki: Sakkoulas Publications.
Bertovskiy, L.V., 2019. On obtaining verbal information from persons with cognitive disabilities. Modern youth and the challenges of extremism and terrorism in Russia and abroad. Collection of materials of the All-Russian (with international participation) scientific-practical conference. Gorno-Altaysk: Gorno-Altai State University.
Blekharskaya, E.V., 2017. Elderly age as a transitional stage in a person's life path. Pedagogical Education in Russia 12, 36-43.
Cavallini, E., Lecce, S., 2013. Beyond false belief: theory of mind in young, young-old, and old-old adults. Int J Ageing Hum Dev 76 (3),181-198.
Choong, C., Doody, G., 2013. Can theory of mind deficits be measured reliably in people with mild and moderate Alzheimer's dementia? BMC Psychology 28 (1), 1-9.
Credit Suisse, Russian. URL: https://www.credit-suisse.com/ru/ru.html
Credit Suisse, English. URL: https://www.credit-suisse.com/ch/en.html
Federal State Statistics Service. URL: https://rosstat.gov.ru/
Galperin, I.M., Kurlyandsky, V.I., 1975. The subject of criminal policy and the main directions of its study. The main directions of the fight against crime. Moscow: Yurist.
Gombots, R., Pelikan, C., 2015. Restorative justice and mediation in penal matters – a stocktaking of legal issues, implementation strategies and outcomes in 36 European countries. Mönchengladbach: Verlag Godesberg.
Goryunova, N.B., Voronin, A.N., 2016. Cognitive resource. Structure, dynamics, development. Moscow: Institute of Psychology of RAS.
Grinenko, A.V., Gudzhabidze, G.A., Potapov, V.D., Zheleznyak, N.S., 2020. Categories of rights and legitimate interests of the individual and their use in the criminal sphere. All-Russian criminological journal 14 (1), 139-147.
Kesaeva, M.S., 2017. Problems of harmonizing criminal procedural guarantees of individual rights and differentiating between forms of pre-trial proceedings in criminal cases. PhD thesis. N. Novgorod: NSU.
Kurbatova, S.M., 2015. International legal regulation as a guarantee of the implementation of the legal status of underage suspects accused in criminal proceedings. Kazan Science 5, 125-127.
Kurbatova, S.M., 2019a. Formation of a cognitive approach to understanding a person with disabilities at the international legal level and its impact on national law (on the example of Russian criminal procedure legislation). Questions of Russian and International Law 9 (8-1), 134-143.
Kurbatova, S.M., 2019b. On understanding the social state as a means of ensuring the implementation of the legal status of persons with limited cognitive abilities (on the example of criminal procedural law). Law and Politics 8, 119-129.
Morris, R. G. et al., 2012. Does prison strain lead to prison misbehavior? An application of general strain theory to inmate misconduct. Journal of Criminal Justice 40 (3), 194-201.
Malysheva, O.A., 2005. Criminal procedure policy as an element of unified criminal policy. Russian Investigator 8, 19-21.
Melekhin, A.I., Sergienko, E.A., 2015. Specificity of social cognition in the old and senile age. Social Psychology and Society 6 (4), 60-77.
Musiychuk, M.V., Shuleva, E.I., 2018. Dynamics of mental states of persons under investigation. All-Russian Criminological Journal 12 (6), 874-884.
Raz, N., 2000. Ageing of the brain and its impact on cognitive performance: integration of structural and functional findings. In: Craik, F.I.M. and Salthouse, T.A., eds. The handbook of ageing and cognition. Mahwah: Lawrence Erlbaum Associates Publishers.
Rwei-Ling, Y, Ruey-Meei, W., 2013. Social brain dysfunctions in patients with Parkinson's disease: a review of theory of mind studies. Translational Neurodegeneration 7, 1-6.
Shilovskaya, A.L., Sitdikova, L.B., 2018. The use of restorative justice for minors in Europe. All-Russian Criminological Journal 12 (1), 141-151.
Sorokina, E.M., 2016. Harmonization of criminal procedure law in the European Union. PhD thesis. Мoscow: MSJA.
United Nations. URL: https://www.un.org/
Wang, Z., Su, Y., 2013. Age-related differences in the performance of theory of mind in older adults: a dissociation of cognitive and affective components. Psychological Ageing 1, 284-291.
Yakimovich, N.V. Brain nutrition and age-related decline in intelligence. URL: http://www.ortho.ru/5_Guest/mozg2_0.htm
Larry, R., 1987. Squire memory and brain. Oxford: OUP.
Zehr, H., 1990. Changing lenses. a new focus for crime and justice. NY: Herald Press.
Zerbi, Valerio, Floriou-Servou, Amalia, Markicevic, Marija,..., De Deyn, Peter Paul, Wenderoth, Nicole, Bohacek, Johannes. Rapid Reconfiguration of the Functional Connectome after Chemogenetic Locus Coeruleus Activation