Probation is a Chance for Minors: Why Society Should Support Child-Friendly Justice Reform. Column by Olena Kochura for Censor.NET
On 30 May, Ukrainian President Volodymyr Zelenskyi signed a Decree that changes the date of Children's Day. It will no longer be celebrated on June 1 and will instead be held on November 20, which is World Children's Day. This day is usually associated with gifts, festivities and lofty speeches about children's rights. However, this superficial ritual easily drowns out the silence around teenagers who are on the brink between childhood and the criminal world. They are not featured in photos with balloons, nor are they participating in concerts or flash mobs. It is embarrassing to mention them in official speeches. Yet, it is these children who need attention the most. And they deserve a chance, not a sentence.
This opportunity already exists — and it works. It is a probation system for minors, and it has proven its efficiency: it helps children realise their guilt, compensate for the damage they have caused and change their lives without being labelled as ‘criminals’ or isolated from society. Probation in Ukraine is not a novelty or an experiment. It is a real part of a child-friendly justice system that gives hundreds of teenagers an opportunity to choose a different life path every year. That is why it is essential to discuss its further development and broader implementation today.
Children as a Mirror of Our Reality
Society often expects teenagers to behave like adults, forgetting that their psyche is not yet fully developed and their values are still evolving. It is particularly acute now, in wartime, when childhood is becoming unstable and risks are only increasing.
We should understand that juvenile crime is not just a matter of statistics. It is a symptom reflecting deeper social problems, including broken family ties, economic hardships, psychological stress within families, insufficient quality leisure time, and not enough attention from adults. Children are a litmus test of our society. Their actions are often directly influenced by their environment. When parents are fighting on the front lines or struggling to survive, when schools cannot replace real-life communication due to anxiety and distance learning, children seek support on the streets, among their peers, on social media, and sometimes even from misguiding role models.
A recent study – ‘Criminological Characteristics of Juvenile Crimes and Prevention of Criminal Offences Committed by Minors’ – shows a noticeable increase in the number of offences in 2023. The percentage of grave crimes has increased. New offences have emerged, ranging from arson to violence and wartime collaboration. Children act impulsively, often unaware of the consequences. However, this does not mean that society should only punish them. On the contrary, it should listen, understand and support them.
The European Choice is Justice with a Human Face
The European Union has long recognised that the punitive system does not work for children. Many EU countries have introduced child-friendly justice principles, focusing on rehabilitation and resocialisation, with no stigmatisation or isolation. This is already working in France, the Netherlands and Sweden, where children are not locked up in prison but are given a chance to get their lives back on track.
This approach is not about permissiveness or leniency – it is about effectiveness, humanity and prevention. For its part, Ukraine, which is striving towards European integration, has committed itself to implementing child-friendly approaches to justice. Today, teenagers who have committed minor criminal offences can be referred to restorative justice programmes at the pre-trial investigation stage. The primary objective of this approach is not to punish them, but to make them acknowledge their guilt, compensate for the damage caused and tackle the root causes of their offences.
Probation is one of the elements of child-friendly justice. It is an alternative to traditional criminal prosecution. It is a chance for rehabilitation without being labelled a ‘criminal’.
Probation is not a ‘free pass’; it is an effective tool for change. A pre-trial report is drawn up in each case, providing the court with a comprehensive background of the child, including a summary of their life history, the circumstances that led to the offence, and what prompted them to commit the wrongdoing. It gives the child a voice in court. It is an opportunity for them to explain what happened and why.
Helping Does not Mean Acquitting
Before the probation reform, all it came down to formal records: ‘the child is studying’ or ‘the child is not studying,’ ‘the child displays positive behaviour’ or ‘the child displays negative behaviour.’ Children who slipped up were often driven out of the educational environment, depriving them of their last chance for change.
Today, probation works closely with families, schools and non-governmental organisations. An individual work plan is developed for each child. It is not just about control, but about influencing the child's values, thinking and social environment.
A real-life example: a teenager stole scrap metal from his neighbours. At first glance, this appears to be a criminal offence. However, when experts looked into the case, it was revealed that he had intended to sell the scrap metal to purchase firewood for heating his home. His family was struggling: his parents were sick, they were unemployed, and they had no heating. Thanks to probation, however, the boy did not end up behind bars. He received help and was able to enrol in a vocational school, he got a place to live, and he got support in finding a job. Now, he is on a different path. These are the advantages of a system that sees not only guilt, but also the reasons behind it.
Responsibility is a Path to Change
Indeed, children must be held accountable for their actions. However, they need to learn from their mistakes so that they do not make similar mistakes in the future. It is noteworthy that in 2023, over 98% of juveniles on probation did not reoffend. It is not just a figure; it represents real lives.
Involving parents or guardians is also incredibly important. If the family refuses to engage in dialogue with probation services while the pre-trial report is being drawn up, the child loses their chance. The court cannot see the whole picture without the family. Therefore, parents should be active – they should not be afraid to talk, explain and cooperate. While the child is on probation, parental involvement and support are just as important. Parents need to understand that probation is their partner, not their watchdog.
Furthermore, society must acknowledge that children who have made mistakes do not disappear after being sentenced. They live among us. If we do not offer a helping hand to them today, they may become a threat tomorrow. A society that punishes adolescents without offering opportunities breeds the embittered, not the broken.
Ukraine must consistently pursue child-friendly justice reform. In the coming years, it should scale up the use of probation and build trust in this humane and effective model. This trust must be strengthened through ongoing dialogue with judges, defence lawyers, communities and every decision-maker who influences children’s lives.
Investment in probation and the development of child-friendly justice is an investment in a safe and humane future. A truly European state does not throw children into prison, but offers them a helping hand. A truly European state is one where judges do not seek revenge, but rather create opportunities for change.
Olena Kochura, Key Expert on Reforming the Penitentiary System and Probation at EU Project Pravo-Justice
The text was first published in Censor.NET.