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LEGAL SCIENCES
CIVIL LAW; THE ENTERPRISE RIGHT; A FAMILY LAW; THE INTERNATIONAL
PRIVATE LAW
DOI: 10.32743/UniLaw.2025.125.3.19444
THE ROLE OF LAW ENFORCEMENT AGENCIES AND SOCIAL SERVICES IN PROTECTING MINORS FROM CRIMINAL OFFENSES
Ulan Oboskanov
PhD student, ESPC "International University of Kyrgyzstan", Кыргызстан, г. Бишкек E-mail: [email protected]
РОЛЬ ПРАВООХРАНИТЕЛЬНЫХ ОРГАНОВ И СОЦИАЛЬНЫХ СЛУЖБ В ЗАЩИТЕ НЕСОВЕРШЕННОЛЕТНИХ ОТ УГОЛОВНЫХ ПРАВОНАРУШЕНИЙ
Обосканов Улан Ашымбекович
докторант PhD,
УНПК "Международныйуниверситет Кыргызстана",
Kyrgyzstan, Bishkek
ABSTRACT
This article examines the role of law enforcement agencies and social services in protecting minors from criminal offenses. The author analyzes the legal framework governing the activities of these institutions, highlighting their responsibilities, cooperation mechanisms, and challenges in practice. Special attention is paid to the prevention of crimes against minors, timely response to threats, and the provision of support and rehabilitation for victims. The article also discusses the importance of interagency collaboration and offers recommendations for improving the effectiveness of measures aimed at ensuring the safety and rights of minors.
АННОТАЦИЯ
В данной статье рассматривается роль правоохранительных органов и социальных служб в защите несовершеннолетних от уголовных правонарушений. Автор анализирует правовую базу, регулирующую деятельность этих учреждений, выделяя их обязанности, механизмы сотрудничества и проблемы на практике. Особое внимание уделяется профилактике преступлений против несовершеннолетних, своевременному реагированию на угрозы, оказанию поддержки и реабилитации пострадавшим. В статье также обсуждается важность межведомственного взаимодействия и предлагаются рекомендации по повышению эффективности мер, направленных на обеспечение безопасности и прав несовершеннолетних.
Keywords: law enforcement agencies, social services, minors, crime prevention, child protection, interagency cooperation, victim support, criminal offenses against children.
Ключевые слова: правоохранительные органы, социальные службы, несовершеннолетние, профилактика преступности, защита детей, межведомственное сотрудничество, поддержка жертв, уголовные преступления против детей.
1. Introduction
The protection of minors from criminal offenses is a priority task for law enforcement agencies and social services in the Kyrgyz Republic (Kyrgyz Code on Children, 2021). The state is obliged to ensure the protection of children's rights and interests, creating conditions for
their safe development (UNICEF, 2022). Despite the existing legal framework, challenges in practical implementation remain significant. Studies highlight issues such as insufficient interagency cooperation, lack of resources, and delayed responses to threats against minors (OECD, 2020).
Библиографическое описание: Oboskanov U. THE ROLE OF LAW ENFORCEMENT AGENCIES AND SOCIAL SERVICES IN PROTECTING MINORS FROM CRIMINAL OFFENSES // Universum: экономика и юриспруденция : электрон. научн. журн. 2025. 3(125). URL: https://7universum.com/ru/economy/archive/item/19444
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Law enforcement agencies play a key role in investigating crimes, ensuring justice, and holding offenders accountable (UNODC, 2021). However, their effectiveness largely depends on cooperation with social services, which provide preventive measures, victim support, and rehabilitation programs (Save the Children, 2021). Research emphasizes that successful child protection requires a multidisciplinary approach and integrated policies (WorldBank, 2022).
Moreover, international standards, such as the United Nations Convention on the Rights of the Child (UNCRC), emphasize the importance of child-centered approaches in law enforcement and social services (UNCRC, 1989). Implementing these standards into national practices remains a key challenge for the Kyrgyz Republic (UNICEF, 2022).
This article aims to analyze the roles of law enforcement agencies and social services in protecting minors from criminal offenses, highlight existing challenges, and propose recommendations for improving inter-agency cooperation and preventive measures.
2. Methodology
This research employs a comprehensive approach combining qualitative and quantitative methods to analyze the role of law enforcement agencies and social services in protecting minors from criminal offenses. The study is based on a review of legislative frameworks, case studies, and statistical data from official reports and international organizations (UNICEF, 2022; OECD, 2021).
The legal analysis method is used to examine national laws, including the Code on Children of the Kyr-gyz Republic and international conventions such as the UN Convention on the Rights of the Child (UNCRC, 1989). This method helps identify gaps in legislation and areas for improvement (World Bank, 2022).
A case study approach is applied to analyze real examples of law enforcement practices and interagency collaboration from reports by organizations such as Save the Children and UNODC (Save the Children, 2021; UNODC, 2021).
Quantitative analysis is conducted using statistical data from the National Statistical Committee of the Kyrgyz Republic and international sources, providing insights into trends and patterns of crimes against minors (National Statistical Committee, 2022).
A comparative method is used to benchmark the practices of the Kyrgyz Republic against international standards and experiences from other countries (OECD, 2020).
Expert interviews with law enforcement officers, social workers, and child protection specialists are conducted to gather professional insights and identify challenges in interagency cooperation (UNICEF, 2022).
Content analysis of reports, legislative documents, and policy papers from international organizations is performed to understand current approaches and proposed reforms (WorldBank, 2022).
This combination of methods ensures a comprehensive understanding of the problem, highlighting both theoretical and practical aspects, and forming a solid basis for recommendations to improve child protection measures in the Kyrgyz Republic.
3. Results
The study reveals significant challenges in protecting minors from criminal offenses in the Kyrgyz Republic, despite existing legal frameworks. Key findings include high prevalence rates of violent discipline, child marriage, and child labor, as well as issues in law enforcement and social service interventions.
Prevalence of Violent Discipline
Recent data from the 2023 Multiple Indicator Cluster Survey (MICS) in Kyrgyzstan reveal that 64.9% of children aged 1 to 14 years have experienced some form of violent discipline at home within the past month. Psychological aggression is the most prevalent, affecting 60% of children, while 37% have been subjected to physical punishment. Severe physical punishment, such as hitting or slapping a child on the face, head, or ears, was reported for 2% of children. These statistics underscore the pressing need for effective preventive measures and public awareness campaigns to promote non-violent disciplinary practices.
The survey also indicates a positive trend in the decline of violent disciplining methods over recent years. However, the overall numbers remain concerning, highlighting the necessity for continued efforts to educate caregivers about the adverse effects of violent discipline on children's development. Implementing and enforcing legislation that prohibits corporal punishment across all settings is an important step toward keeping children safe.
UNICEF commends the Government of Kyrgyzstan for its commitment to eliminating all forms of corporal punishment against children in all settings, as announced at the Global Ministerial Conference in November 2024. This commitment aligns with the Convention on the Rights of the Child, emphasizing the state's obligation to protect children from all forms of violence.
Addressing the high prevalence of violent discipline requires a multifaceted approach, including legislative reforms, public awareness campaigns, and the promotion of positive parenting practices. Collaborative efforts between government agencies, non-governmental organizations, and communities are essential to create a safe and nurturing environment for all children in Kyrgyzstan.
Incidence of Child Marriage
Child marriage remains a significant concern in Kyrgyzstan, with approximately 12.9% of women aged 20 to 24 reporting they were married before the age of 18. The prevalence is notably higher in rural areas, where 15.7% of young women were married before 18, compared to 8.4% in urban regions. This disparity highlights the influence of traditional customs and limited access to education in rural communities. For instance, among women with no schooling or only primary education, 12.9% were married before 18, whereas this figure is significantly lower among those with secondary or higher education. Addressing child marriage necessitates comprehensive strategies focusing on education, economic empowerment, and the enforcement of legal frameworks to protect the rights of girls.
Ethnicity also plays a role in the prevalence of child marriage. The practice is reportedly widespread among Uzbeks, Dungans, Turks, Tajiks, and the Central Asian
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Lyuli people, primarily driven by traditional customs and attitudes. Among the Uzbek community, 16% of women aged 20 to 24 were married before 18, compared to 10% among Russians, 13% among Kyrgyz, and 21% among other ethnicities.
Factors contributing to child marriage in Kyrgyzstan include family honor, where families marry off their daughters to shield them from pre-marital sex and "set them up for life," as well as economic hardships and limited access to education. The practice of bride kidnapping, although illegal, continues in some communities, further perpetuating early marriages.
To combat child marriage, it is essential to implement comprehensive strategies that address the root causes. These include enhancing access to quality education for girls, promoting economic opportunities for families, enforcing existing laws prohibiting child marriage and bride kidnapping, and conducting public awareness campaigns to change societal attitudes toward early marriage. Collaborative efforts between government agencies, non-governmental organizations, and local communities are crucial to effectively reduce the incidence of child marriage in Kyrgyzstan.
Child Labor Statistics
The 2014 National Child Labor Survey (NCLS), conducted by the National Statistical Committee of the Kyrgyz Republic with support from the International Labour Organization (ILO), provides a comprehensive analysis of child labor in the country. The survey revealed that approximately 38.9% of children aged 5 to 17 were engaged in some form of work, with a significant portion involved in activities classified as child labor. The agricultural sector, particularly in cotton and tobacco cultivation, accounted for the majority of child labor cases. Economic hardships, especially in rural areas, compel families to involve their children in labor to supplement household income. Despite legislative measures, enforcement remains inconsistent, and many
children continue to work under hazardous conditions, jeopardizing their health and educational opportunities. The persistence of child labor underscores the need for targeted interventions, including poverty alleviation programs, educational support, and stringent enforcement of labor laws to protect vulnerable children.
In 2020, the Kyrgyz Republic ratified the ILO's Protocol of 2014 to the Forced Labor Convention and drafted a National Action Plan to Combat Trafficking in Persons for 2021-2024. However, challenges persist due to a moratorium on labor inspections, limiting the government's ability to monitor and address child labor violations effectively. The extension of this moratorium until 2022, with inspections only permissible based on formal complaints, has hindered unannounced inspections, allowing child labor practices to continue unchecked. To combat child labor effectively, it is imperative to lift restrictive policies on labor inspections, enhance interagency coordination, and implement comprehensive social programs addressing the root causes of child labor.
The prevalence of child labor in Kyrgyzstan remains a pressing concern, necessitating a multifaceted approach that combines legislative reforms, robust enforcement mechanisms, and socio-economic initiatives aimed at alleviating poverty and ensuring access to quality education for all children.
Law Enforcement and Social Services Challenges
Reports indicate that law enforcement agencies and social services face significant obstacles, including inadequate interagency coordination, limited resources, and delayed responses to threats against minors. These challenges hinder the effective protection of children and the prosecution of offenders. For instance, the 2023 Human Rights Report highlights credible reports of torture by law enforcement and security services, as well as harsh and life-threatening prison conditions.
Table 1.
Key Statistics on Child Protection in the Kyrgyz Republic
Indicator Percentage/Number Source
Childrenexperiencingviolentdiscipline 65% UNICEF Kyrgyzstan
Children subjected to physical punishment 37% UNICEF Kyrgyzstan
Womenaged 20-24 marriedbefore 18 ~10% UNICEF Kyrgyzstan
Girlsaged 15-19 currentlymarried 7% UNICEF Kyrgyzstan
Children aged 5-14 engaged in child labor 4.5% (48,305) Department ofJustice
Reports of torture by law enforcement Notquantified U.S. Department of State
These findings underscore the necessity for comprehensive reforms in both legal frameworks and the operational capacities of institutions responsible for child protection in the Kyrgyz Republic.
4. Discussion
The protection of minors from criminal offenses in the Kyrgyz Republic is a multifaceted issue requiring coordinated efforts from law enforcement agencies and social services. Despite the existing legislative measures, such as the Law of the Kyrgyz Republic "On
the Protection and Safeguarding of Children's Rights" (hrlibrary.umn.edu), significant challenges remain in effectively protecting children in practice.
Role of Law Enforcement Agencies
Law enforcement agencies are primarily responsible for investigating crimes against minors and prosecuting offenders. However, according to the 2023 Human Rights Report on the Kyrgyz Republic, there are credible reports of torture and mistreatment by law enforcement officers (kg.usembassy.gov). Such violations undermine public trust in the justice system and may
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hinder effective child protection. The lack of specialized training for officers in handling cases involving minors further exacerbates the problem.
Role of Social Services
Social services play a crucial role in preventing crimes against children, supporting victims, and facilitating their rehabilitation. However, underfunding, a shortage of qualified personnel, and weak interagency coordination limit their effectiveness. Additionally, rural areas often face significant barriers to accessing social services, further worsening the situation for vulnerable children (UNICEF Kyrgyzstan).
Challenges in Interagency Cooperation
Effective child protection requires close collaboration between law enforcement and social services. However, practical issues such as poor coordination, a lack of information sharing, and inconsistent response protocols create delays in providing assistance and may lead to the revictimization of children (Save the Children, 2022). The absence of clear procedures for joint action contributes to systemic inefficiencies.
Issues of Violent Discipline and Child Marriage
According to the National Statistical Committee of the Kyrgyz Republic, there was a slight decline in the number of child marriages in 2019 (stat.gov.kg). However, violent discipline remains a prevalent issue. The high societal tolerance for physical punishment underscores the need for public awareness campaigns and the promotion of positive parenting programs.
Recommendations for Improvement
1. Capacity Building for Professionals:
Regular training programs for law enforcement officers and social workers on children's rights, trauma-informed approaches, and ethical treatment of minors.
2. Development of Clear Protocols for Cooperation:
Establishment and implementation of standardized procedures for interagency collaboration when handling cases of violence against children.
3. Increased Funding for Social Services:
Allocating sufficient resources to social services,
particularly in rural areas, to ensure timely and effective support for victims.
4. Public Awareness Campaigns:
Educating the public on the harmful effects of violent discipline and child marriage, while promoting alternative, non-violent parenting methods.
Implementing these measures will require political commitment, cross-sector collaboration, and active participation from civil society to create a safe environment
that promotes the well-being and protection of every child in the Kyrgyz Republic.
Conclusion
The protection of minors from criminal offenses requires a comprehensive and coordinated approach from law enforcement agencies, social services, and the community. Despite existing legislative frameworks and international commitments, significant challenges remain in addressing issues such as violent discipline, child labor, and early marriage. The findings highlight the urgent need for legislative reforms, increased interagency cooperation, and targeted preventive measures to safeguard children's rights and well-being.
Addressing violent discipline requires public awareness campaigns promoting non-violent parenting and stricter enforcement of laws prohibiting corporal punishment. Efforts to reduce child labor should focus on improving access to education, supporting vulnerable families, and lifting barriers to labor inspections. Similarly, combating child marriage demands educational empowerment for girls, economic support for families, and consistent enforcement of laws against early and forced marriages.
Effective child protection depends on collaboration between law enforcement and social services. Standardized protocols for information sharing, joint training programs, and the creation of specialized child protection units can significantly improve responses to crimes against minors.
Furthermore, addressing the root causes of child exploitation, such as poverty and limited educational opportunities, is crucial for sustainable progress. Implementing community-based programs, improving access to social services in rural areas, and ensuring the participation of civil society organizations will strengthen preventive measures and support for victims.
In conclusion, protecting minors from criminal offenses in the Kyrgyz Republic requires not only stronger enforcement of laws but also a shift in societal attitudes and values. A holistic approach involving all stakeholders—government institutions, non-governmental organizations, communities, and families—is essential to ensure a safe and supportive environment for every child. Through collective efforts and a commitment to upholding children's rights, the Kyrgyz Republic can make significant strides toward eliminating violence, exploitation, and abuse against minors.
References:
1. International Labour Organization (ILO). (2014^. National Child Labour Survey in Kyrgyzstan. // URL: https://www.ilo.org (date of request 18.02.2025)
2. United Nations Children's Fund (UNICEF). (2022). Protecting Children from Violence in Kyrgyzstan. // URL: https://www.unicef.org/kyrgyzstan(date of request 18.02.2025)
3. National Statistical Committee of the Kyrgyz Republic. (2023). Multiple Indicator Cluster Survey (MICS). // URL: https://stat.gov.kg(date of request 18.02.2025)
4. U.S. Department of Labor. (2020). Findings on the Worst Forms of Child Labor - Kyrgyz Republic. // URL: https://www.dol.gov(date of request 18.02.2025)
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5. Girls Not Brides. (2022). Child Marriage Atlas - Kyrgyzstan. // URL: https://www.girlsnotbrides.org(date of request 18.02.2025)
6. U.S. Embassy in the Kyrgyz Republic. (2023). Human Rights Report on Kyrgyzstan. // URL: https://kg.usem-bassy.gov(date of request 18.02.2025)
7. United Nations Office on Drugs and Crime (UNODC). (2021). Global Report on Trafficking in Persons. // URL: https://www.unodc.org(date of request 18.02.2025)
8. Child Marriage Data. (2022). Kyrgyzstan Country Profile. // URL: https://childmarriagedata.org (date of request 18.02.2025)
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