Head of the Legal Department,

Ph.D., associate professor

Tileubergenov Erazak Manapovich

KazNPU after Abai, Almaty

Basic principles and criteria for the production of psychological and educational assessment for juveniles.

The methodology of psychological and educational assessment of juvenile has the following basic concepts, which are based on the expert’s studies:
1. "Psychological age" - the period of personal development of personatit of juveniles, covering chronological periods and limited critical points. The analysis begins with the identification of the critical period.
2. The totality of personal (individual psychological characteristics of personality), intellection features, emotional (affect, and other emotional states), situational (criminal, beforecriminal, postcriminal, investigative, legal situation) characteristics, which are taken in the unity and the dynamics of social development.
Over-all approach means: the study of the history of the development of a minor, plus the results of psychometric studies of the qualitative nature of personal characteristics.
Diagnosis of the age period still does not show fully answer on the question about the ability of minors of directing their actions and the completeness of their consciousness. Reflection and self-regulation may be sufficient in simple situations, but in more complex they will be incomplete. Expert evaluation is carried out taking into account external (difficulty of the situation) and internal (dynamic state of the individual) conditions of the commission of alleged acts. (1)
Expert data is used in the overall assessment of the psychological characteristics of juveniles and the analysis of the specific motivation of the teenager at the time of the incriminating acts. This include such features as a good general knowledge, ability to think abstractly, and resourcefulness, the ability of self-organizing, conduct focus, the ability to integrate social norms socialized interests and values and adequate response to the judicial inquiry situation.
At the same time, some experts give data on a limited stock of general information and knowledge, concrete thinking, poverty and primitive interest, non forming moral and ethical behavior, asocial settings. This contradictory information about the characteristics and the level of intelligence and personality of teenagers displaying the ability to adequately understanding and arbitrary regulation and control of their actions, shows that the focus of forensic expert study should not attention to the test results and to analysis of the motivation of crime and social legal diagnostics in general.
In this process, we offer to pay special attention to:

- the necessity of a complete approach to studying the adolescent's personality, where we can follow the dynamics of the internal contradictions of its development, the study of all adolescent's personality can not be limited by a description of external features and the counting of positive and negative characteristics of a minor;
- concrete social study of teenager’s personality in its environment, past and present (in criminal casework shows that this is still purely formal undifferentiated approach to the fact of the living conditions of young persons);
- study of personality of teenagers in the real position were he shows inherited and acquired peculiarity as a result of misuse of family upbringing;
- study of social relations of the individualn to the environment;
- Stok-taking of the important situations in which the inner content of the individual young person;

- comes out development of individualn programs of study of teenager’s personality in accordance with the structural model of age-identity, which will exclude banality of applied research methodology. Reveal the specific and typical features of personality on which it would be possible to trace the dynamics of changes in the structure of the minor.
In put able juvenile accused is revealed that the structure of motivation, the focus of criminal behavior, understanding the wrongfulness and criminality of the offense, full control of their actions. (2)
Clinical criteria for the limited ability of the juvenile defendant to the conscious regulation of their conduct in the criminal situation are reduced, in all their variety of options depending on the type of mental disorder, in partial retention of intellectual and emotional-development, the criticality of the partial, limited capacity for indirectness of action, psychosexual infantilism, instability of social adaptation, regredientnomu nature of psychopathic manifestations. Clinical data are characterized, first of all, the preservation of the potential ability of adolescents to understand and control their behavior. Psychological criterias are use in the analysis of the specific motivation of offense in court and interesting consequence of the period.
There are three types of violations of motivation:
1) the prevalence of gaming motivations for committing the offense with disabilities of the forecast of possible consequences of their actions and their adequate assessment;
2) an uncritical imitation of the actions of the referent of teenage groups, which in suggestible and conformal adolescents can be in imitation of the model of the behavior of members of the referent group or directly to the authoritative guidance for these people without sufficient forecasting results, and educationally neglected, emotionally unstable juveniles who have inclination to disruption during frustrating effects - an offense under the influence of direct threats to members of the antisocial adolescent group;
3) the lack of mediation of action with impulsive behavior, in violation of the decision process in the collision of personal and intellectually immature adolescents with complex situations, having increased demands on their mental abilities.
Plan of study and methodology.
1. Study of the intellectual sphere – patophsihological research methods in memory, attention, thinking, processes of mediation, generalization, ability to establish logical connections.
2. General awareness, orientation in the practical sphere, in specific areas - series of special issues and projective situations.
3. Characterological properties:
- particular emotional response (tests, questionnaires);
- motivational sphere;
- properties of submission and inspiring

- ability to volitional efforts;
4. Awareness in issues of moral standards - discussion of actions and situations.
5. Analysis of content of actions of teenager in the criminal situation, because the actions are, on the one hand, the result, but on the other - indicator of mental development. The objective side is expressed in the materials of the case, as it turns into a subjective process of directed questions.
6. To what extent we can predict the outcome, the consequences, the ability of adolescents to predict, to think logically the experience (Precautionary the extent to which the selected investments with the goal).
For a true solution setted for the psychological and pedagogical expert examination by the investigator or the court, the great importance of the first stage of the analysis has the correct determination of compliance with the level of development of the minor to the end of this age, and (or) the beginning of early adolescence. Until recently, it was decided to consider the adolescence as the interval between 11 and 15-16 years.
According to recent data the adolescence is defined in the interval between 11-12 and 14-15 years. This roughly corresponds to the Limits of the age of criminal responsibility in Kazakhstan: 14 years - for the most serious crimes, 16 years - for the rest.
Adolescence is rightly viewed as the transition from childhood to adulthood. It is transitional mainly in the biological sense, since this is the age of puberty, in parallel which mostly reach maturity and other biological systems of the body. Biological changes in the organism mainly relate to the adolescent's mental development. (3)
In adolescence, the concrete-figurative thinking characteristic of children is increasingly giving the place to the abstract. Thinking becomes more independent, active, creative. During this period the adolescent seeks to understand the essence of phenomena, their cause, require proof of the truth of the arguments. There is the possibility of awareness and evaluation of their actions and behavior of others. Qualitatively and dramatically changed the content of the motivational sphere, there is the orientation to participate in socially relevant areas, planning long-term prospects. The element of situational behavior, diminishes, the ability to deliberate regulation of behavior according to social norms farms. In this respect the formation of self-consciousness is extremely important the image of "I", the ability to self-esteem.
In psychology and pedagogy the individual is consided as a particular mental processes and psychological-pedagogical structure of personality if includes temperament, focus, ability, character, personality development in key areas of activity: work, communication, knowledge, sports, game, etc. Maturation of tumors of adolescence major characterizes "birth" of the individual. If the teenagers and young men 14-16 years have no them the display features characteristic of earlier stages and age periods, show mental retardation.
Due to the fact that the adolescent’s self-esteem is a personal neoplasm, which determines the specificity of the whole age period, the diagnosis of completion of the maturation of personality should be based precisely on the analysis of identity and consciousness. The greatest importance to the question, whether a juvenile defendant is fully aware of the significance of their actions and to what extent he could control them, has a maturity score moral and legal consciousness. These are the basic personality structure regulators normative behavior. As the personal aspects of the moral consciousness to the end of adolescence of normally developing boy finally differentiats concepts and moral sense of duty, responsibility, shame, honor, dignity and conscience.
In the sense of duty the transformation of moral standards in the installation and position of the subject fixes. In this case, the general moral formula "all must" transformation in the minds of a minor in the belief "I must."
In the sense of responsibility the boundaries of moral obligation, depending on the actual capacity of the person due to cash flow circumstances out line. Responsibility is the form of the control over the activities of the moral consciousness of the person either from the standpoint of society, either from the standpoint of the individual.
Integration of these moral evaluations is carried out by criticism, which is the basis of personal choice. Therefore, the degree of development of the defendant's moral level of criticality is not only characterized by its ability to adequately assess the semantic, knowledge of their actions, but also gives an indication of his personal freedom of choice, the ability to choose a certain line of conduct, of the extent to guide their actions.
The shame is an evaluation of juvenile defendants of their actions, behavior on the basis of capacity to assume what would be the reaction of others. Sophistication of shame, social projection, understanding of the social significance of their behavior. Dignity characterizes the representation of a minor accused of the ideal man. Dignity is a form of self-identity, the basis of its insistence to itself, not allowing willingly to commit acts below their dignity.
The most important sense of moral consciousness and identity of juvenile defendants is conscience. The development of this moral sense, to the greatest extent, the ability characterizes of individuals to moral self-control, involves semantic differentiation adopted social norms.
The formation of the moral and legal consciousness of a teenager is a measure of his assimilation of the most important social norms, an indicator of success of its socialization, a well-developed internal (conscience) and external (shame) control that creates the psychological (personality) preconditions of responsibility. (4)
Implementation of the criminal actions of all is the realization of concrete situational motives, conscious and actual values of the individual. Preservation of complete awareness and the arbitrary of their choice - a subjective assumption of guilt and responsibility of the perpetrator. Therefore, for completeness judgments about the ability of a juvenile defendant is fully aware of the importance of their actions and leadership, their analysis of the moral conscience of a teenager should be complemented by an analysis of its goal-setting and the achievement of the goal. A prerequisite for their effective functioning in many ways serves a well-developed intellectual activity of intellect.
Cognitive differentiation of personality, its high level of operational capabilities in a significant extent determine the depth of disclosure of key aspects of the situation, the choice of adequate ways and means of transformation, adequate consideration of internal resources and its own qualities. (5)
The need to use psychological and educational assessment to determine the characteristics of the offender is determined primarily by the fact that a number of circumstances, a criminal act can not be established nor the investigator nor the court, as a study and evaluation of some of the facts, phenomena can only be done by means of special knowledge.

REFERENCES:
1. Lomov BF Methodological and theoretical problems of psychology, M, 1984.
2. Bilenchuk PD, Roschin AI Study of the minor defendant at the preliminary investigation, Kiev, 1991.
3. Kornoukhov VE Comprehensive forensic investigation of properties of human, M, 1982.
4. Seletsky AI, Tararuhin SA Minors with behavioral problems, Kiev, 1981.
Kostitsky MV Forensic psychological examination, Lviv