PECULIARITIES OF THE PROTECTION OF THE RIGHTS OF MINORS IN PROCEEDINGS IN CASES OF ADMINISTRATIVE OFFENSES

Abstract

Abstract. The article emphasizes the relevance of the issue of compliance with the rights of minors in the proceedings in cases of administrative offenses. Emphasis is placed on the fact that the acts that defined a uniform approach to minors regardless of their status in the proceedings in cases of administrative offenses have lost their validity. Summarizing different approaches, it was established that the administrative responsibility of minors is the social relations regulated by the norms of administrative law, which take place during the application in a certain order and in an appropriate manner by the judges of district, district in cities, city or city-district courts of measures of influence to persons aged 16 to 18 years in case they commit administrative offenses and which entail for these persons onerous consequences of mainly educational nature. Special features of the administrative responsibility of minors are given. It is emphasized that when bringing a minor to administrative responsibility, his age characteristics should be taken into account, and the nature of the committed administrative offense should be commensurate with the measures of influence. Moreover, it is necessary to take into account legal guarantees of protection of the rights and legitimate interests of minors in order to prevent their violation. The guarantees of the protection of the rights of minors in the proceedings in cases of administrative offenses within the Code of Ukraine on administrative offenses and other laws were considered. It was concluded that there is a trend towards the individualization of the responsibility of minors, which is considered as one of the principles of proceedings in cases of administrative offenses. It is established that the legislator does not single out a separate procedure or procedure for bringing a minor to administrative responsibility; no act, including the Code of Ukraine on Administrative Offenses, prescribes the rights that minors have during administrative offense proceedings; the duty to protect the rights of minors rests with executive authorities, courts, the police and other subjects implementing policy in the mentioned sphere.