The rights of the child in administrative-tort relations

Abstract

Introduction. According to the analysis of domestic regulations, the special status of the child is least taken into account in the legislation on administrative offenses.
The aim of the article is to analyzethe rights of the child, who is brought to administrative responsibility, for their compliance with international standards and sufficiency to ensure the best interests of this category of participants in administrative-tort relations.
Methods. The empirical basis of the study were legal acts of international and Ukrainian law, scientific works of other authors in the field of administrative law. Thanks to a combi­nation of general scientific and special methods of cognition it was possible to process the specified empirical material and to receive own scientific conclusions.
Results. The basis of the article is a compa­rative analysis of the norms of international law and national legislation of Ukraine concerning the administration of justice for minors. It has been established that certain rights of minors, who are brought to administrative responsibility, which are important for the protection and defenseof their interests, which are provided by international law, are not enshrined in the relevant legislation of Ukraine.
Conclusions. According to the results of the study, the need to create in the national legislation certain administrative and legal mechanisms to protect and ensure the constitutional rights of children at all stages of proceedings in cases of administrative offenses is emphasized; determi­nation of the special procedural status of the child in administrative tort proceedings. It is argued that the protection of the rights of a child,who is brought to administrative responsibility, should be ensured in court and out of court.