Institute of administrative responsibility in the juvenile justice system

Abstract

Background. The choice of the topic of the article is dictated by the existence of significant problems and the need to improve the mechanisms of applying administrative responsibility in the juvenile justice system for children on the basis of securing their rights.
Analysis of recent research and publications. Over the last five years, this topic has become the subject of research by a number of scholars and practitioners, but the practice of applying the relevant norms indicates the necessity of expansion of the research subject.
The aim of the article is to establish the nature of the institute of administrative responsibility in the legal relationships that arise in the functioning of juvenile justice.
Materials and methods. The empirical basis of the research was acts of Ukrainian and international law, analytical reviews and scientific works of other scientists. Due to the combination of general scientific and special methods of cognition, it was possible to work out the empirical material and to obtain its own scientific conclusions, which are correlated with the purpose and tasks of the article.
Results. Features of realization of institute of administrative responsibility in the field of juvenile justice are considered in three directions: administrative responsibility of minors; the administrative responsibility of parents or their substitutes for failing to fulfill their child-rearing responsibilities; the administrative responsibility of officials for acts that violate children’s rights. The expediency of reducing the minimum age of administrative responsibility is substantiated.
Conclusion. It is stated that in the juvenile justice system the institute of administrative responsibility acquires double importance, acting as a special legal form of the state response to administrative offenses by the child and a means of guaranteeing the rights and interests of children in the legal relations arising in the field of juvenile justice. It was supported the view of reducing the overall age of administrative liability to 14 years. Amendments to the content of parts 3 and 4 of Article 184 of the Code of Administrative Offenses have been proposed.