PRINCIPLES OF PROTECTION OF THE RIGHTS OF MINOR PARTICIPANTS IN ADMINISTRATIVE-TORT RELATIONS

Abstract

The purpose of the article is to theoretically determine and clarify the state of legal support of the principles (principles) of protection of the rights of minors in administrative-tort relations. The research methodology was formed by a set of general scientific and special methods of cognition. In particular, the dialectical method of cognition was used by the authors in identifying the basic principles of legal protection of the rights of children (minors) in the implementation of administrative-tort relations in the context of continuous development and improvement of international and national law. Through a combination of methods of comparative analysis and synthesis, it was proved that the characteristics of juvenile participation in administrative tort proceedings together determine the principles of administrative proceedings and internationally established standards of child-friendly justice. The comparative law method was used in comparing the principles of protection of children’s rights of international and national (administrative) law. The results of the study are outlined in the list of basic principles of proceedings in cases of administrative offenses, as well as guidelines for the administration of child-friendly justice. The content of such international principles as: ensuring the best interests of the child; access of the juvenile to the court and obtaining the necessary information in a form and manner accessible to the child; participation of a minor in administrative-tort proceedings (principle of active participation, including the presumption of the child’s ability to be a full participant in these legal relations and mandatory participation of a minor in the administrative case against him); free expression of the child’s views and consideration of his opinion (the principle of being heard); the use of detention and forced detention of children only as an exceptional measure and for the shortest possible time. The expediency of introducing the principle of presumption of vulnerability of administrative and procedural rights of the child into administrative-tort relations is substantiated. The following conclusions are formulated in the article. It is established that the principles of protection of the rights of minors in administrative-tort relations are theoretically substantiated and enshrined in international and national administrative acts basic principles, guiding ideas that reflect the general nature and specifics of proceedings on administrative offenses involving minors. It was found that the basis for the protection of the rights of minors in administrative-tort relations is a set of interrelated principles of administrative-tort proceedings and international legal standards (rules) for the administration of child-friendly justice. It is emphasized that in both the first and the second case the list of these principles cannot be considered exhaustive, and the implementation of many of them has many common aspects and requires further improvement of Ukrainian legislation.