青少年吸烟的行政责任

Oleksander Dmytrenko
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摘要

研究的相关性取决于未成年人吸烟的普遍程度,以及针对未成年人行政违法行为--在禁止场所吸烟--所采取的行政责任措施的有效性不足。研究旨在确定行政责任的理论和法律特征,并分析针对少年犯采取的措施。为实现研究目的,作者对乌克兰和外国的科学资料以及现行法律条款进行了全面深入的分析。作者研究了未成年人吸烟行政责任的特殊性。根据乌克兰现行法律,未成年人吸烟的行政责任可由 16 至 18 岁的人承担,主要措施是由家长支付行政处罚(罚款)。提交人提供了支持将未成年人承担行政责任的年龄限制降至 13-15 岁的论据。作者证实了通过旨在解决未成年人吸烟问题的教育和社会培训对未成年人施加教育影响的适宜性。作者指出,这些措施具有预防性质,有助于减少未成年人在禁烟场所吸烟的情况,也有助于解决未成年人普遍吸烟的问题。需要强调的是,本文提出的问题不仅具有法律性质,还具有教育、社会和医疗性质。所获结果的实际意义在于,它们找出了乌克兰立法中的漏洞,并为改进未成年人吸烟行政责任的方法和解决未成年人吸烟问题提出了建议。
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Administrative liability of juveniles for smoking
The research relevance is determined by the prevalence of smoking among minors, as well as by the insufficient effectiveness of administrative liability measures taken against minors if they have committed an administrative offence – smoking in prohibited places. The research aims to determine the theoretical and legal features of administrative liability and to analyse the measures taken against juvenile offenders. The research aim was achieved by a comprehensive and in-depth analysis of Ukrainian and foreign scientific sources and provisions of current legislation. The author examines the peculiarities of administrative liability of minors for smoking. It is established that, according to the current Ukrainian legislation, administrative liability of minors for smoking may be imposed on persons aged 16-18 years, and the main measure is an administrative penalty (fine) paid by parents. The author provides arguments in favour of lowering the age limit for administrative liability of minors to 13-15 years. The author substantiates the expediency of educational influence on minors through pedagogical and social training aimed at solving the problem of tobacco use among minors. It is noted that such measures will be preventive in nature and will help to reduce the number of cases when minors smoke in prohibited places and will also contribute to solving the problem of smoking among minors in general. It is emphasised that the issue raised in this paper is not only legal but also pedagogical, social, and medical in nature. The practical significance of the results obtained is that they identify gaps in Ukrainian legislation and provide recommendations for improving approaches to the administrative liability of minors for smoking and addressing the problem of smoking among minors
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