未成年人作为法律主体:德国与乌克兰法律规制之比较(二)

B. Schloer, K. Kravchenko
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摘要

这篇文章专门讨论作为法律主体的未成年人。本文的目的是对不同法律领域的未成年人以及年龄限制进行比较分析。本文的重点是刑法、行政法、劳动法、社会法和诉讼法。本文采用比较分析德国和乌克兰国内法的方法。本文的结果如下。首先,分析了德国法和乌克兰法中未成年人的刑事责任。刑事多数年龄问题仍然是未成年人刑法领域最具争议的问题之一。德国的刑事责任年龄为14岁,而乌克兰的刑事责任年龄为16岁。乌克兰刑法关于未成年人刑事责任的规定今天已经过时。这些规定应予修改。乌克兰行政法中关于行政责任最低年龄限制的规定也应作出同样的修改。第二,对德国和乌克兰关于未成年人津贴的社会法律规定进行比较分析,可以看出国家安全水平存在较大差异。德国有慷慨的社会福利制度,为未成年人提供各种津贴和福利。其中最著名的是Kindergeld(也称为儿童福利)。这是德国政府的一项津贴,用来帮助支付抚养孩子的部分费用。每个孩子每月的费用从219欧元到250欧元不等。而乌克兰只提供1234欧元的一次性出生付款。这也是最复杂的问题之一。结论基于对比分析的结果。建议降低乌克兰刑法和行政法领域的年龄限制。
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MINORS AS SUBJECTS OF LAW: COMPARISON OF THE LEGAL REGULATION IN GERMANY AND UKRAINE (PART 2)
This article is devoted to the minors as a subject of law. The aim of the article is a comparative analysis of minors in different areas of law as well as age limits. The article focuses on Criminal Law, Administrative Law, Labour Law, Social Law, and Procedure Law. The article is based on a method of comparative analysis of German and Ukrainian domestic law. The results of the article are following. First, a criminal responsibility of minors in both German Law and Ukrainian Law is analyzed. The question of the age of the criminal majority remains one of the most controversial issues in the field of criminal law for minors. In Germany, the age of the criminal responsibility is fourteen years, while in Ukraine the age of the criminal responsibility is sixteen years. The provisions of Ukrainian Criminal Code on criminal responsibility of minors are outdated today. Those provisions should be changed. The same changes should be made in Administrative law of Ukraine concerning the minimum age limit of administrative responsibility. Second, the comparative analysis of Social law provisions concerning minors allowance in Germany and Ukraine shows considerable differences of the level of State security. Germany has generous systems of social welfare and offers a variety of allowances and benefits for minors. One of the most well-known of these is Kindergeld (also called a Child Benefit). This is an allowance from the German government to help defray some of the cost of raising children. It can run from €219 to €250 per child per month. While Ukraine offers only a lump sum birth payment in an amount of €1234. It is also one of the most complicated issues. Conclusions based on the results of comparative analysis. The authors suggest that the age limit in the area of criminal as well as administrative law of Ukraine should be reduced.
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