НЕПОВНОЛІТНІ ЯК СУБ’ЄКТИ ПРАВА: ПОРІВНЯННЯ ПРАВОВОГО РЕГУЛЮВАННЯ В НІМЕЧЧИНІ ТА УКРАЇНІ (ЧАСТИНА 2)

Abstract

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 The provisions of Ukrainian Criminal Code on criminal responsibility of minors are outdated today.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.