Implementation of international standards of child-friendly justice to the administrative legislation of Ukraine

Abstract

The article is devoted to the peculiarities of the implementation of the basic principles of justice for children in cases of administrative offenses. It is noted that every year in Ukraine more than ten thousand juveniles are brought to administrative responsibility for administrative offenses. But it is in this type of jurisdictional proceedings that the norms of Ukrainian legislation take the least into account the specifics of the administration of justice for children, which are determined by international standards and guidelines for the protection of children's rights. The purpose of the article is to clarify the content of international standards and guidelines for the administration of child-friendly justice and to identify existing problems of their implementation in the Ukrainian legislation on administrative offenses. It is established that the basis for the protection of the rights of juveniles prosecuted for administrative offenses is a set of interrelated and principles of administrative tort and international legal standards (rules) of treatment of children in the administration of justice. The second group of principles consists of the following principles, such 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 the minor in the administrative tort proceedings against him (the principle of active participation, including the presumption of the child's ability to be a full participant in this relationship and the mandatory participation of the 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; presumption of vulnerability of administrative and procedural rights of the child. These principles need to be more actively implemented in the norms of Ukrainian administrative law.