Protection of the rights of children and minors in their transactions in the information society

Nataliia Tyshcuk,Oleksandr Omelchuk,Olena Cherniak

doi:10.31207/ih.v9i2.241

Abstract

The article is devoted to the analysis of features that arise when committing transactions by children and minors in the development of information society, identifying problems that arise when committing such transactions out of their legal capacity, as well as to the issue of the protection of violated rights and legitimate interests of children and minors due to the pandemic. The dialectical method of cognition, the method of system-structural analysis, he formal-logical method, the comparative-legal method, the method of logical analysis and dogmatic interpretation of legal norms were used preparing the article. The structure of the body of the text is comprised of such sections as introduction, methodology, analysis of recent research, results and discussion, conclusions. The main conclusion of the study is the establishing the need to clarify the amount of legal capacity of children and minors in different age groups. It is proposed to consolidate the division of minors into the following groups: from birth to 6 years; from 6 to 10 years; and from 10 to 14 years.

Highlights

With the rapid spread of a new respiratory disease, the outbreak of which was declared a pandemic by the World Health Organization on March 11, 2020, many countries are taking steps to prevent the spread of the disease
Applying the method of system-structural analysis the following notions were considered, as the concept and essence of transactions committed by children and minors in the context of the formation and development of the information society and the quarantine restrictions, features of the modern understanding of transactions committed on web sites, social networks, computer games, etc.; problems of the actual expansion of the capacity of children and minors in transactions; features of ensuring the protection of the rights of children and minors when conducting transactions through the use of the latest information technologies
The development of information technologies and their active introduction into our lives has influenced the possibility of commission of the transactions by children and minors, in particular, by expanding them

Summary

Introduction

With the rapid spread of a new respiratory disease, the outbreak of which was declared a pandemic by the World Health Organization on March 11, 2020, many countries are taking steps to prevent the spread of the disease. Following the Resolution n° 211 of the Cabinet of Ministers of Ukraine, “On prevention of the spread of acute respiratory disease Covid-19 caused by coronavirus SARS-CoV 2” (March 11, 2020), several quarantine measures were taken. This Resolution has already been amended six times. The transition into the online mode of all spheres of our lives, including transactions, awareness of children and minors in the use of technology and the mass transition to online shopping, non-cash forms of payment, the introduction of various services, which serve this area, raises the question of the ratio of the expansion of the actual opportunities of children and minors to perform transactions and their performance within the legal norms, as well as the protection of these persons from illegal or unprofitable transactions under the influence of traditional factors (error, deception, abuse, etc.) and special factors that are directly related to the use of technology (electronic transaction, identification, and confirmation of capacity, etc.)

Objectives

Methods

Results

Conclusion