ADMINISTRATIVE MEASURES OF INFLUENCE ON CHILDREN: LEGAL BASIS, CLASSIFICATION AND DIRECTIONS OF LEGISLATION OPTIMIZATION
DOI:
https://doi.org/10.32631/Keywords:
minor, juvenile, administrative responsibility, measures of influence, child upbringing, parental responsibility, police custody, juvenile prevention, administrative coercion, preventive accounting, child rightsAbstract
The article provides a comprehensive analysis of the legal principles and
classification of administrative measures applied to a child as a subject of law. The
relevance of the study is due to the need to revise the criteria for the lawful
behavior of minors in the context of the current geopolitical situation, the
destruction of cultural values and gaps in the activities of executive authorities.
The author examines in detail the conceptual apparatus, distinguishing the status
of a “child”, a “minor” and a “minor” person in accordance with the norms of the
Family Code and relevant legislation.
Particular attention is paid to the analysis of Article 24-1 of the Code of
Administrative Offenses, which defines a system of measures of influence on
persons aged 16 to 18, which is based on the principle of educational orientation
and gradual increase in severity. The work reveals the content of such measures
as the obligation to apologize, warning, reprimand and transfer to supervision. A
special emphasis is placed on the scientific discussion on the modernization of
these norms: it is proposed to supplement the list with a prescription of social
patronage and restrictions on leisure, while excluding disciplinary measures. The mechanism of administrative liability of parents for failure to fulfill
their obligations to raise children (Article 184 of the Code of Administrative
Offenses) is studied. The author clarifies the current size of penalties and
emphasizes the preventive role of the responsibility of legal representatives. A
separate block considers administrative coercive measures: administrative
detention and police custody. The conclusions emphasize the effectiveness of
preventive accounting by juvenile prevention units as an effective tool for
preventing recidivism and bullying.
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