Legality as a principle of court activity in respecting the rights, freedoms and interests of minors in cases of administrative offences

Abstract

The article is devoted to the analysis of the interpretation and peculiarities of implementation of the principle of legality in the court’s activity during the consideration of cases on administrative offences. The study focuses on the empirical aspect of the application by courts of the Constitution and laws of Ukraine regarding the observance of human rights and freedoms in proceedings on administrative offences involving certain categories of citizens who need additional protection – minors. Administrative law enforcement practice demonstrates that the courts of first instance and appellate courts, using their own legal consciousness, apply administrative penalties to minors which are not provided for by law, thereby neglecting the principle of legality in the activities of public authorities. The issue of the right to defence of minors and representation of minors in cases of administrative offences is investigated. It appears that the courts point out that the right to defence of minors is not an obligation of public authorities, but is only a right of a minor. At the same time, it should be noted that the representation of a minor's interests is caused by the fact that he or she does not have full legal capacity and the capacity to act, and therefore is not able to independently use and exercise his or her rights and freedoms. The fiduciary nature of decisions resonates with the parties to the case and the social environment, contributing to the establishment of the authority of the government through trust in its institutions and entities authorised to resolve disputes and eliminate conflict in relevant social relations. Ignoring the principle of legality in specific court cases leads to the formation of precedent-setting practice for first instance courts to apply positive law in the context of the principle of legality. As a result, the effectiveness of administrative tort law as the ability of its provisions to regulate social relations arising from administrative offences in accordance with the interests of society is reduced. It is the interests of society that serve as the basis for the adoption of such rules and determine their goals and objectives in compliance with the principles of the rule of law, human rights and freedoms and legality. The effectiveness of administrative tort law should primarily be based on the fact that law is a universal regulator of social relations. Consequently, its effectiveness should be realised in the application of rules in actual social relations, i.e. in accordance with the rules of public interest. In this regard, it is extremely sensitive for each individual to understand violations of the principle of legality in the application of legal liability, including administrative liability. In this context, legality in the application of administrative liability to minors is an extremely important component. Along with ensuring the strict implementation of laws by public authorities, this principle has a significant impact on the legal knowledge and legal culture of young people and the new generation of the country's population. It shapes their attitude towards the state in general and its institutions, in particular the courts, and strengthens their trust in the state as an institution.

Keywords

• legality
• court
• minor
• rights of a minor
• proceedings on an administrative offence.