INTERNATIONAL STANDARDS AND ADMINISTRATIVE-LEGAL PRINCIPLES FOR THE FORMATION OF GUIDELINES FOR DOCUMENTING THE VIOLATION OF CHILDREN'S RIGHTS AS A RESULT OF SEXUAL VIOLENCE

Abstract

The article is devoted to the theoretical study of legal regulation, analysis of law enforcement practice and international experience as the basis for the formation of guiding principles for documenting the violation of children's rights as a result of sexual violence. The state of scientific research to a greater extent concerns the criminal aspect of sexual violence and is devoted to the analysis of this category as a general phenomenon, without distinguishing the specifics of the violation of the rights of the child, and even more so to the analysis of the possibility of the influence of administrative and legal regulation on the specified problem. In the work, the author goes beyond the limits of criminal justice and justifies the importance of administrative and legal regulation as the legal basis of the relevant guiding principles. An attempt was also made to scientifically substantiate the practical significance and the need to implement the relevant guiding principles that were proposed within the framework of the Council of Europe project "Combating violence against children in Ukraine", the purpose of which is to provide representatives of law enforcement agencies, judges, lawyers with a toolkit for documenting rights violations child related to sexual violence. The legal nature of their formation lies in the state's fulfillment of its positive obligation to protect the rights of the child, which is also manifested in the implementation of the state's administrative functions, including through the norms of administrative law. The Guidelines for Documenting Violations of Children's Rights Due to Sexual Violence can be defined as based on international obligations and generally recognized standards in the field of children's rights, the main principles and ideas that contribute to the documentation of violations of children's rights related to sexual violence. The article highlights such guiding principles as ensuring the best interests of the child; the role and responsibility of the state; the relationship between the right of the suspect/accused to a fair trial and the rights of the victim of sexual violence; timeliness; security and privacy; participation of the child in making decisions concerning him. Most of the described guidelines cover a wide area of legal regulation and are part of the child-friendly justice system.