JUVENILE LIABILITY IN UKRAINE: PROBLEMS OF FORMATION

Abstract

The work is devoted to theoretical substantiation of the institute of juvenile liability in the general theoretical construction of legal liability, and to clarification and study of its features. The author proves the need to improve the specific legal status of a child by enshrining juvenile liability as an integral part of the legal status triad (legal capacity, legal capacity and tort capacity). It is emphasized that such a process cannot be limited to the establishment of rights and obligations of a minor subject, but should also include the establishment of appropriate guarantees. The distinction of juvenile liability as a specific type of legal liability with its complex nature and specific methodology should guarantee proper observance of children's rights in Ukraine. The theoretical justification of juvenile liability should be carried out with the obligatory allocation of positive and negative aspects in its structure. The establishment of positive juvenile liability should encourage minors to comply with legal norms, thereby preventing them from further joining delinquent groups. The author formulates the features of juvenile liability, which include: 1) promotion of the child’s re-socialization in society; 2) educational nature; 3) application and enforcement not only by state authorities, but also by other social actors authorized by the state; 4) not a repressive measure of influence in response to unlawful behaviour, but a way of persuading about the inadmissibility of continuation of such actions; 5) application by state and non-state institutions; 6) absence of negative consequences. The author proposes a definition of the concept of juvenile liability, which is understood as a comprehensive institution of response of state and non-state actors to the tortious behaviour of a child (minor) using measures of persuasion and coercion with a view to forming legal culture and legal consciousness in such a child. The author concludes that society and the State are ready to fully define the legal status of a child by introducing the institute of juvenile liability. It is believed that the allocation of juvenile liability as a specific type of legal liability with its complex nature and specific methodology should guarantee proper observance of children's rights in Ukraine.