September 17, 2025Open Access

Protection of the right to freedom and personal inviolability when applying measures of influence to minors in administrative proceedings

Key Points

The study emphasizes the need for a prudent approach to safeguard juveniles' freedom and personal integrity during administrative measures.
Analysis revealed issues concerning legislation on juvenile delinquency prevention, highlighting a lack of alternative measures for minors.
General scientific and private legal methods were utilized to explore the effectiveness of current preventive measures within the system.
Legislative changes proposed aim to enhance the rights of juvenile offenders, including the mandatory appointment of legal representation in cases.

Abstract

Relevance. Analyzes the specifics of protecting the right to freedom and personal integrity when applying measures of influence to a minor in administrative proceedings. Ensuring the rights and legitimate interests of a juvenile offender requires a special approach, since it is necessary not only to guarantee the observance of his rights and freedoms, but also to exert a certain educational influence on him. The purpose is based on the study of the practical implementation of the established special judicial procedure for the placement of juvenile offenders in a temporary detention center. The objectives of the study are to identify and analyze the effectiveness of preventive measures against juvenile offenders and issues arising in law enforcement practice. Methodology. The methodological basis of the research consists of general scientific and private scientific research methods: logical, comparative legal and formal legal. The results of the study revealed issues in the implementation of the provisions of the legislation on the prevention of juvenile delinquency, requiring analysis and making appropriate changes. Conclusion. The placement of a minor in a temporary detention center for juvenile offenders is used solely as a temporary measure of influence. The article substantiates the provision on the expediency of legislatively establishing alternative measures of influence so that the court could apply them in case of refusal to place them in a special center, indicating them in the instruction to parents. Proposals have been formulated to amend the legislation on administrative proceedings governing the rules of territorial jurisdiction, the list of evidence in the case, the timing of the appeal and consideration of cases during the revision of judicial acts. An additional guarantee for the protection of the interests of juvenile offenders is the provision on the mandatory appointment of a lawyer as a representative in all administrative cases.

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