Comparative Legal Analysis of Educational Measures for Minors Who Have Committed an Administrative Offense in Kazakhstan and Ukraine

  • Gulmira B. KOZYBAEVA Department of General Legal Disciplines, Academy of Law Enforcement Agencies under the General Prosecutor's Office of KazakhstanKosshy, Kazakhstan
  • Oleksii Yu. PIDDUBNYI Department of Civil and Commercial Law, National University of Life and Environmental Sciences of Ukraine Kyiv, Ukraine
  • Ivan I. BALYKIN Department of Theory and History of State and Law, ‘KROK’ University, Kyiv, Ukraine
  • Liudmyla I. BALYKINA-HALANETS Department of State and Legal Disciplines, ‘KROK’ University, Kyiv, Ukraine
  • Yaroslav N. SHATKOVSKYI LLC ‘RENART’, Kyiv, Ukraine

Abstract

Violation of law and order by adolescents has always been one of the urgent problems in the development of each state, which is faced not only by law enforcement agencies, but also by society as a whole, because the younger generation is the future of the country. The main purpose of the article is a complex legal characteristic of educational measures against minors who have committed an administrative offense in Kazakhstan and Ukraine, and their comparative characteristics. The purpose of the article stipulated the use of analytical and comparative analysis as the main methods. The main scientific approach when considering this issue is that in the system of measures of administrative and legal coercion it is necessary to single out educational measures that are unlawfully identified with administrative penalties. Based on the results of the analysis, a number of legislative recommendations have been offered regarding the improvement of individual rules governing this issue. In the future, it will be of interest to analyze the effectiveness of existing norms of administrative educational influence on minors through the study of statistical data on the level of offenses committed and measures applied which by its volume goes beyond the scope of this work and is the subject of a separate research.

References

[1] Abramova, I.E., et al. 2018. Russia-India: Indian students’ adaptation in Russian universities in the context of the dialogue of civilizations and cultures. Periodico Tche Quimica 15(30): 87-94.
[2] Alekseychuk, O.A., and Mishchuk, I.V. 2017. Administrative responsibility of minors. Scientific Bulletin of Kherson State University 5(2): 46-50.
[3] Antonova, L.B., and Zanina, T.M. 2018. Problems of bringing juveniles to administrative responsibility for illegal drug use. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia 4: 154-161.
[4] Arkhabaeva, K. 2017. Features of bringing minors to administrative responsibility. Infozakon.kz. http://infozakon.kz/gov/997-osobennosti-privlecheniya-nesovershennoletnih-lic-k-administrativnoy-otvetstvennosti.html.
[5] Baisalueva, E.F. 2019. Some problems of the implementation of administrative responsibility of minors and ways to overcome them. Jurisprudence and Law Enforcement 1(47): 134-141.
[6] Balykin, I. 2018. Fighting participation of adolescents in destructive online communities. Paper presented at the science-practical conference of young scientists ‘Current issues of modern science and practice,’ November 15, in Kyiv, Ukraine.
[7] Biksitova, Zh.A. 2007. Features of administrative responsibility of minors in the juvenile law system of Russia. Bulletin of Orenburg State University 3: 38-42.
[8] Bocheliuk, V.I., et al. 2019. Management of professional readaptation in terms of the modern Ukrainian society. Astra Salvensis 1: 539-552.
[9] Buriev, T.R., and Tokubaev, Z.S. 2017. Improving the legislation of Kazakhstan on administrative offenses. Paper presented at the I International scientific-practical conference ‘Actual issues of administrative regulation,’ November 8, in Moscow, Russian Federation.
[10] Campos, A.F., and Lucena, M.D.P.D. 2018. Ideas of students on the atomistic nature of matter. Periodico Tche Quimica 15(30): 268-276.
[11] Changsong, W. 2016. Fictional portrayals of young people in Chinese and American juvenile delinquency films: A comparative study. Media Watch 7(1): 92-104.
[12] Civil Procedure Code of Kazakhstan dated October 31, 2015 No. 377. 2015. https://online.zakon.kz/document/?doc_id=34329053.
[13] Code of Kazakhstan on Administrative Offenses of July 5, 2014 No. 235. 2014. https://online.zakon.kz/Document/?doc_id=31577399.
[14] Code of Ukraine on Administrative Offenses of December 7, 1984 No. 8073. 1984. https://zakon.rada.gov.ua/laws/show/80731-10.
[15] Gorbach, O.V. 2006. Administrative responsibility of minors, parents or persons who replace them. PhD diss., Kyiv National University of Internal Affairs.
[16] Hebbani, A. 2017. Preface. Media Watch 8 (1 - Special Issue): 2-8.
[17] Julião, M.S.D.S., Da Costa, I.C.A., and Bezerra, Â.C.S. 2018. Factors generators of motivation and demotivation in the undergraduates of chemistry of a public university in the Brazilian northeast. Periodico Tche Quimica 15(30): 35-47.
[18] Khametdinova, G.F. 2018. Formation of the administrative responsibility of parents for inappropriate parenting in domestic law. Jurisprudence and Law Enforcement Practice 2(44): 33-41.
[19] Kharitonov, I.K. 2015. Holding juveniles accountable for offenses. Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia 3(29): 75-79.
[20] Khorkov, V.N. 2007. On the issue of reform of administrative responsibility of minors. Issues of Juvenile Justice 1: 31-35.
[21] Kimlik, R.V. 2009. Concerning the recognition of a minor as a subject of administrative responsibility in Ukraine. Nashe Pravo 4(1): 36-40.
[22] Komarova, T.V. 2018. Organization of the judicial system of the European Union. Journal of the National Academy of Legal Sciences of Ukraine 25(1): 79-96.
[23] Korneichuk, S.V., and Gladyr, N.S. 2017. Public Monitoring of the Legislation and Law Enforcement Practice of the Local Police Service in the Field of Prevention and Prevention of Domestic Violence in Kazakhstan. Kryzysnyi Tsentr ‘Podruhy’
[24] Kovalchuk, Yu.I. 2007. A minor as a subject of administrative responsibility. PhD diss., National Aviation University.
[25] Law of Kazakhstan ‘On Prevention of Domestic Violence’ dated December 4, 2009 No. 214. 2009. https://online.zakon.kz/document/?doc_id=30525680.
[26] Law of Kazakhstan ‘On Amendments and Additions to the Code of Kazakhstan on Administrative Offenses’ dated December 28, 2017 No. 127. 2017. https://online.zakon.kz/document/?doc_id=31577399.
[27] Law of Kazakhstan ‘On the Prevention of Juvenile Delinquency and the Prevention of Child Neglect and Homelessness’ dated July 9, 2004 N 591. 2004. https://online.zakon.kz/document/?doc_id=1049318.
[28] Lesyu, N.A. 2014. Legal nature of juvenile administrative responsibility. Bulletin of Lviv Polytechnic National University 801: 14-18.
[29] Lukiyanova, M.N., Zayarnaya, I.A., and Kadyrov, M.A. 2018. Introduction of the ‘3-p’ model in the concept of strategic management of municipal entities. Public Policy and Administration 17(4): 586-599.
[30] Nakonechna, А.М. 2018. International billion on human right through of the prize of need approach. Journal of the National Academy of Legal Sciences of Ukraine 25(3): 28-45.
[31] Normative resolution of the Supreme Court of Kazakhstan ‘On the court ruling in the case of an administrative offense’ dated April 20, 2018 No. 5. https://tengrinews.kz/zakon/verhovnyiy_sud_respubliki_kazahstan/natsionalnaya_bezopasnost/id-P180000005S/.
[32] Polyakova, N.V. 2018. Administrative legal status of a minor in the administrative-tort legislation of the Russian Federation and Kazakhstan: comparative aspect. Pape presented at the annual All-Russian scientific-practical conference ‘Actual problems of administrative and administrative-procedural law (Sorokin readings),’ March 23, in St. Petersburg, Russian Federation.
[33] Polyakova, N.V., and Antonova, L.B. 2016. Problems of administrative responsibility of minors. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia 1: 166-171.
[34] Prodayevych, V.O. 2006. Administrative impact measures applicable to minors: concept and place in the system of administrative enforcement measures. University Research Notes 2: 195-199.
[35] Resolution of the Supreme Court of Code of Kazakhstan on Administrative Offenses of July 5, 2014 No. 235. 2014. https://online.zakon.kz/Document/?doc_id=31577399
[36] Romanyuk, V. 2019. The nature and legal nature of administrative liability measures. Entrepreneurship, Economy and Law 3: 236-240.
[37] Savina, T.A. 2015. Compulsory educational measures in the legislation of some EU countries. Issues of Juvenile Justice 2(56): 16-20.
[38] Spivak, M.V. 2009. Issues of administrative liability of minors and persons under the age of 16 for offenses in the field of public health. Judicial Appeal 1(14): 17-22.
[39] Suleimenova, G., Kadyrova, M., and Kenzhebaeva, A. 2018. Establishment of state bodies's performance assessment system. Public Policy and Administration 17(2): 203-215.
[40] Suprapto, N., et al. 2018. Minimizing misconception of ionization energy through three-tier diagnostic test. Periodico Tche Quimica 15(30): 387-396.
[41] Tamutienė, I., and Auglytė, V. 2018. Societal and political pressure on child protection: The perspective of child protection professionals. Public Policy and Administration 17(3): 385-398.
[42] Tanaeva, Z.R. 2010. Prevention of Juvenile Delinquency. Chelyabinsk Law Institute of the Ministry of Internal Affairs of Russia.
[43] The Criminal Code of Kazakhstan dated July 3, 2014 No. 226. 2014. https://online.zakon.kz/document/?doc_id=31575252.
[44] The Law of Kazakhstan ‘On Amendments and Additions to Some Acts of Kazakhstan on Combating Domestic Violence’ dated February 18, 2014 No. 175. 2014. https://online.zakon.kz/document/?doc_id=31508988.
[45] Vasiliev, A.S. 2001. Administrative Law of Ukraine (General Part). Odyssey.
[46] Velikotskaya, A.M., and Ivanova, A.V. 2014. Different approaches to the socio-psychological support of adolescents in conflict with the law: Russian and foreign experience. Psychological Science and Education 3: 51-60.
[47] Zhanibekova, A. 2012. No enforcement measures. https://www.zakon.kz/4521536-bez-prinuditelnykh-mer.html.
Published
2019-03-31
How to Cite
KOZYBAEVA, Gulmira B. et al. Comparative Legal Analysis of Educational Measures for Minors Who Have Committed an Administrative Offense in Kazakhstan and Ukraine. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 1, p. 274-284, mar. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4356>. Date accessed: 03 may 2024. doi: https://doi.org/10.14505//jarle.v10.1(39).28.