JUDICIAL PROTECTION OF THE RIGHTS OF MINORS WHO HAVE SUFFERED FROM RUSSIA'S MILITARY AGGRESSION

Keywords: court, child, martial law, rights, freedoms, legal interests, judiciary

Abstract

The article, based on current legislation, examines the judicial protection of the rights of minors who suffered from russia’s military aggression. The methodological basis of the research was a dialectical approach to the knowledge of social phenomena and processes, as well as general scientific (systemic, logical, analysis and synthesis) and private scientific (formal-legal, comparative-legal, historical-legal) methods. The topicality of the topic is due to the constitutional obligation of Ukraine to recognize, observe and protect human rights and freedoms, elevated to the rank of the highest value, at the same time by the imperfection of real protection in the conditions of martial law, occupation of part of the territory of Ukraine, including due to the insufficient development of judicial protection of the rights of minors. It noted that minors between fourteen and eighteen years of age have the right independently apply to the court in cases arising from public, civil, family and labor legal relations. Judicial protection is an organizational and legal mechanism for ensuring the rights and freedoms of a person and a citizen in the form of consideration by courts of cases with appeals from persons with complaints of violation or creation of obstacles in the exercise of rights and freedoms, or imposition of an obligation not provided for by law in the procedures of administrative, civil, criminal justice , aimed at the restoration of the violated right, the realization of freedom and compensation for the damage caused. Judicial protection of the rights and freedoms of a minor is a complex legal institution of national law, a system of legal norms that establish the grounds, methods and forms of judicial protection of the rights and freedoms of a minor, which ensure the state’s fulfillment of its obligations to recognize, observe and protect in accordance with international standards. At the moment, there is no doubt that one of the criteria for the maturity and capacity of the authorities is the attitude towards minors, respect and protection of their rights, freedoms and legitimate interests, the foundation of a just state is built on this, based on the protection of the rights and freedoms of a person and a citizen. Respect for human rights begins with respect for the rights of minors.

Published
2023-03-30
How to Cite
Сопільник, Л. С., Лаврик, Я. М., Кшик, Ю. В., Захарчук, Я. В., & Лаврик, Б. Я. (2023). JUDICIAL PROTECTION OF THE RIGHTS OF MINORS WHO HAVE SUFFERED FROM RUSSIA’S MILITARY AGGRESSION. Scientific Notes of Lviv University of Business and Law, (36), 157-164. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/729
Section
Articles