REGARDING THE DEFINITION OF THE CONCEPT OF “EXCLUSIVE JURISDICTION OF THE COURT” IN THE CONTEXT OF CONSIDERING CASES OF ADMINISTRATIVE OFFENSES UNDER ARTICLE 175-1 OF THE CODE OF ADMINISTRATIVE OFFENSES “SMOKING OF TOBACCO PRODUCTS IN PROHIBITED PLACES”

Abstract

The article clarifies the understanding of the subject of consideration of cases of administrative offenses committed by minors (using the example of Article 175-1 of the Code of Administrative Offenses "Smoking of tobacco products in prohibited places"). The relevance of improving administrative liability for smoking of tobacco products in prohibited places is determined. It is emphasized that cigarette smoking is the most common way of using tobacco among adolescents, and the majority of people who use tobacco started smoking in adolescence. This causes the rapid formation of nicotine addiction and complicates quitting smoking in older age. It is stated that the problem of smoking remains quite acute at present, which, among other things, may be due to the fact that smoking of electronic cigarettes is gaining particular popularity among minors, whose satisfactory health is the key to the successful development of our state in the strategic perspective. It is emphasized that the legislation on administrative responsibility should develop effective mechanisms aimed at ensuring the rights of minors to a healthy lifestyle, in a public environment free from the harmful effects of tobacco products. The expediency of determining at the legislative level exclusive judicial competence, one of the elements of which should be considered judicial powers to consider cases of administrative offenses committed by minors, is substantiated. A number of important features inherent in exclusive competence as a legal category are highlighted, namely: the bearer of exclusive competence is a state body endowed with state authority; delegation of exclusive competence to another body or official is not allowed. The concept of exclusive jurisdiction of the court to consider cases of administrative offenses committed by minors aged 16 to 18 years is proposed, as a set of court powers regulated by the norms of administrative law, aimed at ensuring the consideration of cases of administrative offenses committed by minors. Proposals are made to amend Article 221 of the Code of Administrative Offenses, supplementing it with part two of the following content: “Consideration of cases of administrative offenses committed by persons aged sixteen to eighteen years shall be within the exclusive jurisdiction of judges of district, city district, city or city district courts”.