| Popis: |
The article deals with the topical issues of protecting the rights and legitimate interests of minors when they are determined to be in a socially dangerous situation (SDS), examines the modern problems of theory and practice of their legal regulation in the Republic of Belarus. The article reveals controversial and problematic moments in the legal regulation of the procedure of determination of a child in a socially dangerous situation: not precise enough terminology, inconsistency of legal norms, vague criteria of socially dangerous situation, presumption of disadvantage, use of legislation on prevention of social disadvantage as a pressure in political cases. Emphasis is placed on the need to provide national legislation with special regulation for appeals against initial documents, decisions at any stage of the SDS procedure, in order to ensure the right of parents to protect themselves and their children. The article suggests an improved approach in assessing the information gathered in the case and the need for a reasoned decision on the presence or absence of SDS criteria. The author concludes that the national legislation of Belarus contains rather broadly interpreted legal categories and does not unambiguously formulate indicators of SDS. This, in its turn, allows for freedom of interpretation at the law-enforcement level and creates prerequisites for the misuse of the SDS system in contradiction with its purpose. The conclusion is that the legislation needs to be improved. |
