Адміністративна відповідальність за доведення неповнолітніх до стану сп’яніння: нормативно-правовий аналіз, проблеми правозастосування та напрями удосконалення

The article is devoted to a comprehensive study of administrative liability for inducing minors to a state of alcoholic intoxication within the context of current Ukrainian legislation. It analyzes the provisions of Article 180 of the Code of Ukraine on Administrative Offenses (CUAO), which regulates sanctions for this offense, as well as their effectiveness in preventing such actions. The legal nature of the offense is examined, its place in the system of administrative law is identified, and practical issues of qualification and law enforcement are considered. The article reveals the specific features of the offense, including its objective and subjective elements, and identifies the direct object of the infringement. It analyzes judicial practice regarding the application of Article 180 of the CUAO, particularly issues related to proving the guilt of offenders and establishing causal links between the perpetrator’s actions and the minor’s state of intoxication. A comparative analysis of the provisions of Article 180 of the CUAO and Article 304 of the Criminal Code of Ukraine (CCU) is carried out, the latter of which provides for criminal liability for involving minors in unlawful activities, including drunkenness. Criteria are determined for distinguishing between administrative and criminal liability in this sphere, and law enforcement challenges arising from the absence of clear legislative mechanisms for differentiating the elements of these offenses are characterized. Special attention is given to examining the effectiveness of administrative sanctions for inducing minors to alcoholic intoxication, their preventive impact, and their correspondence to the public danger of the act. The article discusses the adequacy of the fines established by Article 180 of the CUAO, taking into account the potential consequences for children’s health and social development. The authors substantiate the necessity of improving administrative legislation by strengthening sanctions, introducing additional penalties (in particular, community service), and expanding the circle of entities who may be held liable. Proposed directions for harmonizing national legislation with international standards for the protection of children’s rights include alignment with the provisions of the UN Convention on the Rights of the Child and European approaches to combatting the involvement of minors in alcohol abuse. Key trends in the development of administrative and legal mechanisms in the field of child protection and their role in creating a safe legal environment for minors are summarized.