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A lawyer for a child: when it is needed and the peculiarities of the process

Цей матеріал також доступний українською

PHOTOS: BPA

In Ukraine, every child has the right to free legal aid - from consultations to representation, including in court. However, even parents are not always aware of this right and how to use it...

Lawyers from the free legal aid (FLA) system explained what legal issues children may face, how to get help from a lawyer or attorney for free, and at what age they can apply independently.

What questions do people turn to lawyers with?

In Ukraine, the rights of children and adolescents are protected at the legislative level, in particular through the rules governing criminal, civil and administrative liability. However, minors often find themselves in situations where they need not only legal assistance but also the support of a qualified lawyer. This is due to the fact that young people have limited legal capacity and do not always understand how to properly protect their interests.

Thus, in 2025, the FLA system registered about 4000 appeals from children or on behalf of children. Most of these appeals were received by specialists in Zhytomyr, Odesa, and Dnipro regions. At the same time, in about 2.8 thousand cases, free secondary legal aid (assistance with applying to the court) was provided.

According to statistics, hundreds of criminal cases involving minors are initiated in Ukraine every year. These cases can relate to both offenses and cases where adolescents themselves are victims of crime. However, most often the issues relate to family matters, such as the recovery of alimony from one of the parents, determining the child's place of residence, and deprivation of parental rights.

Criminal liability of minors

In Ukraine, criminal liability for minors begins at the age of 14 for serious crimes, and at the age of 16 for most other offenses. However, courts often apply more lenient penalties to minors, taking into account their age, psycho-emotional state and level of socialization.

One of the main problems in such cases is the risk of excessive punishment or unfair sentences that may negatively affect the future of the juvenile. The lawyer should ensure that the court takes into account all the circumstances of the case, as well as evidence that indicates a possible mitigation of the sentence, such as the absence of recidivism or positive characteristics of the minor from the place of study.

If the child is a participant in criminal proceedings: witness, victim or suspect

During interrogation or other procedural actions, minors have the right to be accompanied by a lawyer, legal representatives or parents. Failure to comply with these procedural rules can lead to psychological trauma or to the inadmissibility of evidence in court. The lawyer must ensure that during the interrogation the child or adolescent is communicated with correctly, without intimidation and manipulation, and that all actions are properly documented.

In order to obtain free legal services for a child who is a victim or witness in criminal proceedings, the child's legal representative must contact the nearest legal aid office.

And in criminal proceedings to defend a child who is a suspect in a criminal offense, a lawyer is appointed by the FLA system on the basis of a resolution or ruling from an investigator, prosecutor, investigating judge or court.

Cooperation with social services and psychologists.

Cases involving minors often require not only a legal but also a social approach. Minors may be under a lot of stress, which affects their ability to properly assess the situation and cooperate with law enforcement. In such cases, a lawyer should work closely with psychologists and social workers to ensure that all actions against a minor are taken with due regard to his or her emotional and psychological state. Such cooperation helps to avoid undue pressure from investigators and contributes to a correct assessment of the minor's behavior during the pre-trial investigation.

This allows not only to find out the truth, but also to ensure the emotional and social well-being of the juvenile during complex procedural actions. For example, psychologists should always be present during the interrogation of a minor to ensure that the questions do not create stressful situations or pressure. This ensures that the child does not become a victim of manipulation by investigators.

Rehabilitation programs and alternative punishment measures

Another interesting aspect is the criminal liability of minors and the possibility of alternative punishments.

One of the problems faced by minors is the risk of criminalization at an early stage of life. Under Ukrainian law, minors who commit a crime are not always subject to standard criminal penalties such as imprisonment. Instead of traditional punishments, rehabilitation programs, educational measures and social adaptation programs can be applied to minors.

The task of a lawyer is to prepare arguments for the court in favor of such alternatives, if they are appropriate. Minors who have embarked on the path of correction may be given a chance to avoid serious consequences and continue their education or work without a stain on their criminal history. A lawyer can argue in favor of such measures, which not only helps to avoid imprisonment but also contributes to the correction of a minor without serious consequences for his or her future life.

Legal support in civil and administrative cases

In addition to criminal cases, lawyers often help minors with civil or administrative matters. This may include, for example, protection of rights to property, inheritance, or participation in disputes related to guardianship or custody. A lawyer acts as a specialist who understands the specifics of such cases and helps the client to obtain a fair decision or protect their rights in complex legal conflicts.

When a child can act alone and when only together with parents

Children of any age can get legal advice on their own. They can use one of the remote services of the free legal aid system, for example, by calling 0 800 213 103, writing to lawyers on Telegram or Instagram, or coming to a legal aid office.

When it comes to assistance with filing a lawsuit, in most cases, legal representatives - parents, adoptive parents, or guardians - should contact a legal aid office in the interests of a child. Upon their request, a lawyer or attorney is assigned to the child to help solve the problem.

However, adolescents can address some issues on their own.

From the age of 14, they are allowed to apply on their own for

protection of their rights and interests in connection with improper performance of parental duties
deprivation of parental rights;
recognition of paternity;
cancellation of adoption or invalidation of adoption;
to minor parents - to protect the rights and interests of their child.

And from the age of 16, this list is supplemented by questions about: