НАЦІОНАЛЬНЕ ТА МІЖДЕРЖАВНЕ УСИНОВЛЕННЯ (УДОЧЕРІННЯ):РЕГЛАМЕНТАЦІЯ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

Background. The article is devoted to the consideration of the peculiarities of the legislative regulation of adoption (adoption) relations in the conditions of martial law in Ukraine, the characteristics of the conditions and restrictions on the adoption of children, including those who are outside Ukraine by both citizens of Ukraine and foreigners, to the study of the normative principles of adoption in Ukraine and the practice of applying this institute in the conditions of martial law, formulating conclusions and proposals for improving the national system of legal regulation of relations on adoption, protection of the rights and interests of children. Methods. In the process of researching the regulatory regulation of adoption relations under martial law, generally philosophical and specifically legal methods of researching social regularities, legal phenomena, and legal categories were used. Results. The article notes that currently the adoption procedure in Ukraine, as a whole, remains unchanged. At the same time, in the current difficult conditions, the state has simplified record-keeping, as well as increased the level of information support for the adoption process. The article emphasizes that in the conditions of martial law it is impossible to ensure a high-quality verification of the documents of foreign citizens who have expressed a desire to adopt a child, therefore, since the introduction of martial law in Ukraine, activities on interstate adoption have been suspended. The adoption situation remained uncertain until June 1, 2023, when the procedure for adopting children residing outside of Ukraine by citizens of Ukraine was regulated for the first time. At the same time, a general ban was established on the adoption of children by citizens of Ukraine who temporarily or permanently live (stay) outside of Ukraine, and by foreigners. Conclusions. When relating to foreigners, the establishment of such restrictions is completely natural and reflects the national orientation of the social policy of the state, which is interested in raising children, first of all, citizens of Ukraine, then the establishment of such restrictions for citizens of Ukraine who are abroad is hardly justified, taking into account non-discriminatory principles regulation of social relations in a legal and democratic state, and can be explained only by certain difficulties in carrying out the adoption procedure itself.