ПРОЦЕСУАЛЬНІ ПРАВА ДИТИНИ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ В КОНТЕКСТІ ЗАБЕЗПЕЧЕННЯ ПРИНЦИПУ НАЙКРАЩИХ ІНТЕРЕСІВ ДИТИНИ

Abstract

The article considers the concept of "best interests of the child" and the problems of its implementation in the current legislation of Ukraine. The current legislation of Ukraine is analysed concerning the adequacy of the existing procedural rights of the child in civil proceedings to provide a minor and a minor child the opportunity to express their own views. It is noted about the gradual changes in the minds of persons responsible for the current legislation to ensure the procedural rights of the child in civil proceedings. The urgency of this issue is quite significant, given that most family disputes are either directly related to the protection and recognition of the rights and interests and needs of the child or affect them. The article pays attention to the definition of possible ways to ensure the procedural rights of minors and juveniles in court proceedings related to the protection of existing or restoration of violated rights and interests of the child. The opportunity for the child to use legal aid, including free of charge is reviewed. It is noted that it is necessary to determine at the legislative level the possibility of involving relevant specialists who, due to their professional activities, have experience working with children and are able to take into account the individual needs of the child according to their age, sex, health, life experience, developmental characteristics providing the court with the opportunity to obtain an objective opinion of the child. The conclusion of this article expresses the need to ensure the "best interests of the child" in the context of the child's ability to exercise their procedural rights at the same level as adults in accordance with the basic principles (principles) of civil proceedings.