Constitutional principles of protection of family rights and interests of the child in civil proceedings

Liudmyla Tokarchuk,Inna Yanitska,Mykola Bodnaruk,Olga Pereverzyeva,Nataliia Volkova

doi:10.34069/ai/2022.49.01.7

Abstract

In today's society, paradigms and models of child-rearing, values, and opportunities of parents, competent authorities, and the court to ensure the rights of the child are changing. Most states have identified the protection of family rights and interests of the child, the avoidance of violence against the child, the prohibition of bullying, etc. among the priority areas of state policy. It is important to analyze the constitutional principles of protection of family rights and the concept “the best interests of the child” in civil proceedings, because it is the court that the legislator has the broadest powers in this area, compared to other jurisdictions. The work aims to study the guiding constitutional principles based on which the court can protect the family rights and interests of the child. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic, system-structural, structural-functional, historical-legal, comparative-legal, and formal-logical. As a result of the study, the mechanisms of the best possible protection of children's rights by the courts were analyzed. An analysis of current case law, including the case-law of the European Court of Human Rights, concluded that today courts and other competent bodies pay considerable attention to analyzing "how a child will be better" and make informed decisions and, if necessary, correct previous mistakes.

Highlights

In the system of legal guarantees that ensure the exercise of any rights, the main thing is the protection through which the restoration of the situation that existed before the violation, prevention, and cessation of illegal actions is achieved
Safety of family rights and legally protected interests is the most significant guarantees for the existence of these rights and interests. This is since the rights and interests in any sphere of public life are not always exercised without hindrance
Before considering the constitutional principles of safety of family rights and interests of the child in civil proceedings, let us consider the legal nature of subjective family rights and legally protected family interests as an object of protection in civil proceedings

Summary

Introduction

In the system of legal guarantees that ensure the exercise of any rights, the main thing is the protection through which the restoration of the situation that existed before the violation, prevention, and cessation of illegal actions is achieved. Safety of family rights and legally protected interests is the most significant guarantees for the existence of these rights and interests. This is since the rights and interests in any sphere of public life are not always exercised without hindrance. The protection of subjective rights is realized in the manner prescribed by law, i.e. by using the appropriate form. It is essential, in this legal procedure, to respect the best interests of the child. The legislation of Ukraine uses different names for this legal category "best interests" and "highest interests", and the courts, in turn, differently protect the rights and interests at their discretion

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Results

Conclusion