CONTENT, IMPLEMENTATION AND PROTECTION OF A CHILD’S RIGHT TO A NAME (ACCORDING TO LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION)

Abstract

The purpose of this article is to determine the characteristics of the content, implementation and protection of a child’s right to a name in accordance with the legislation of Ukraine and the Russian Federation. The author analyzed the relevant provisions of the current civil and family legislation of Ukraine and the Russian Federation, established the points of view of legal scholars on the issues that make up the subject of the study, made proposals to improve the legal regulation of public relations related to the implementation and protection of a child’s right to a name in Ukraine. The conclusion is justified that the child’s right to a name is an independent subjective personal non-property right, the content of which includes the right to receive a name, change (replace) the name, use and protection of the name. According to the legislation of Ukraine and the Russian Federation, the realization of these rights is possible by the holder of this right himself – the child only in cases expressly provided for by the current legislation. In other cases, these powers shall be exercised by the parents of the child (other legal representatives or authorized bodies) in the interests of the last. Attention is drawn to the fact that the law gives the child the right to submit an application to change (replace) the name only from a certain age (16 years in Ukraine, 14 years in the Russian Federation). It is proposed that the Ukrainian legislator change this approach to “linking” to the volume of civil legal capacity of minors, when with reaching the age of 14, the child is granted the right to perform legally significant actions with the consent of legal representatives.