Determining general and specific subject matters of proving in cases on establishing child’s place of residence

Abstract

The scientific article is focused on studying the topical issue of determining the general and specific subject matters of proving in cases on establishing child’s place of residence. It has been noted that the number of family disputes on establishing children’s place of residence has increased due to the ongoing armed aggression of the Russian Federation against Ukraine. The author of the article has proved that the correct definition of the subject matter of proving in cases on establishing child’s place of residence has important practical and theoretical significance. The author of the work supports the position of scholars (Ya. M. Sadykov and others) regarding the possibility of distinguishing the general subject matter of proving within a specific category of civil cases and the specific subject matter of proving depending on the circumstances of a certain civil case. Determining the general subject matter of proving in cases on establishing child’s place of residence it is necessary to ensure the best interests of a child (preamble to the Law of Ukraine “On the Protection of Childhood”). The author of the article has supported the conclusion (V.O. Kucher) about the possibility of distinguishing the following general subject matter of proving in cases on establishing child’s place of residence: the circumstances characterizing the parties in the case (personal and moral characteristics of a mother and a father, availability of permanent income, proper living conditions, etc.). Characteristics that can negatively affect the upbringing of a child, as well as establishment of his / her place of residence, can be: abuse of alcoholic beverages, narcotic substances, being under dispensary supervision, being brought to criminal or administrative liability, immoral behavior, bad habits; relations between parents and a child (fulfilment by parents of duties defined by law; mutual understanding between each parent and a child; the possibility of creating proper and safe conditions for a child’s life, upbringing, development and education); circumstances related to a child (age of a child, his / her health status, special needs of a child, consent of a child to live with one of the parents, personal loyalty of a child to each of the parents); other circumstances that are important for the case. The author of the work has concluded that the specific subject matter of proving depends on the circumstances of a certain civil case.