Features of application of methods of protection of family rights and interests by guardianship and care bodies: the question of content

Abstract

In the scientific article, the author conducted a scientific study of the peculiarities of the application of methods of protection of family rights and interests by the guardianship and guardianship authorities, and determined an exhaustive list of the methods of protection used by these authorities. On the basis of the conducted research, the author came to the conclusion that there are two forms of protection of family rights and interests of parents and children by guardianship authorities: direct participation in the protection of family rights and interests, when the guardianship authority independently applies appropriate methods of protection, and indirect, when the authority guardianship and guardianship is involved in the resolution of a family dispute regarding the upbringing and maintenance of a child, but does not apply appropriate protection methods on its own. The guardianship body applies the following methods of protecting family rights and interests: establishing a family legal relationship, changing it, granting the right to exercise separate rights and duties as parents or legal representatives of a child, preventing actions that violate family rights. The last two methods are special and belong only to guardianship and guardianship bodies. Granting the right to exercise separate rights and obligations as parents or legal representatives of the child as a method of protection is applied by the guardianship authority by granting permission to commit acts regarding the child's immovable property, other acts regarding the property, the owner (co-owner) and/or user of which the child is , to conclude an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of immovable property or on the alienation of property received under this agreement, granting legal capacity to perform other powers to perform acts regarding the child's property or his civil obligations or alimony obligations of parents. Prevention of actions that violate family rights as a means of protection is carried out by conducting control and supervision measures on the targeted spending of alimony on a child, on the conditions of maintenance, upbringing, education of a child under guardianship or guardianship, on compliance with the rights of an adopted child, etc.