PROBLEMS OF COURT CONSIDERATION OF CASES OF DEPRIVATION OF PARENTAL RIGHTS

Abstract

The articles define and analyze the international and national legal regulations that should be applied by the courts of Ukraine in resolving disputes involving the involvement of family legal relations on the invitation of parental rights. It is proposed to define the deprivation of parental rights as an institution of family law, which provides for judicial protection of the rights and interests of the child and the degree of family liability of parents (amplifiers) who do not participate in all individual parental communities imposed by the Family Code and other legislation in the form of exceptional comprehensive measures to influence the perpetrators. The grounds for deprivation of parental rights, which are presented in Part 1 of Art. 164 of the Criminal Code of Ukraine, and it is stated that this list is exhaustive, he wants to use evaluative concepts – “important reasons”, “evade”, “cruel”, which must be assessed by the court. However, no other circumstances, such as immoral behavior of the mother or father, or abuse of rights, or others, can lead to deprivation of parental rights. One of the proposed grounds is enough to welcome parental rights, wanting the practical possibilities of combining several grounds. If prior notification of parental rights is proposed on several grounds, they should be reviewed and substantiated in the decision of each of them. Assessment that currently there are no available textbooks for the allocation of family liability as an independent type of legal liability, in fact, there are no legal sanctions that are not protected from administrative, criminal, civil liability. Therefore, parents in the release of their parental rights are administrative, criminal, civil liability. It is proposed to supplement the Central Committee of Ukraine with Article 1183-1 in the wording that provides for the cooperation of parents to reimburse the school, to provide for the child, because they were invited by parental law, when their actions were expressed in use of their child-rearing needs, a child, in work with children, forced to beg and wander, when convicted of a general criminal offense against a child, as well as in other cases where schools have been established.