Providing child’s best interests at the review of cases on adoption by the court

Abstract

The article is devoted to the study of the concept interests of the and their providing in the court proceedings on adoption. Analyzes the international and national documents in the field of adoption in terms of the normative consolidation this concept. It is noted that the highest priority is given to the best interests of the child, established in Art. 3 of the Convention on the Rights of the Child. This is an included principle underlying the implementation of all rights enshrined in the Convention. Thus, in the recommendations of the Committee of Ministers of the Council of Europe, guaranteeing the best interests of the child is considered by the court as a guideline for the all actions concerning children and adoption also. Methodological basis for this study is a set of scientific methods, among which the main are the methods of system and comparative legal analysis, logical comparison, and matching. Due to the absence of a complete content of interests of the in the national legislation, examples of the definition this principle by the domestic scientists are given. The author makes a scientific supposition about the legal nature of interests of the in the civil process. The national judicial practice of application and interpretation of the principle of interests of the in the case of adoption cases is analyzed. The result of the study is the discovery of disagreements in the terminology of the national legal framework, and therefore the author concludes that there is a need to make appropriate modifications in order to formulate a uniform judicial practice and further scientific research of the interests of the at the review of cases on adoption by the court.