Ways of protection of interests in family law

Abstract

Purpose. The purpose of the study is ways to protect the interests of family law and the need to formulate scientifically sound recommendations for improving the current legislation of Ukraine in the field of family law interests. Methodology. The technical and legal method was used in the study of ways to protect interests in family law. Scientific novelty is that the article states that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. The article also proves that in determining the child's place of residence, the main issue is to decide what is best for the interests of the child, and not the presumption in favor of the mother. It is argued that the essence of the principle of the best interests of the child is manifested in the priority consideration of the interests of the child in the parents, legal representatives of the child, authorities, courts and other persons to meet any of its needs (depending on age, health, gender and specifics of child development). The author proves that the principle of the best interests of the child includes the principle of the welfare of the child, and this eliminates the need to distinguish them as separate legal categories. Results. The article analyzes the problems of using methods of protection of family law interests. The author proves that the interest in family law is protected in the same ways as subjective family law. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".