ENSURING THE INTERESTS OF CHILDREN IN CASES OF DEPRIVATION OF PARENTAL RIGHTS

УДК 347.634/.637 PDF

DOI 10.37566/2707-6849-2021-1(34)-9

Vasyl DATSENKO,

Judge, the Lubny City District court of Poltava region,coach, the National School of Judges of Ukraine,Doctor of Law

ENSURING THE INTERESTS OF CHILDREN IN CASES OF DEPRIVATION OF PARENTAL RIGHTS

Proper child-rearing of children is the main moral and legal obligation for both parents. In addition, the way parents fulfill their relationships fully requires the constant development of the child, according to her formation and becoming as a person.

Unfortunately, not all parents fully communicate their responsibility for the development of the child, the formation of his personality, the importance of their upbringing for a better future of a child.

In those times when parents misuse their shared ties, family law measures may be applied to them when the parental rights greeting appears.

According to most of the scientists, in this category of reference, welcoming parental rights, is carried out by the court to ensure the interests of the child.Meanwhile, deprivation of parental rights is also a type of family legal responsibility, the main service of which is the search for parents.

However, such an approach to amending the institution inviting parental rights into the means of family legal responsibility, highlighting the punitive function of this event, attempts to assign this procedure to the function, the nature of legal liability (fine, educational, preventive), an unjustified conclusion about public employees, the state, society and parents, and this reason distracts from the main participant in this procedure - the child.

When considering the issues of the proclamation of parental rights, the main issue for the court should be the proportionality of the interference with the child's right to a family environment to the level of threat of the child's right to formation, protection, health and education. In their quick reference about the appropriateness of punishing the father, the court cannot be judged, so they cannot be present on the child in any way.

It also appears logical that in such cases the court cannot at all achieve the goal of punishing the father and simultaneuoslyensuring the best interests of the child. Pursuit of the goal of punishing the father ambiguously intersects with the interests of the child and negatively affects them.

Future research should move away from the concept of deprivation of parental rights as a form of family responsibility because in this case the purpose of punishing the father is provided costing the interests of the child.

Keywords: best interests of the child, family law relations, legal responsibility, deprivation of parental rights, family law responsibility.

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