EXAMPLE ASPECTS OF THE APPLICATION OF THE METHODS OF PROTECTION OF THE CHILD'S FAMILY RIGHTS AND INTERESTS BY ITS PARENTS (LEGAL REPRESENTATIVES) IN THE CONDITIONS OF THE LEGAL REGIME OF MARTIAL STATE

Анотація

Abstract. In the scientific article, a study of applied aspects of the application of methods of protection of family rights and interests of the child in the conditions of the legal regime of martial law was carried out. In particular, the article notes that the primary assignment of the responsibilities of the legal representative of a child in an educational, social or medical institution to the head of this institution in terms of temporary removal (evacuation) of the child to safe regions or abroad was not always appropriate, given the fact that the head of the institution could evacuate on his own (due to which the relevant institution was not able to evacuate the children due to the absence of the head, or assign the relevant duties to another person). This shortcoming was eliminated after the approval of a new procedure for the temporary movement (evacuation) of children in June 2023. Also, the simplification of the procedure for the child's departure abroad unaccompanied by parents has led to the risks of the child's relatives abusing their rights and taking the child abroad without agreeing this removal with the child's parents and the intention to return the child to the state of his/her citizenship; we can recognize as a problem the inconsistency of the provisions of the Rules for crossing the state border by citizens of Ukraine and Art. 157 of the Family Code of Ukraine – the latter stipulates the need to obtain consent for the transfer of a child of any age abroad (and not one who has not reached the age of 16), besides this, it does not contain the possibility of transfer of the child by other persons; abolition of the need for notarized parental consent for a child to travel abroad unaccompanied or accompanied by one of the parents is available at the level of a subordinate legal act, but the corresponding consent is required in accordance with the Family Code of Ukraine. According to the author, the provisions of Art. 157 of the Family Code of Ukraine and clauses 2–3 of the Rules for Crossing the State Border by Citizens of Ukraine, however, it should be clarified in both cases that the simplified procedure for taking a child abroad applies only during the legal regime of martial law.

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