PATRONAGE OF THE CHILDREN AS A FORM OF PLACEMENT OF ORPHANS AND CHILDREN DEPRIVED OF PARENTAL CARE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The problems of legal regulation of Patronage Contract in family law of Ukraine are researched. Special purpose of patronage of the children in issues of implementation by regulatory tutor these objectives with raising a child is outlined. A historical analysis of patronage institution in Ukrainian society in XVIII century A. C. was worked out. It shows some common features of legal regulation of Patronage Institution at the last historical period and at the moment in Ukraine. The article also includes several issues of analysis of experience of some foreign states, for instance, Republic of Belarus and Russia. At all, the article is devoted to resolving such problems of legal regulation of patronage, as: doctrinally still no unanimous opinion on the place of the existing patronage of children in the legal system; not disclosed the specific elements that make up the legal status of participants in legal patronage of children; not analyzed institutions related with the patronage of children; were not the subject of study reporting problems patronage tutors; not offered evidence-based recommendations on optimization of legal regulation of foster individual choice educator. Sharp is also the matter of determining the legal nature of the Patronage Contract. For a long time in legal science was suggested whereby the Patronage Contract by nature not a civil law contract and it can not apply conditions of obligations. And also raise questions about the possibility of attracting foreigners to foster care.
Authors and Affiliations
У. В. Кмецінська
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