THE PATRONAGE OVER CHILDREN: STATEMENT OF THE PROBLEM
Journal Title: Правова держава - Year 2017, Vol 28, Issue
Abstract
In the article the results of the research of the legal regulation of the patronage over children are stated. The legislative concept of patronage is the key point in the relations of patronage and all other norms on patronage which are tied to it. However its definition causes many remarks. The author critically treats the innovations of the Ukrainian Family Code, accepted in 2016, concerning settlement of the patronage relations. In particular, the norms concerning the purpose, terms, the patronage establishment bases cause many remarks. There are given the arguments about that the offered edition of Chapter 20 of the Ukrainian Family Code about patronage considerably narrows a circle of potential foster parents, contains the ambiguous bases for establishment and cancellation of patronage, etc. All these contradictions will inevitably lead in practice to disputes over the settlement, maintenance and education of children, to abuses of tutorship and guardianship agencies and foster parents. Analyzing the concept “patronage”, the author comes to a conclusion that its contents consists of many other concepts which are characterized by plurality of definitions in various laws, breaks the principle of unity of juridical terminology. The distinctions observed in the definition of the concepts “the child who is in difficult life circumstances”, “children who appeared in difficult life circumstances”, “difficult life circumstances” it is groundless give them different legal sense that attracts various consequence in law as for the children deprived of parental care and for parents of such children.
Authors and Affiliations
L. M. Tokarchuk
Keywords
Related Articles
- EP ID EP344388
- DOI -
- Views 91
- Downloads 0
CRIMINAL LIABILITY FOR PARTICIPATING IN A FIGHT: FOREIGN EXPERIENCE OF CONTINENTAL COUNTRIES
The article investigates the norms of criminal liability for participating in a fight in the legislation of continental countries. The author conducted a comparative legal analysis of the existence of similar norms in th...
CURRENT STATUS OF RESEARCH MIGRATION REGIME IN THE DOCTRINES OF ADMINISTRATIVE LAW
The article reveals the history of scientific thought on the migration regime in Ukraine as a form of administrative and legal regimes, analyze different scientific approaches to determining the legal and administrative...
DESCRIPTION OF SIGNIFICANT CONSTITUTIONAL AND LEGAL STATUS OF FOREIGNERS IN UKRAINE
In science of constitutional law the researches in the field of the legal status of the individual, and legal status of foreigners in particular have a special value. Due to the fact that on the one hand, a democratic le...
SUSPENSION, RENEWAL AND TERMINATION OF Commercial PROCEDURAL TERMS
The article discusses suspension, renewal and termination of progress of commercial procedural terms. The necessity of a differentiated approach to the grounds of criteria classification suspension and termination progre...
FEATURES OF THE CONVERGENCE OF CRIMINAL LAW OF UKRAINE WITH THE RULES AND POLICIES OF THE EUROPEAN UNION IN TERMS OF DEFENSE OF THE RIGHT OF THE PROPER, SAFE AND HEALTHY WORKING CONDITIONS
The article investigates the features of the process of convergence of the criminal legislation of Ukraine with the EU law and policies for the defense of the right of the proper, safe and healthy working conditions. Ana...