Shevchuk L. Grounds and legal consequences of deprivation of parental rights, as integral factors of the child’s interests and rights

DOI: 10.33098/2078-6670.2023.15.27.1.223-227

Purpose. This article highlights the grounds and legal consequences of the deprivation of parental rights, which are provided for by the norms of the SC of Ukraine, and examines the legal side of these causal factors for the future life of the child. Are the legal consequences of the deprivation of parental rights really technically the levers that can minimize in the future the conflict of legal interests between the person deprived of parental rights and the child, and whether these grounds can be a guarantor of the calm and normal development of the child. Method. The scientific and theoretical material is analyzed and summarized. During the research, such methods of scientific knowledge as system-structural and comparative were observed. Results. In the course of the conducted research, the correctness of decision-making regarding the grounds and the effectiveness of the legal consequences of the deprivation of parental rights, as well as their technical application in general, were analyzed. In particular, their characteristic feature is the deprivation of those rights and duties that individuals are given when creating a family. Scientific novelty. It is probably appropriate to point out that the deprivation of parental rights is to some extent an extreme step taken in order to once again protect the child from stressful situations, from the bitterness and deplorability of an indifferent attitude to family values, and therefore this topic will probably always carry the priority of novelty. Because the legal field will not stop improving those norms and ideas regarding the proper implementation of those technically correct steps to ensure and protect the rights and interests of the child. Practical significance. Taking into account the results of research and conclusions, they can be applied or taken into account in law enforcement practice, consulting, in the field of judicial and pre-trial proceedings.

Key words: Legal grounds and consequences of deprivation of parental rights, personal non-property rights, parents, individuals.

References

1. Stepankivska STG. Grounds and consequences of deprivation of parental rights:  Avaliable at: https://stepankivska.gr.org.ua/pidstavy-ta-naslidky-pozbavlennya- batkivskyh-prav/ (in Ukrainian)
2. Family Code of Ukraine from 26.12.2002 № 407-IV.  Avaliable at: https://zakon.rada.gov.ua/laws/show/2947-14#Text (in Ukrainian)

 3. On childhood protection: Law of Ukraine № 2849-IX (2011, April 26).  Avaliable at: https://zakon.rada.gov.ua/laws/show/2402-14#Text (in Ukrainian)

4. Review of the judicial practice of the Civil Court of Cassation as part of the Supreme Court in cases of disputes regarding the deprivation / restoration of parental rights, contestation of paternity: Decisions submitted to the EDRSR for 2019 – July 2022. Avaliable at: https://ips.ligazakon.net/document/VSS00917 (in Ukrainian)

5. Resolution of the Supreme Court dated April 23, 2020 in case No. 420/1075/17 (proceedings No. 61-17053св19). Avaliable at: https://reyestr.court.gov.ua/Review/88979390 (in Ukrainian)

6. Resolution of the Supreme Court of September 29, 2021 in case No. 459/3411/18  (proceedings No. 61 10531св21). Avaliable at: https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/sudpract/Oglyad_KCS_batkivstvo.pdf (in Ukrainian)