Наукові видання

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Перегляд Наукові видання за Автор "Havrik R."

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    Документ
    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
    (Baltic Journal of Legal and Social Sciences, 2024) Havrik R.
    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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    Документ
    Granting the right to marry a minor as a way of judicial protection of family rights and interests
    (Visegrad Journal on Human Rights, 2023) Havrik R.
    The scientific article investigates the nature of granting the right to marry as a way of judicial protection of family rights and interests. The methodological basis of the research is a combination of qualitative research methods, literature review and analysis of relevant legal acts. To achieve the goal of the article, the author used the following methods: (1) literature review; (2) analysis of normative legal acts; (3) qualitative research methods and (4) comparative analysis. The scientific article defines the essence and legal nature of granting the right to marry a minor as a way of protecting family rights and interests, considering the existing judicial practice. The scientific article shows that granting a minor the right to marry by the court is by its nature a changed family relationship, there is a partial change in two family relationships – between parents and the child who applied for the right to marry, as well as between the child and others. a person who wishes to marry a minor. As a result of the court’s decision to grant the right to marry, the legal status of a minor who receives the right to marry changes, this person actually loses the status of a child in the necessary legal relationship, wants and keeps it where it is necessary to ensure his best interests. Granting a minor the right to marry, on the one hand, is aimed at eliminating obstacles to the state registration of marriage by a person who has not reached the age of marriage and the emergence of a complex of personal non-property and property rights of spouses in this particular case; on the other hand – to protect her rights and interests as a child, after that this is the reason for the court’s decision to grant the right to marry a minor as an exception to the rules on the marriage of an adult. Granting the right to marry to a minor can be aimed at protecting not only the rights and interests of the applicant, but also the protection of the rights of the applicant’s unborn child who is pregnant, the interests of another participant in the process who wishes to marry the person requesting the right to marry