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
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