Вісник Харківського національного університету внутрішніх справ (Jun 2020)
Realization by the Children's Parents of Their Right to Freedom of Movement
Abstract
The subject matter of the work is the current legislation of Ukraine on the right to freedom of movement and the practice of its application. At present, the mechanism for parents to exercise their child’s right to freedom of movement is primarily designed to ensure the right of parents and children to communicate freely with each other. However, it somewhat restricts the child’s right to freedom of movement. Judicial practice demonstrates that cases of granting permission for temporary departure of a child abroad without the consent of the father (mother) and cases of returning the child to permanent residence in Ukraine are often decided by courts without taking into account the interests of the child. The purpose of the research is to analyze the current legislation of Ukraine, which establishes the mechanism for exercising the child’s right to freedom of movement by his parents and the practice of its application. The author of the article for the first time has studied and analyzed the main aspects of the mechanism of exercising the child’s right to freedom of movement. Based on a consistent analysis, the author has elaborated recommendations to eliminate differences in the current regulatory acts, the norms of which establish the mechanism for exercising the child’s right to freedom of movement, in order to avoid unjustified restrictions on this right. The example of the child’s right to freedom of movement can assist in tracing the organic interaction between public and private law mechanisms for regulating the exercise of this right. The sphere of public law establishes the general content of this right and the basic conditions of its exercise. Private law establishes certain mechanisms for exercising this right and ensures its protection. It has been concluded that public authorities while exercising the right of a child to freedom of movement by parents, are largely based on the principle of equal rights and responsibilities of parents in the upbringing children, while the best interests of the child should be given priority. Besides, certain requirements of the Family Code of Ukraine create additional bureaucratic obstacles and restrict the child’s right to freedom of movement. It is important to find a balance between the interests of the child, his parents and public order, as well as the time factor that can both positively and negatively affect the child’s relationship with a parent who does not live with the child. An urgent issue for Ukraine is the development of an effective mechanism for implementing decisions on the return of a child to his / her place of permanent residence.
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