Особливості судового рішення у справах за участі дітей

Abstract

The article is devoted to the development of approaches to the consideration of court cases with the participation of children, one of which may be the introduction of special requirements for a court decision that concerns a child, which will help to take into account the child’s best interests and, as a result, contribute to the effective protection of the child’s rights. It is emphasized that international standards in the field of child-friendly justice establish approaches that guide individual states to treat court proceedings with the participation of children in a special way, which affects the presentation and justification of the corresponding court decision. It is summarized that the practice of proceedings in international courts and UN treaty bodies demonstrates that the lack of appropriate motivation for the decision of the national court, which would reflect how the best interests of the child, his/her opinion, etc. are taken into account, may constitute an unjustified interference in the rights of the child by the state. It is concluded that some countries have special legislation that obliges courts to reflect in court decisions how the best interests of the child are taken into account. The analysis of decisions of national courts shows that court decisions in cases with the participation of children, regardless of the type of judicial proceedings, are different from court decisions in cases with the participation of adults, and reflect specific elements that are important for the proper realization of children’s rights. The position was expressed that in the corresponding court decision it is necessary to reflect how the best interests of the child were taken into account, which elements, depending on the specifics of the dispute, were taken to determine their content. A mandatory element is to reflect how the child’s right to express his/her opinion was ensured and to what extent it was taken into account. Depending on the type of proceedings and the child’s status in it, the child’s level of development, socio-psychological features of the child, the conditions of the child’s living and education, security, family situations and relationships with adults, etc., must be established.

Keywords

• children’s rights
• child-friendly justice
• the principle of the best interests of the child
• trial
• court decision