Experience of legal regulation of termination of parental rights under the legislation of Moldova and individual states of the European Union

Abstract

In the scientific article, a scientific study of the experience of legal regulation of the deprivation of parental rights under the legislation of Moldova and certain states of the European Union was carried out. The article states that French legislation provides for two types of actions for which a person can be deprived of parental rights - criminally punishable actions against a child and actions related to non-fulfillment or improper fulfillment of parental duties (regarding the latter, only a few manifestations of a person's behavior are highlighted, which are unconditional grounds for deprivation of parental rights), other forms of evasion of parental responsibilities towards a child lead to deprivation of parental rights only if they last for more than two years. Deprivation of parental rights can be both complete (affect all parental rights of a person) and partial (affect only certain rights or individual children of a person). German civil law defines the possibility of deprivation of parental rights, defining it as a measure of last resort, which is applied to persons who do not fulfill or improperly fulfill parental rights and duties, but do not define in detail the grounds and legal consequences of deprivation of parental rights. Deprivation of parental rights according to the legislation of the member states of the European Union, which became part of the European Union in 2004 – the Czech Republic, Slovakia, Latvia, Estonia and Poland, can be called «termination of the right of custody» (Latvia), «deprivation of the right to custody of a child» (Estonia ), «deprivation of parental responsibility» (Poland) and is used for abuse of parental rights and responsibilities, improper fulfillment of them, commission of an intentional criminal act against a child or use of a child who does not bear criminal responsibility to commit a crime, if one of the parents has committed this crime as an accomplice, committing other actions that may pose a threat to the physical, mental or moral development of the child, the behavior of a third person, and if the parents are unwilling or unable to prevent the threat. The legislation of these countries provides for the complete deprivation of parental rights (except for the legislation of Slovakia, which allows partial deprivation of parental rights). Moldovan family legislation defines a fairly detailed list of grounds for deprivation of parental rights, however, the procedural order and legal consequences of deprivation of parental rights are generally similar to Ukrainian legislation.