Conceptual issues of the protection of family rights and legal interests in the context of appeal of decisions, actions or inactions of authorities that violate the rights and legal interests of the participants of family relations

Abstract

The scientific article examines the peculiarities of judicial protection of family rights and interests in the context of challenging decisions, actions or inactions of subjects of authority that violate the rights and legitimate interests of participants in family relations. In particular, the author notes in the article that the main bodies authorized to make decisions regarding participants in family relationships are, in particular, guardianship and guardianship bodies (authorized to make binding decisions or to give consent for certain actions by participants in family relationships), the prosecutor (who has the right to take a decision on the immediate removal of a child), the body of state registration of civil status acts (which is authorized to carry out state registration of marriage, annulment of the act record of invalid marriage or act record of dissolution of marriage, dissolution of marriage, state registration of the birth of a child, making changes to the act record of the birth of a child or renewal of this act record), public or private executor in legal relations regarding the execution of court decisions adopted in family cases (including regarding the payment of child support). On the basis of the conducted scientific research, the author came to the conclusion that the decisions of guardianship and guardianship bodies adopted in accordance with Art. 19 of the Family Code of Ukraine, cannot be appealed in the order of administrative proceedings, since in this legal relationship the guardianship body does not act as a subject of authority; family legislation provides that the form of actual appeal of the decision of the guardianship and guardianship body is to appeal to the court with a claim containing the same claim with which the appeal to the guardianship and guardianship body took place. There is no practical sense in filing an administrative lawsuit to cancel the decision of the guardianship and care authority or the prosecutor regarding the immediate removal of the child, because in this case the immediate removal of the child is a temporary measure that takes place until the final decision on the removal of the child (or on the deprivation of parental rights) is made by the court in the case, at the request of the same body, which is obliged to submit it; the interested person can file the same claim. As for another form of activity of guardianship and guardianship bodies - to give consent for certain actions by participants in family relations, then such consent can become the subject of an appeal in the order of administrative proceedings, since in such a case the guardianship and guardianship body acts precisely as a subject of authority, further realization of the property right is impossible without the adoption of a corresponding decision by the body of guardianship and guardianship.