Judicial Review of Decisions, Actions, and Inactions of Guardianship and Trusteeship Authorities Related to the Protection of Children's Rights

Abstract

The article examines the peculiarities of judicial appeal against decisions, actions, and inactions of guardianship and trusteeship authorities related to the protection of children's rights, based on the judicial practice of courts of various instances. It is established that guardianship and trusteeship authorities perform public administration functions and ensure the realization and protection of personal non-property and property rights and interests of children, which gives rise to the need for judicial review of their decisions, actions, and inactions.

Based on the analysis of specific court cases, it is established that decisions of guardianship and trusteeship authorities may be subject to judicial appeal, in particular, when they are adopted in the course of resolving disputes between parents concerning participation in the upbringing of a child and determination of the child's place of residence, that is, in cases where the guardianship and trusteeship authority is empowered by law to resolve the relevant dispute on its merits as an alternative to judicial proceedings.

The analysis of judicial practice makes it possible to conclude that judicial appeal against decisions, actions, and inactions of guardianship and trusteeship authorities constitutes an important guarantee for the protection of the rights and legitimate interests of children, their parents, and other interested persons. At the same time, the determining factor in bringing a claim is the proper establishment of the jurisdiction of the dispute, taking into account the nature of the disputed legal relationship, the substance of the claims, the legal nature of the contested decision, action, or inaction, and the status and powers of the defendant.

Particular attention is paid to the determination of proper jurisdiction in disputes concerning the appeal of decisions, actions, and inactions of guardianship and trusteeship authorities. It is substantiated that the determining factor in establishing jurisdiction is not the status of the authority as a public authority, but the nature of the disputed legal relationship. Where a decision is directly related to the exercise or protection of family or personal non-property rights, the dispute is subject to consideration under civil proceedings. In contrast, failure by a guardianship and trusteeship authority to comply with its statutory obligation to adopt a decision or perform a public administrative function constitutes grounds for consideration of the dispute under administrative proceedings.