The dissertation is the first in the domestic science of comprehensive study of the legal problems of the arrangement for orphans and children deprived of parental care, as the implementation of the principle of State family’s protection.
Every child deserves a happy childhood in all its manifestations, the environment with the love and care of the family, the protection of the state, society and community, the opportunity to grow and fully develop. In Ukraine, the vector of State social policy on children and society’s perception of ways and means of protecting orphans and children deprived of parental care has changed over the last thirty years. The approval by order of the Cabinet of Ministers of Ukraine dated 09.08.2017 No. 526-r of the National Strategy for the Reform of the System of Institutional Care and Upbringing of Children for 2017–2026 and the action plan for the implementation of its first stage updated the issue of using family forms of arrangement for orphans and children deprived of parental care.
In the process of the research, the author developed and substantiated the concept of polysystem care for orphans and children deprived of parental care, as the State activity, civil society (non-State and commercial institutions), individuals to protect and defend the rights and interests of children, to promote their well-being, and to realize their life and creative potential, based on the norms of international and national law. The basic principles of the concept are defined, the range of issues that should become strategic directions for improving legislation, as well as the main directions for implementing state policy are outlined.
The main conclusions and offers of the work are: concerning definition of a concept “a form of arrangement for orphans and children deprived of parental care”, “adoption”, “custody and guardianship” and their contents; conclusions regarding the legal nature of the patronage and the place of the rules on patronage in the legislation; concerning the provision of the best interests of the child when considering the possibility of communication between former wards and foster parents; the preservation of residential institutions; regarding the rationalization of adoption procedures in foreign diplomatic institutions of Ukraine, etc.
The definition of adoption as a form of arrangement for orphans and children deprived of parental care has been formulated. Adoption is the acceptance by the adoptive parent (s) of a child into their family and is carried out by a court decision, resulting in rights and obligations similar to those between parents and children and their relatives, on the one hand, and between the adoptive parent and descendants.
It is proposed to understand guardianship (custody) as a form of arranging for orphan or child deprived of parental care into a family in order to ensure and protect his personal non-property and property rights and interests.
It is proved that relationships are often formed between foster parents, foster parents and wards, which in fact can be considered family, and not simply to provide services for the maintenance and upbringing of the child. In the case of such relations, their participants have the right to communicate, meet even after the termination of the support agreement. In the event of a dispute about the right of communication between foster parents, foster parents and biological parents of former wards, the court should be based on the principles of the best interests of the child, as well as take into account the interests of actual educators and parents.
On the basis of a systematic analysis of the norms of the current legislation on patronage, it is concluded that patronage is not a form of arrangement for orphans and children deprived of parental care, but has signs of social service. Contradictions in the rules governing the relationship of the patronage make their understanding unfaithful, lead to disputes and abuse of orphans and children deprived of parental care. Given the purpose of establishing patronage, taking into account the ambiguity of the term “patronage” in the legislation, as well as the fact that the Family Code of Ukraine regulates family relations, and not social security relations, the provisions of chapter 20 of section IV should be revised, its norms should receive clear forms on the purpose, grounds and rules for establishing patronage over children.
There is justified the proposition to accede immediately to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of May, 29, 1993 and to reform in this regard the legislation, which regulates the adoption relationship.
There are formulated the proposals to improve the norms of the Family Code of Ukraine, other legal acts, that regulate relations on protection of the rights and interests of children, the arrangement for orphans and children deprived of parental care.
