The dissertation is the first in the Ukrainian science of civil procedural law, a special comprehensive study of the theoretical and practical problems of protecting family rights and the interests of the child in civil proceedings through the prism of the principle of ensuring the best interests of the child, based on the materials of the updated civil procedural legislation of Ukraine.
The dissertation substantiates a single conceptual approach to understanding the best interests of the child in the protection of his family rights and interests in civil proceedings, which is carried out on the basis of the assessment and balancing of the components (criteria) of the best interests of the child in a specific situation, taking into account the individuality of each individual child for whom protection is carried out , and with the possible participation of the child himself to express his opinion in civil proceedings. The content of the principle of ensuring the best interests of the child is disclosed, which is understood as such an approach to legislative and law enforcement activities, according to which, when adopting new and applying current normative legal acts that regulate social relations with the participation of the child, the priority of the interests of the child over the interests of adults should be ensured by to the extent that it will contribute to the satisfaction of the child's needs, taking into account the principles of reasonableness and justice.
The author's definition of the concept of protection of the child's family rights and interests is proposed as an activity of authorized persons and jurisdictional bodies aimed at restoring violated, unrecognized, contested family rights and interests of the child or establishing undisputed subjective family rights and interests of the child, and in some cases - preventing or prevention of violation of the child's rights and interests in the future. Jurisdictional and non-jurisdictional forms of protection of family rights and interests of the child are distinguished and characterized.
It is proposed to divide cases on the protection of family rights and interests of the child, which are considered in the civil court procedure, into the following types: cases on the protection of the right to raise a child; cases on changing the legal status of the child and other participants in family relations; cases on the fulfillment of the obligation to maintain a child; cases on protection of the rights and interests of the child from domestic violence.
The legal status of each of the subjects of civil procedural legal relations in cases of protection of family rights and interests of the child has been established. The main properties of the legal status of the child in civil proceedings regarding the protection of his family rights and interests are defined and characterized.
The expediency of applying alternative territorial jurisdiction (jurisdiction) to cases on the protection of family rights and interests of the child and giving the opportunity to consider such cases also to the courts at the registered place of residence or stay of the child has been proven.
The procedural features of consideration and resolution of civil cases on protection of the rights and interests of the child in civil proceedings in the order of claim (general or simplified), injunctive and separate proceedings have been studied. Based on the analysis of doctrinal studies, legislation of Ukraine and case law materials, the concept of proof and the content of the subject of proof, which depends on the specifics of cases regarding the protection of family rights and the interests of the child, are determined.
The expediency of creating a mandatory internal specialization in family cases in civil proceedings in our country regarding the protection of the rights and interests of the child is argued, which is connected with the need to take into account the essential characteristics of the child, such as: the age of the child; psychological state of the child; child rearing conditions; areas of communication and other factors that distinguish a child from an adult.
Differences between the procedure for consideration of cases on the protection of family rights and interests of the child in the procedure of simplified legal proceedings and the procedure of consideration of such cases in the procedure of general legal proceedings have been established.
Theoretical, substantiated proposals on improving the acts of the current legislation of Ukraine regarding the protection of family rights and interests of the child in civil proceedings have been formulated.
