Qualifying scientific work consists of three chapters, divided into nine sections, in which the consideration of issues begins with clarifying the types and characteristics of the exercise of parental rights and ends with an analysis of the application of the legal consequences of abuse of such rights in practice.
In the first chapter, «The concept and legal nature of parental rights», the author's definition of the concept of parental rights and their classification is proposed, with the separation of the personal non-property and property rights of parents, procedural parental rights, parental rights arising from the separation of one of the parents, which helps to clarify their legal nature and content.
It has been established that parental legal relationships are complex in their content and include: relationships in the material content of children; relationships related to the upbringing and education of children; as well as other relationships arising from the implementation of personal non-property and property rights and responsibilities of parents and children.
It has been substantiated that the system of principles for the exercise of parental rights, serving as a criterion for the proper implementation of parental rights and responsibilities, should include: the principle of unity of parental rights and responsibilities; the principle of equality of parents in the exercise of their rights; the principle of the best interests of the child; the principle of non-abuse of parental rights; the principle of priority parenting of their child.
It is established that juvenile parents are endowed with a special legal status.
In the second chapter, «General theoretical provisions on abuse of parental rights», on the basis of the characteristics of the institution of abuse of parental rights, its concept is produced and its features are defined.
The necessity of determining and normative fixing of the limits of the exercise of parental rights has been substantiated.
The legal significance of the limits of the exercise of parental rights is: a) in the preventive influence on the holder of subjective parental rights; b) that non-compliance with the relevant limits of the exercise of parental rights means the illegality of the behaviour of the holder of subjective rights in the area of parental relations.
Identified the features of abuse of parental rights, namely: a) the abuser having the relevant subjective parental rights as a means of abuse; b) intentionally or negligently by parents or persons replacing them, active actions or omissions that violate the rights and interests of the child and (or) the other parent; c) violation by parents or persons replacing them of the limits of exercising parental rights; d) temporal limitation of abuse of parental rights, which cannot take place after the termination of parental rights as a means of abuse.
Improved the definition of the interests of the child, which should be understood as personal intangible and property needs of children in the comprehensive development of their personality, education of their moral qualities, respect for their individuality and human qualities, proper material support and spiritual development, which (needs) are reflected in rights, enshrined in current legislation.
The expediency of distinguishing between the concepts of «form of abuse of parental rights» and «type of abuse of parental rights» is substantiated.
It is concluded that abuse of parental rights is expressed in two main forms, namely: in the commission of actions and inaction.
The third chapter, «Legal consequences of abuse of parental rights», focuses on the peculiarities of bringing parents to justice for abuse of parental rights, the application of such legal consequences as deprivation of parental rights and analysis of legal positions in cases of abuse of parental rights produced by judicial practice.
It has been established that the basis for bringing parents to responsibility and applying sanctions to them is the parent's committing an offense or illegal act against a child in the understanding of the Family Code of Ukraine.
It has been established that the temporal limit in the formulation «immediate removal» of a child from parents is not clearly defined, because a seven-day period after the decision on the immediate removal of the child from the parents is given, to go to court with a claim to deprive parents or one of them of parental rights or to take away a child from a mother, a father without deprivation of their parental rights, is too long.
In the chapter it is stated that the judicial practice in cases of abuse of parental rights is very diverse, not systematized, with a certain lack of appropriate generalizations, which leads to significant difficulties in considering the relevant categories of cases, including the unequal application by courts of the norms regulating the relationship of abuse of parental rights.
