The dissertation works scientifically substantiated theoretical provisions and practical offers, as well as developed recommendations concerning ways of improvement of mechanisms of the state regulation of development of the institute of adoption in Ukraine.
The periodization of the formation and development of the institution of adoption was considered in the research. The concept of state regulation of the institution of adoption was revealed. It was proved that the goal of state regulation of the institution of adoption is to protect the life, health, and interests of the adopted child, to create appropriate living conditions, education, social security, as well as residence in the adoptive family as a son or daughter.
The essence and structure of state regulation mechanisms on the development of institutes of adoption were defined. It was determined that the state regulation mechanisms of the institution of adoption are a system of interconnected and interdependent elements that clearly function in the social sphere performing and ensuring tasks carried out by public administration to achieve the goal of state regulation of adoption of orphans, their upbringing in the family, compliance with the adoption procedure and the privacy of adoption, as well as the provision of psychological support for such families. The normative-legal, organizational-functional, socio-psychological, financial-economic, and information elements of the integrated mechanism of state regulation of the development of the institution of adoption were singled out. At the same time, it was substantiated that these elements can be considered as separate (autonomous) mechanisms of state regulation of the development of the institution of adoption. The author of the dissertation uses both of these approaches in appropriate cases.
Subjects of state regulation of the institution of adoption and their functions were systematized. It was argued that the interaction of public administration authorities in the sphere of state regulation of the adoption institution is a coordinated relationship of tasks that arise to ensure the adoption procedure by these authorities, are mandatory, characterized by joint actions of relevant authorities, and provide responsibility for non-compliance according to current legislation.
Forms of realization of interaction of public administration authorities in the sphere of state regulation of the institute were singled out. The basic principles of international adoption were revealed. Problematic issues in the sphere of adoption by foreigners were identified. Differences between Ukrainian and international legislation were analyzed. The main problems of realization of tasks in the sphere of state regulation of the institution of adoption were revealed.
The improvement of legal aspects of state regulation of the institution of adoption was proposed. The expediency of making certain changes and additions to the national legislation on the basis of the research of the sphere of adoption was proved. In particular, part one of Article 207 of the Family Code of Ukraine state it as follows: “an adoption is a priority form of placement in the family of a child whose parents died or are unknown, or a child whose parents were deprived of parental rights, and in exceptional cases, an adult who does not have a mother, father or has been deprived of their care like a daughter or son, carried out solely on the basis of a court decision, for the purpose of their proper upbringing, the possibility of receiving a decent education, social protection, etc., between adopters and adopted children develop legal relations between parents and children”.
The necessity of making changes to the Family Code of Ukraine and the Civil Procedure Code of Ukraine was substantiated. The expediency of drafting and adopting the draft Law “On State Regulation of Adoption Institutions in Ukraine” and establishing a coordinating advisory authority under the Cabinet of Ministers of Ukraine to ensure the implementation of tasks and functions to respect the rights, freedoms, and interests of orphans and children deprived of parental care and respect for the rights of potential adopters were proved.
It was revealed that the activity of the State Department for Adoption and Protection of Children’s Rights is not regulated by any legal act, therefore it was proposed to approve the Decree of the Cabinet of Ministers of Ukraine “Regulations on the State Department for Adoption and Protection of Children’s Rights”.
The need to take a number of measures to improve the quality of work of guardianship and custody and services for children in the sphere of preventing and combating domestic violence was argued.
Keywords: public administration; public policy; the institution of adoption; state regulation of the institution of adoption; international adoption; State regulation mechanisms on development of the institution of adoption.
