The Thesis is dedicated to issues on applying the practice of the ECHR for protection of personal non-property rights of parents and children, and to working-out of scientific and theoretical suggestions for resolving of actual issues in the field of regulation of relationships related to protection of personal non-property rights of parents and children.
There is found out, personal non-property rights of natural person are an important part of her or his family-legal status. A lot of domestic and foreign scientists researched the issue of personal non-property rights from the standpoint of the possibilities of civil and legal and family-legal regulation of its’ implementation, saving and protection. Personal non-property rights of parents and children are important part of the system of personal non-property rights of natural persons. A Court practice, including the practice of European Court of Human Rights, has a significant effect on the system of regulation and implementation of personal non-property rights.
There is concluded, personal non-property rights of parents and children have universal character, and according to public and legal regulation, they are main human rights. The same goods, aimed to providing of dignified human existence, are basis of personal non-property rights of parents and children. Herewith, parents and children are complementary elements of this social relations. At the same time, consolidation of basic personal non-property rights at the legislative level does not guarantee possibility for their full and unquestionable functioning. For providing implementation these rights by a person, a state as a main guarantor has not only established the list of the rights that belong to natural person, including personal non-property rights, but also recognizes their appropriate and unobstructed using, providing sufficient and effective mechanism for their protection.
There is identified, personal non-property rights of parents and children have to be understood as subjective rights that are specific organic group (grouped around certain goods) and subject to comprehensive implementation, belong to each member (mother, father, and child (children)) of the family in the same time, and plurality of participants of the relationships has place in the process of implementation of its. The mentioned allowed to stress that legal relationships of parents and children are different with the marital relationship by subjective sign. At the same time, personal non-property rights of parents and children are naturally related to the personal non-property right for family. Legal relationship of parents and children are not related directly to presence or absence of couple status of women and men. Decisive for their emergence is a completely different legal fact, which is not the registration of marriage, but the birth of a child
