The dissertation is devoted to the study of the concept and legal nature of the protection of family rights and interests by the court, the features of the protection of family rights and interests in civil and administrative proceedings in Ukraine, the European Court of Human Rights, the Court of the European Union, the study of relevant foreign and historical experience.
The work developed the concept of modern understanding of the theoretical-legal and applied principles of the protection of family rights and interests by the court, identification of the main problems, as well as the formation of scientific conclusions and proposals regarding the improvement of the current family legislation in this field of research.
The scientific work analyzed the theoretical and legal problems of protecting family rights and interests by the court; the concept and legal nature of subjective family rights and family interests protected by law as an object of judicial protection are clarified; the development of the legislation that was in force on Ukrainian lands, on issues of legal regulation of the protection of family rights and interests, foreign experience in the researched field, including the practice of the European Court of Human Rights and the Court of the European Union regarding the protection of the rights and legitimate interests of participants in family relations, was studied; concepts and ways of protecting family and legal interests of participants in family relations in civil and administrative proceedings, applied problems that arise in judicial practice on the specified issues are explored; the peculiarities of the protection of family rights and legitimate interests in the context of appeals against decisions, actions or inactions of subjects of authority that violate the rights and legitimate interests of participants in family relations are disclosed; features of the protection of individual family rights and legitimate interests of participants in family relations were revealed; scientifically based proposals for improving the norms of family legislation, which regulate the issue of judicial protection of family rights and legal interests, are proposed.
For the first time it is proposed in the dissertation:
1) the concept of judicial protection of family rights and interests as a legal institution of family law is defined. It was determined that the judicial protection of family rights and interests is a universal form of protection of family rights and interests, which is carried out by a special state body - the court, takes place in the form provided for by the civil procedural law through the adoption of a court decision, which is final and has universal binding force, may to be executed with the possibility of applying state coercion, can be implemented if the person who owns a family right or an interest that is the object of protection, applied to the court with a corresponding demand using the appropriate procedural form within the limitation period, has exclusive competence with the most important issues of family relations;
2) the special role of the court in the protection of family rights and interests is defined, in particular it is stated that, taking into account the universality, publicity and coercion of the protection carried out by the court, it is possible to resolve all legal issues arising during the consideration of a family dispute regarding the protection of any family rights and interests in court proceedings, and such protection is a guaranteed possibility of enforcement of the court decision in the event that the addressees of the authoritative order contained in the decision ignore it and continue to violate family rights;
3) the legal nature of judicial protection of family rights and interests is revealed, which on the one hand has general features of a jurisdictional form of protection (it is a way of influencing family relations that have been unlawfully affected, with the aim of restoring a violated, unrecognized, disputed family right or an unaccounted-for family interest, which act as objects of protection; grounds for applying for protection are violation of family law, its non-recognition, dispute, consideration of family interest, if it does not contradict the general principles of family legislation; only a participant in family relations has the right to apply for protection of family law or interest - both one's own and the right or interest of another participant in case of underage or incapacity of the latter) and special features inherent in judicial protection: carried out by a special state body - a court; takes place in the form prescribed by civil and administrative procedural law by passing a court decision, which is final and has universal binding force.
