The qualification scientific work is a comprehensive study of issues related to
ensuring the best interests of the child under martial law and during the post-war
recovery period in Ukraine.
The dissertation consists of three chapters divided into eight subchapters,
conclusions to each chapter, general conclusions, a list of references, and appendices.
The first chapter, “Theoretical and Legal Characteristics of Ensuring the Best
Interests of the Child under Martial Law,” is devoted to the analysis of the formation
and development of the concept of the best interests of the child as a legal principle
and standard; the methodological foundations for ensuring the best interests of the child
under martial law; and the conceptual and categorical framework of the study.
The study of the doctrinal development of the principle of the best interests of
the child revealed that this legal discourse in Europe originated in the nineteenth
century. The key criteria influencing the varying content of the principle of the best
interests of the child include: (1) the perception of the child either as an individual with
a distinct nature requiring special attention or as a “small adult” to be prepared
exclusively for the future; (2) the understanding of what constitutes the child’s welfare
and needs (a supportive family environment, development, and a dignified future); (3)
the role of the state in ensuring the best interests of the child; (4) the role of the family
in ensuring the best interests of the child; and (5) the level of discrimination against
certain categories of children. The dissertation substantiates that after the First World
War, a perception emerged of children being in socially dangerous situations from
which they could not escape independently. Consequently, a distinct legal position
concerning the vulnerability of the child as a participant in social relations was
established, necessitating specific actions in the child’s interests. Following the
adoption of the United Nations Convention on the Rights of the Child in 1989, ensuring
the best interests of the child came to encompass all actions concerning children. It
became evident that this principle is inexhaustible in terms of the variety of situations
and decisions that may affect a child’s quality of life.
It is concluded that the coordination of the theoretical and methodological
approaches applied to the study of guaranteeing the best interests of the child during
martial law is determined by a contemporary worldview. The analysis is conducted
within the framework of the socio-evolutionary paradigm and is based on historical,
hermeneutic, axiological, and comprehensive approaches, employing philosophical
and worldview methods, including dialectical, formal-logical, phenomenological, and
transcendental methods. General scientific methods such as systemic and structural
analysis, as well as the method of ascending from the abstract to the concrete, are also
employed. In addition, specific and special scientific methods are used, including
comparative legal, historical legal, theoretical legal, and special legal methods. Legal
categories and theoretical concepts play an important role in the methodological
structure of the research.
The dissertation formulates the definition of the principle of the best interests of
the child as a set of legal ideas and standards that prioritize the child, as a unique and
vulnerable participant in social life, among the legitimate interests of participants in
legal relations. This prioritization aims to ensure the child’s optimal physical, material,
psychological, and spiritual well-being in the process of making decisions that
significantly affect possible life trajectories. It is noted that under martial law, the
content of the best interests of the child may be modified to some extent due to
extraordinary circumstances that significantly affect the child’s physical,
psychological, and spiritual development and material well-being. Martial law
increases risks related to family unity, psychological adaptation to extraordinary
conditions, adequate living standards (housing, nutrition, etc.), access to education, and
other essential needs.
The second chapter, “Specific Features of the Implementation of the Best
Interests of the Child under Martial Law,” analyzes the regulatory and legal dimension
of ensuring the best interests of the child, guarantees for their protection under martial
law, and the relationship between the best interests of the child and parental rights in
such circumstances.
The following components of the principle of the best interests of the child are
identified: (1) the personal component, encompassing the child’s views and
individuality, that is, interests that form the foundation of an autonomous personality;
(2) the family component, which includes the right to preserve the family environment
and receive parental care.
