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ANALYTICAL VIEW OF THE PROBLEM OF IMPLEMENTATION OF THE MECHANISM OF RESTORATION OF PARENTAL RIGHTS: THEORETICAL AND LEGAL ASPECT

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PDF: Author(s): Glushchenko G. A.,
Number of journal: 3(44) Date: August 2018
Annotation:

This article examines the problems of the mechanism of implementation of the institution of restoration of parental rights. Structurally, the work consists of an introduction, main part and conclusion. The introduction reveals the relevance of the research topic, the purpose and objectives of the research, its object and subject, scientific novelty, methodological foundations and practical significance of the research. The relevance of the chosen topic of scientific work predetermined the statement of the main purpose of this study, which is to study the problems of implementation of the mechanism of restoration of parental rights. The need to study the stated topic is due in particular to the fact that the institution of restoration of parental rights is purely exceptional, which is confirmed by the statistical data presented in the work, materials of law enforcement, as well as the theoretical reflections of the author on the basis of the analysis of the opinions of the scientific community in the field under study. The main part of the article studied the possibility of restoration of parental rights of the persons deprived of them by the court, which is stipulated by the current legislation, with the purpose of implementation of the right to family life, protection of the interests of the child. Here the author reveals the issues of law enforcement provisions on the timing of filing claims for this category of cases. In the study of the participants of the proceedings, the author emphasizes the role of the guardianship authorities in considering the issue of restoration of parental rights, as well as the need for a critical analysis of the child’s opinion in this matter. In conclusion, the author identifies the justified conclusions aimed at implementation of the main objectives of the study, and, in particular, the need for a critical rethinking of the current legislation in terms of addressing the issue of restoration of parental rights and detailed study of the current mechanism of implementation of this institution.

Keywords:

restoration of parental rights, upbringing of children, deprivation of parental rights, opinion of the child, child, parents, district court, guardianship and trusteeship bodies, behavior and lifestyle of parents deprived of parental rights, attitude to the upbringing of the child, family.

For citation:

Glushchenko G. A. Analytical view of the problem of implementation of the mechanism of restoration of parental rights: theoretical and legal aspect // Business. Education. Law. 2018. No. 3 (44). P. 329–334. DOI: 10.25683/VOLBI.2018.44.353.