FAMILY LAW DISPUTES AS A MEANS OF EVADING MOBILIZATION

Abstract

The article highlights the unprecedented challenge faced by the modern Ukrainian legal system – the deformation of the institution of family law – family disputes, which should primarily protect the interests of children and its use as a hidden way to evade mobilization. It has been established that today there is a legal destructive phenomenon, in which the legislative mechanisms for ensuring the best interests of children are used by their parents in order to create conditions for avoiding the fulfillment of the constitutional duty to protect the Fatherland. A number of procedural problems in the consideration of family disputes by courts are identified, the results of which may become grounds for obtaining a postponement of mobilization. Therefore, special attention is required to the signs of deliberate groundlessness and artificiality of such disputes, the detection of which by the court will allow the protection of the interests of the child. Three procedural filters have been identified that will allow the court to establish the artificiality of a family dispute: a critical assessment of the motivation of the conclusions of the guardianship and trusteeship body, involvement in the case of the CCC and the SP, and hearing the child’s opinion. The need to amend the current regulatory legal acts on mobilization in order to synchronize the latter with the norms of family and civil legislation in order to create reliable legislative barriers that can eliminate any manipulations with family disputes has been substantiated. In particular, in the studied category of disputes, in our opinion, it would be advisable to imperatively establish the obligation of the guardianship and trusteeship body in its conclusion to provide a motivated assessment of the presence or absence of artificial creation by the parents of conditions for evasion from military service and to provide for the mandatory involvement of the court in such cases as a third party who does not declare independent claims regarding the subject of the dispute on the defendant’s side, the relevant territorial recruitment and social support center.