CIVIL LAW PRINCIPLES OF REGULATING CHILDREN’S RIGHTS AND RECODIFICATION OF THE CIVIL CODE OF UKRAINE

Abstract

The article provides a comprehensive analysis of civil law approaches to defining the concept of “child” and the content of its rights in the context of the modern development of Ukrainian legislation and the influence of international standards in the field of human rights. It is substantiated that the lack of a unified approach to defining the legal status of a child in the norms of civil and special legislation causes difficulties in law enforcement and leads to ambiguity in judicial practice. Scientific approaches to understanding the categories of “child” and “child’s rights” are studied, in particular, attention is focused on the correlation between the age criterion and the scope of civil capacity. It is established that the current legislation of Ukraine defines the concept of a child differently, which necessitates their coordination and systematization. Particular attention is paid to the analysis of the provisions of the draft Civil Code of Ukraine, which offers a new approach to defining the legal status of a child regardless of the acquisition of full civil capacity by the child. It is determined that such novels have both positive aspects related to strengthening the guarantees of the child’s rights, and debatable provisions regarding the transformation of its legal status. Doctrinal approaches to determining the rights of the child through the categories of needs and interests that form the content of its legal status are also considered. The importance of enshrining the principle of the best interests of the child in civil legislation as a basic guideline for law enforcement activities is separately substantiated. It is emphasized that its implementation should be not declarative, but practical in nature, in particular by detailing the mechanisms for taking into account the child’s opinion depending on its age and level of development, as well as ensuring effective procedures for protecting its rights. In addition, attention is focused on the need to further improve the mechanisms for implementing and protecting the civil rights of the child, in particular in the context of the digitalization of society and the emergence of new forms of social relations. It is noted that expanding the child’s opportunities to independently exercise rights should be accompanied by appropriate guarantees of security and control from the state and legal representatives. The author’s definition of the rights of the child is proposed as a set of personal non-property and property rights, determined by their needs and guaranteed by the state, the implementation of which ensures the proper development of the child. The conclusion is made about the need to unify legislative approaches, improve terminology and ensure the systematic nature of legal regulation in the field of child rights protection.