Law/8.Konstitutional law

Glynianska O.V., student

K. j. s., doc. Venislavskiy F.V. – scientific leader

National Law academy of Ukraine named after Yaroslav the Wise

CONSTITUTIONAL RIGHTS OF CHILD IN THE CIVIL PROCEDURE

International agreements, signed by Ukraine, avouch for the Ukrainian children sufficiently the wide volume of rights. But in a national legislation the mechanisms of realization of some rights are not foreseen, that does not answer international standards. For example imperfection of mechanism of realization independently of the rights a child in order of the civil procedure has the consequence of violation some her constitutional rights, among which and right on expression of idea, and free choice of residence.

In civil procedure to the basic category of businesses which touch rights for a child the disputes of domestic character belong : determination of residence child; to participation of one of parents in education of child; privation and proceeding

in paternal rights and others like that.

According to international standards, a child in a court has a right: а) to be informed by clear speech about motion of process, about awarded judgement and him law consequences; b) to elect a legal representative and declare a solicitor; c) to express the opinion of (but not only to be polled in quality of witness) own free will. But a national legislation, contains procedures not enough which would guarantee observance of these and other rights for a child in civil procedure and would guard a little man from stress and manipulation from the side of adults.

When speech calls about rights for a child, we reminisce, foremost, Convention rights for the child of UNO, which contains not only the most complete catalogue of rights for a child but also mechanism of their realization. Among all rights, envisaged Convention of UNO an important value in providing of rights for a child in civil procedure has a right for every child freely to express the opinion. For his practical providing, a child gets possibility to participate in trials which touch her interests - independently or through legal representatives. However Convention of UNO does an accent on judicial rights. This blank is filled in other international agreement - European Convention about realization of rights for a child. Judicial rights for a child are clearly prescribed in Convention what participates in a trial. In 2006 year Convention was ratified by Ukraine. However, necessary changes in a current legislation to this time are not brought in.

Hereupon the Ukrainian court is the hostage of situation - a national legislation in this sphere has oppressive blanks. To our opinion, to Ukraine necessary conception of juvinal justice. In civil procedure which most businesses are examined within the framework of what need account of opinion of child - her judicial rights are not provided. A legislation (century 182 ЦПК) foresees the order of interrogation of very young and minor witnesses only. But even it takes place very much rarely. Why? In default of clear procedure to the judge does not complicate to itself life, and necessary for awarding judgement information they are inclined to get from other sources. For example, from the conclusions of organs of guardianship and caring. However, a child quite often comes forward as a not witness and by the side of trial. And in this case application of the mentioned article of Civilly-judicial Code already not possibly. In such case a judge in general can not poll a child - there is not legislatively certain procedure. It appears that rights for a child are not supported corresponding by procedure which eliminates possibility of their realization actually.

For the correction of situation which was folded in this sphere it is necessary as quick as possible : at first, to stop gap in a legislation, providing procedure of realization of rights for a child at legislative level; secondly to spare the most serious attention to the system preparations of judges, which take shipping, which touch rights and interests of child.