The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-08-19
DOI
https://doi.org/10.24144/2307-3322.2024.83.2.22
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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article

The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

B. L. Vasylyuk
Uzhhorod National University Herald Series Law
Conflict of Laws and Jurisdiction
article

The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

B. L. Vasylyuk
article en

Abstract

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has.

Uzhhorod National University Herald Series LawVol. 2(83)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Conflict of Laws and Jurisdiction
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