Private international law and parental responsibility: the experience of applying parental responsibility measures to Ukrainians in EU countries

The article examines the relationship between parental responsibility as a measure of protection of children's rights and Private International Law on the example of the application of parental responsibility measures to Ukrainians in EU countries. The purpose of the article is to provide a legal analysis of the problem of removal of children from Ukrainian families by social services in the EU countries as a measure of parental responsibility. In the example of the analysis of the national legislation of Spain, Poland, Sweden, Germany and Finland, the differences in the legal regulation of parental responsibility are considered. The most pressing issues that arise when initiating a case on parental responsibility of persons enjoying temporary protection in the EU countries have been identified. The methodological basis of the research is: dialectical method, comparative legal method, method of legal analysis. It has been established that in most cases the removal of children from families as a measure of parental responsibility was applied based on improper performance of parental duties, but there are cases when such measures were of a preventive nature. The need to improve the legal regulation of parental responsibility in the legislation of Ukraine has been identified.

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Publication Details

Journal
Revista Amazonia Investiga
Published
2024-09-30
DOI
https://doi.org/10.34069/ai/2024.81.09.2
Primary Topic
Polish Law and Legal System
Type
article
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article

Private international law and parental responsibility: the experience of applying parental responsibility measures to Ukrainians in EU countries

Olena Sushch
Revista Amazonia Investiga
Polish Law and Legal System
article

Private international law and parental responsibility: the experience of applying parental responsibility measures to Ukrainians in EU countries

Olena Sushch
article en

Abstract

The article examines the relationship between parental responsibility as a measure of protection of children's rights and Private International Law on the example of the application of parental responsibility measures to Ukrainians in EU countries. The purpose of the article is to provide a legal analysis of the problem of removal of children from Ukrainian families by social services in the EU countries as a measure of parental responsibility. In the example of the analysis of the national legislation of Spain, Poland, Sweden, Germany and Finland, the differences in the legal regulation of parental responsibility are considered. The most pressing issues that arise when initiating a case on parental responsibility of persons enjoying temporary protection in the EU countries have been identified. The methodological basis of the research is: dialectical method, comparative legal method, method of legal analysis. It has been established that in most cases the removal of children from families as a measure of parental responsibility was applied based on improper performance of parental duties, but there are cases when such measures were of a preventive nature. The need to improve the legal regulation of parental responsibility in the legislation of Ukraine has been identified.

Revista Amazonia InvestigaVol. 13(81)
University of Helsinki (FI)
Openalex Percentile: Top 67%
Polish Law and Legal System
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