Mülki məhkəmə icraatında yetkinlik yaşına çatmayanların iştirakı məsələləri

In the Constitution of the Republic of Azerbaijan, ensuring the rights and freedoms of man and citizen, a decent standard of living for citizens of the Republic of Azerbaijan is called the highest goal of the state. The protection of human rights and freedoms proclaimed by the Constitution is considered the responsibility of the legislative, executive and judicial branches. The judicial form of protection of civil rights among the listed bodies is the most important. Judicial protection of human rights and freedoms is directly related to the violated right and, depending on many other factors, is carried out through constitutional, civil and criminal proceedings and other methods provided by law. Minors constitute a significant part of the population of the Republic of Azerbaijan (more than 30%) and the protection of their rights is a primary task of the state, society and family. Guarantees of judicial protection of the rights and interests of minors are enshrined both in the provisions of the Civil Procedure Code of the Republic of Azerbaijan and in the procedural norms of some substantive legislative acts (Family Code, Civil Code, Labor Code, etc.). It should be noted that although the European Convention on the Exercise of Children's Rights of 1996, which mainly regulates the civil procedural rights of minors, has not been ratified by the Milli Majlis of the Republic of Azerbaijan, the procedural rights of children in civil proceedings are sufficiently enshrined in the relevant national legislation. According to statistics from the Ministry of Justice of the Republic of Azerbaijan, the number of civil cases considered in courts affecting the rights and interests of minors is increasing from year to year. The vast majority of these cases are related to divorce, establishment of paternity or recognition of paternity in court, as well as adoption or cancellation of adoption. In this regard, the role of judicial bodies in ensuring the violated rights of minors, in regulating social conflicts and family disputes is extremely important. The article examines the constitutional and international legal foundations for the participation of minors in civil proceedings, as well as the mechanisms for their regulation provided for by the relevant legislative acts of the Republic of Azerbaijan. Key words: civil procedural law, family law, civil proceedings, divorce, minors, judicial protection, civil claim, rights of family members, former family member, juvenile justice, right of communication, parental rights.