Implementation of specific aspects of the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children by the competent authorities of Ukraine

The article focuses on the mechanisms and practice of implementation of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures of Protection of Children (hereinafter – the 1996 Convention) by the competent authorities of Ukraine. The study analyzes the international and national legislation of Ukraine regulating international cooperation in the field of child protection measures. Particular attention is paid to the issue of jurisdiction of the competent authorities of Ukraine to take child protection measures, the legal basis for its formation, change and maintaining. The urgency of these issues in war conditions is due to a significant number of cases involving Ukrainian children who were forced to temporarily move (evacuate) outside Ukraine as a result of the war and need protection. The paper makes a comparative analysis of the legal status of a refugee and the mechanism of temporary protection, and identifies their common and distinctive features. Based on the results of the analysis of the relevant legislation and its enforcement practice, the conclusion is made that Article 6 of the 1996 Convention does not generally apply to these children. Instead, Articles 5, 7–14 of the 1996 Convention are applicable. This legal position requires the widest possible presentation and defense before the States Parties to the 1996 Convention. The article also substantiates the proposals regarding the expediency of amending Ukrainian legislation in terms of authorizing direct communication between the competent authorities of Ukraine and the relevant States, provided that the necessary conditions for this exist. This will substantially optimize the cooperation between Ukraine and other States Parties to the 1996 Convention. In addition, the analysis of changes in the powers of the authorities responsible for protecting the rights and interests of children in connection with the establishment of the State Service of Ukraine for Children is carried out, and the need to change the central authority of Ukraine in accordance with the 1996 Convention is substantiated in order to prevent conflicts of interest and ensure proper state supervision over the respect for children’s rights.