Участь органів опіки у справах про усиновлення: правові аспекти та практика

The article is devoted to the analysis of the participation of guardianship and trusteeship bodies in adoption cases in Ukraine, their role in ensuring children’s rights and the assessment of the regulatory and legal regulation of this area. The key provisions of the Family Code of Ukraine, the Civil Procedure Code and the Resolution of the Cabinet of Ministers of Ukraine No 905, which determine the powers of guardianship and trusteeship bodies, are considered. Particular attention is paid to the conclusion of the guardianship body, which is mandatory in adoption cases. The legal nature of this conclusion, its significance for the court, as well as the problems that arise in cases where the court deviates from the conclusion are analyzed. The emphasis is on the need to develop clear criteria for assessing the conclusions of the guardianship body in order to achieve a balance between their mandatory nature and the right of the court to make independent decisions. The article considers the interest of guardianship bodies in adoption processes, emphasizing that their main goal should be to protect the rights of the child. At the same time, it is emphasized that the activities of guardianship and trusteeship bodies should not be limited to compliance with formal procedures, but should ensure the real interests of the child. Their function includes not only monitoring the conditions of adoption, but also protecting children’s rights in social, psychological and legal contexts. The impact of international norms on adoption processes is separately analyzed. It is noted that neglect of international obligations, in particular the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, can lead to negative consequences. An example of a decision of the European Court of Human Rights is given, which emphasizes the importance of integrating international standards into the national legal system. The conclusions indicate that the effectiveness of the activities of guardianship and trusteeship bodies remains a pressing issue. To improve their work, a systematic review of approaches to organizing activities, the development of new control mechanisms, and enhanced interaction with the courts and the public are necessary. Continuous improvement of these processes is a guarantee of ensuring children’s rights and building a more effective legal system.