Організаційно-правові аспекти повернення дітей до України

The article is dedicated to the research of organizational and legal aspects of returning children to Ukraine. The author analyzes the current legislation of Ukraine regulating the procedures for returning children to Ukraine. Particular attention is focused on the definition of the categories of children to be returned to Ukraine, as well as the bodies that make decisions on the return of children to Ukraine, coordinate the return of children with the competent authorities of the states of their temporary residence, and ensure the return process. The relevance of these issues in times of war is of particular importance, which leads not only to scientific but also to significant public interest in these issues. Effective implementation of the mechanisms for returning children to Ukraine is complicated, in particular, by existing gaps and conflicts in the legal acts regulating the relevant procedures. Based on the results of the analysis of the relevant legislation and its application practice, the categories of children to be returned to Ukraine were determined. The main criterion is the child’s habitual residence. The author makes a reservation with regard to children who have reached the age of 16 and, in accordance with the Civil Code of Ukraine, have the right to leave Ukraine freely on their own. The author also substantiates the proposals regarding the expediency of entrusting the functions of approving the return of children to Ukraine, making appropriate decisions and ensuring their return to the relevant guardianship and custody authorities. It is noted that combining the functions of returning children to Ukraine in the person of one entity (guardianship and custody authority) will result in a significant optimization of the procedure, in particular, its acceleration and saving of efforts aimed at interaction of several entities. Given the circumstances that make it impossible for specific guardianship and custody authorities to provide the function of returning children to Ukraine, it is proposed to authorize the relevant regional, Kyiv and Sevastopol city state (military) administrations to determine the guardianship and custody authorities that will be responsible for the return of children within the region, the cities of Kyiv and Sevastopol, and the State Service of Ukraine for Children within Ukraine.