On Introduction Of Amendments To Certain Legislative Acts Of Ukraine On Ensuring The Protection Of Children's Rights

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо забезпечення захисту прав дітей

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/1397-17

                                                          
With a k o n u r as th n and on amendments to certain legislative acts of Ukraine on ensuring the protection of children's rights (the Supreme Council of Ukraine (BD), 2009, 41 N, 596), the Verkhovna Rada of Ukraine n o s t a n o in l I have: I. Make changes to the following acts: 1. The family code of Ukraine (2,887-14) (Parliament, 2002, N 21, article 135): 1) first paragraph of part four article 157 supplement this sentence: "the contract is concluded in writing and is subject to notary";
2) in the second article 159: in the first paragraph, the words "taking into account the age, State of health of the child, the parents ' behavior, as well as other circumstances that are essential" to exclude;
Add a paragraph to third the following contents: "during the dispute, concerning the participation of the parent in the upbringing of the child is taken into consideration the attitude of parents to carry out their duties, personal commitment to each child, the age of the child, the State of her health and other circumstances that are essential, including the State of mental health of one of the parents abuse him alcoholic drinks or abuse";
3) in part 1 of article 162: the first paragraph after the words "malolìtnâ child" add the words "or children's institution (institution), which by the decision of the guardianship authority and guardianship or court lived child", and the words "so, with whom she lived a" substitute "for the previous place of residence";
second paragraph add the words "or the circumstances have changed so that the return is contrary to its interests."
2. in the civil procedural code of Ukraine (1618-15) (Supreme Council of Ukraine, 2004, NN, 40-42, art. 492): 1) supplemented by article 27-1 this content: "article 27-1. Ensure the protection of the rights of minors or minors during the proceedings 1. During the consideration of the case, in addition to the rights and obligations specified in article 27 of this code, the malolìtnâ or underage person has such procedural rights: either directly or through a representative or a legal representative to express their opinion and to receive his help in the expression of this opinion;
getting through the representative or a legal representative information on trial;
to carry out other procedural rights and perform the procedural obligations under an international treaty, the consent to be bound by any given by the Verkhovna Rada of Ukraine.
2. The Court clarifies underage or a minor person her rights and the possible consequences of the actions of its representative or a legal representative, if this require the interests of that person and the age and health reasons she may realize their value.
3. The Court contributes to the creation of the proper conditions for the implementation of the juvenile or a minor person its rights determined by law and stipulated in an international treaty, the consent to be bound by any given by the Verkhovna Rada of Ukraine ";
2) article 43 after third part add a new part of the following content: "4. The Court may appoint or replace legal representative solicited support or a minor person, if it meets its interests."
In this regard, part of the fourth take part five;
3) Article 81: paragraph 5 part four put in the following wording: "5) compensation for harm caused by the face of unlawful decisions, actions or inaction of the organ of the State authorities, authorities of Autonomous Republic of Crimea or local self-government bodies, their official or a business person as well as the unlawful decisions, actions or omissions of bodies of inquiry, pretrial investigation, Prosecutor's Office or court";
part of the fifth supplement paragraph second such content: "not subject to the payment of the costs of information and technical assistance for the protection of the rights of minors or minors in cases where the representation of their interests in court according to the law or international treaty, agree to be bound by any given by the Verkhovna Rada of Ukraine, the Ministry of Justice of Ukraine and/or the organs of guardianship and care or services for children";
4) article 110 after part of the twelfth Supplement new part of this "13. Claims of the Ministry of Justice of Ukraine on the basis of international agreements, consent to be bound by the Verkhovna Rada of Ukraine, on behalf of the plaintiff and by proxy, which has no place in Ukraine may also pred'âvlâtisâ at the location of the Ministry or its territorial bodies ".
In this regard, part of the lucky thirteenth considered part of the fourteenth;
5) the first part of article 182 add the words "or representatives of guardianship and care, and services for children", and the words "teacher or exclude.
3. The law of Ukraine "on protection of childhood" (2400-14) (Supreme Council of Ukraine, 2001, N 30, art. 142;
2002 N 32, St. 232, 46 N, St. 347; 2003, N 10-11 centuries. 86;
2004 N 17-18 centuries. 250 N, 19, art. 251; 2005, N 6, art. 144, N 10, St. 191, N 11, art. 202, NN 17-19 centuries. 267; 2008, N 24, cent. 230): article 1 paragraph 1) Fourteenth supplement such content: "contact with the child, implementation of mother, father, other family members and relatives, including those with whom the child is living, the right to communicate with the child, the date of the mentioned persons with a child, as well as providing them with information about the child or

child of such persons, if this is not contrary to the interests of the child ";
2) part of the fourth article 5 put in the following wording: "other authorities within their competence: serves the Cabinet of Ministers proposals on perfection of legislation relating to the protection of the rights of children;
submit conclusions to the projects of legislative acts of the issues;
provide the media, the public and individuals or bodies engaged in addressing the issues of child protection, General information on the protection of the rights of children ";
3) title of article 15 to lay out in the following wording: article 15. Right of the child to contact with parents living separately ";
4) article 16: the name lay in the following wording: "the article 16. Right of the child to contact with parents, other family members and relatives who live in different States;
Add a second part following contents: "parents, other family members and relatives, particularly those who live in different States, should not impede one another to realize the right of the child to contact with them, are obliged to ensure the return of the child to the place of her permanent residence after her right to contact, avoid excessive changes her place of residence;
5) supplement article 16 1 the following contents: "article 16 1. Measures and guarantees securing the implementation of the Court's decision on the implementation of the rights of the child contact Arrangements and guarantees securing the implementation of the Court's decision on the implementation of the rights of the child to contact shall be determined by the Court in each case.
Such measures and guarantees are: the obligations of the person in contact with the child, pay for the costs associated with relocation and child, as well as, if necessary, any other person who accompanies the child, notify the person with whom the child lives, about the whereabouts of the child during the realization of her right to contact, to appear in person with the child to the organ of guardianship and tutorship with periodicity defined by the Court;
barring a change of the place of stay of the child during the realization of her right to contact;
the realization of the right to contact with the child in the territory of a foreign State subject to filing a body care and care of the place of residence of the child of the document confirming the recognition of the Court's decision on contact with the child in the territory of another State;
other measures provided for by law. "
II. this Act comes into force from the day of its publication.

President of Ukraine v.Yushchenko Kyiv, May 21, 2009 N 1397-VI