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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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For changes to some legislatures
Ukraine to ensure the protection of children's rights
(Information of the Verkhovna Rada of Ukraine (VR), 2009, N 41, pp. 596)

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the following legislative acts of Ukraine:
1. In the Family Code of Ukraine 2947-14 ) (Information
The Verkhovna Rada of Ukraine, 2002, N 21-22, pp. 135):
(1) the paragraph of the first part of the fourth Article 157 complement
sentence of such content: " The treaty is concluded in writing and
A notary's office ";
(2) In part 2 of the second article 159:
in the paragraph of the first word "with age, state of health"
a child, the behavior of parents, as well as other circumstances
the essential meaning of " exclude;
Add a paragraph to the third such content:
" During the dispute over the participation of one of the parents in the
Raising a child is taken into account their parents ' attitudes
responsibilities, personal affection for the child to each of them,
age of the child, the condition of her health and other circumstances having substantial
values, including the state of mental health of one of the parents,
The abuse of alcoholic beverages or drugs ";
3) in the part of the first article 162:
the paragraph of the first one after the words "little child" complemented with the words
" or the children ' s institution (institutions) in which by the decision of the custody body
and care or court lived a child "and the words" therefore, with whom
She lived to "replace the words" with her previous location
paragraph the second should be added to the words " or circumstances have changed as
that a return contradicts her interests. "
2. In the Civil Procedure Code of Ukraine 1618-15 )
(Information of the Verkhovna Rada of Ukraine, 2004, NN 40-42, st. 492):
1) complement the article 27-1 of this content:
" Article 27-1. Ensuring the protection of the rights of the child
minors during the review of the case
1. During consideration, in addition to the rights and obligations,
defined by article 27 of this Code, a minor or
An underage person has the following procedural rights:
directly or through the representative or the legal
The representative will express his opinion and receive his help in the
Express such a thought;
to receive from a representative or a legitimate representative
Information on judicial review;
exercise other procedural rights and to perform procedural conditions
Obligations provided by the International Treaty of
The duty of which is provided by the Verkhovna Rada of Ukraine.
2. The Court is charged with an infant or minor person
and possible consequences of the actions of her representative or of the legitimate representative,
in case of this need for the interests of this person and by age and
When she is healthy, she can understand their meaning.
3. The Court promotes the establishment of proper conditions for
juvenile or underage of its rights defined by the law
and predicted by international agreement, consent to duty
to be given by the Verkhovna Rada of Ukraine ";
(2) Article 43 after part of the third supplement to the new part
such content:
" 4. The Court may appoint or replace the legal representative
for the petition of an infant or a minor, if it is
is in the interest of her. "
In this regard, part of the fourth is considered to be part of the fifth;
3) in Article 81:
Item 5 of the Fourth Part in this edition:
" (5) damages inflicted by the person in person
Decisions, actions or inactivity of the public authority, organ
the power of the Autonomous Republic of Crimea or the local authority
self-government, their official or official person, and the same
illegal decisions, actions or inactivity of the organs of knowledge,
The prosecution, the prosecutor's office or the court ";
part of the fifth complement of the paragraph by the other such content:
" Not subject to information and technical costs.
Protection of the Rights of Males or Juvenile Rights
in cases where the representation of their interests in court
under the law or international treaty, consent to
Commitment given by the Verkhovna Rada of Ukraine
Ministry of Justice of Ukraine and/or the organs of care and care or
Children's services ";
(4) Article 110 after part twelve
part of this content:
" 13. Address by the Ministry of Justice of Ukraine on
International treaties due to the binding of
The Verkhovna Rada of Ukraine, in the interest and for the confidence of the plaintiff,
which does not have a residence in Ukraine, can also be charged
of the Ministry or its territorial claims
organs ".
In this regard, it is part of the 13th to be considered part of
(5) Part of the first article 182 supplements with the words " or
the representatives of the guardianship and the care and the service of the
Cases of children ", and" educators or " to exclude.
3. In the Law of Ukraine, "On the Protection of Childhood" ( 2402-14 )
(Information of the Verkhovna Rada of Ukraine, 2001, N 30, pp. 142;
2002, N 32, pp. 232, N 46. 347; 2003, N 10-11, pp. 86;
2004, N 17-18, pp. 250, N 19, st. 251; 2005, N 6, pp. 144,
N 10, st. 191, N 11, st. 202, NN 17-19, st. 267; 2008, N 24,
Oh, 230):
(1) Article 1 will complement the paragraph of fourteen such content:
contact with the child-the implementation of the mother, father, other
family members and relatives, including those with whom the child is not
lives, rights to communicate with the child, date of the
persons with child, as well as giving them information about the child or
a child of such persons if it does not contradict the interests of the child ";
(2) Part of the fourth article of Article 5:
" Other executive bodies within their own powers:
Submitted to the Cabinet of Ministers of Ukraine for the
improving the provisions of legislation relating to the
Protecting the rights of children
provide conclusions to draft legislative acts from the specified
provide media, public and individuals
to the authorities who are engaged in the decision of the Child Protection,
General information on ensuring the protection of children's rights ";
(3) The name of Article 15 is set out in this edition:
" Article 15. The right of the child to contact his parents,
(4) In Article 16:
the name of the editor in such an editorial:
" Article 16. Right of child to contact with parents, others
family members and families residing in
In different states ";
complementing part of the second such content:
" Parents, other family members and relatives, particularly those who
living in different states, should not be prevented by each other
to realize the right of a child to contact them, are required
guarantee the child ' s return to its permanent residence
after the realization of the right to contact, not to add to the wrongful
Change of its place of residence ";
5) complement Article 16-1 of this content:
" Article 16-1. Enforcement measures and guarantees
Decision on the Implementation of the Child
to contact
Measures and guarantees to implement the court decision on
the realization of the right of the child to contact is determined by the court
in a particular case.
Such measures and guarantees are:
an individual who is in contact with the child, to pay
expenses related to the transfer and residence of the child, as well as
if necessary,-any other person who accompanies the child,
notify the person with whom the child lives, about the place of stay
the child during the implementation of the right to contact, appear
personally, together with a child to the body of care and care of
Periodicity identified by the court;
Prohibition of changing the place of the child during implementation
The right to contact;
realization of the right to contact with a child in the territory of a foreign
states provided for the representation of the body of custody and the care of the place
of a child of a document confirming the decision of the court decision
Ukraine is about contact with a child in another state;
Other measures provided by law ".
II. This Act takes effect from the day of its publication.

President of Ukraine
Um ... Kiev, 21 May 2009
N 1397-VI