Litigation on the Rights of the Upbringing of Children

This Diploma is devoted to an analysis of core problems which are present in legal regulations about disputes of upbringing children. Both the absence of the key notions in family legislation, which define the content and essence of the right over the upbringing, as well as deficiency of the legal classification in the studied category of disputes, represent a presence of serious gap and hence, affect the practice of law enforcers. Furthermore, the order of resolving disputes about upbringing children is regulated by both the Civil Procedure and Family Codes at the same time. Thus, it is inevitable for contradictions between contents of these codes to occur within the framework of such cross-sectoral regulation. The above problems justify the relevance of this research, which goal is to prove the necessity of creating a uniform legal code. Such code would regulate the order of resolving disputes about upbringing children as well as guidelines about identification. Following the study of the regulatory framework, legal literature and law practice, offers were made about correcting identified problems in regulatory system over the order of resolving disputes regarding the upbringing children. In particular, the definition of upbringing is suggested that considers content and goals of given process, the problem of subjectivity of regulatory formulations about the bounds of allowed parental behaviour. In addition, this research proposes a classification of disputes over the rights of upbringing children and detects criteria for relating a legal dispute to such category of disputes. The core result of this research is the prof of necessity in creation of a separate procedural code, which regulates resolutions of disputes over the right of upbringing children as well as defining its contents. This conclusion is based on the analysis of contradictions and gaps in regulations within each kind of researched disputes as well as various hearings of Supreme Court.