Procedural Features Of Consideration And Resolution Of Adoption Annulment Cases

Abstract

The purpose of the article is to identify the features of civil proceedings in cases of adoption annulment, as well as develop scientifically sound proposals for improving Ukrainian legislation with a view to eliminating the identified conflicts, gaps and inaccuracies in the legal regulation of the relevant issues. It has been determined that the list of persons enshrined in Article 240 of the Family Code of Ukraine is illogical and inconsistent with the principles of civil proceedings. After all, any person is entitled to file a claim for the adoption annulment if he(she) believes that the existence of such legal relations violates, does not recognize or disputes his(her) rights, freedoms or interests. At the same time, the guardianship and custody authorities and the prosecutor are not direct participants in the relevant disputed legal relations, so they can be neither plaintiffs nor defendants in such cases and should always be endowed with the procedural status of the body and person who is legally entitled to appeal to court in the interests of other persons. The Ukrainian Parliament Commissioner for Human Rights is also authorized to apply to the court with the request to annul the adoption in the interests of other persons, although he(she) is not included in the list enshrined in the Article 240 of the Family Code of Ukraine. It has been substantiated that in the absence of a dispute over the right to adoption annulment, it is more appropriate to consider it in a separate proceeding. This will fully comply with the general principles of civil proceedings and the essence of special proceedings. Since cases involving the adoption annulment, especially of a child, are often characterized by a significant psychological load, it has been argued that in such cases a psychologist in the procedural status of a specialist or an expert should necessarily participate in the process of consideration and resolution of the case. Based on the results of the study, it has been stated that domestic family and civil procedural legislation currently does not fully regulate all important aspects related to the consideration and resolution of cases involving the adoption annulment. Therefore, they need to be amended. During the consideration and resolution of relevant civil cases, it is necessary to correctly determine the composition of the parties to the case, and to endow them with the procedural status in accordance with the purpose and role of their participation in the court proceedings.