The actuality of the topic of the article is primarily determined by the fact that in recent decades, with the growth of globalization, social relations of a private legal nature have increasingly gone beyond the scope of national legislation, and this has led to legal conflicts complicated by a foreign element. Many international organizations, including the Hague Conference on Private International Law, are engaged in developing unified solutions to such situations. The agenda of the Hague Conference on Private International Law includes issues of international cooperation to create an effective mechanism for protecting the children’s rights and interests. As practice shows, this topic is driven by the need to: protect the individual in the process of countering attempts of international child abduction; protect children and cooperate in intercountry adoption; regulate parental responsibility for the provision of custody, care and international recovery of child support and other types of family maintenance. The article analyzes the essential provisions of the Hague Conventions on Private International Law relating to the protection of civil and family rights of children and their impact on the formation of modern Ukrainian legislation regulating relations in this area. The article points out the need to bring certain provisions of the Civil and Family Codes of Ukraine and the Law of Ukraine on Private International Law into compliance with the requirements set out in the Hague Conventions on Private International Law. As a result, the author formulates some proposals that should be introduced into the current legislation of Ukraine regulating legal relations for the protection of children’s rights burdened by a foreign element.

Key words: The Hague Conference on Private International Law, States parties of the Conference, children’s rights, guardianship, custody, adoption, family maintenance, parental responsibility, international recovery of child support, mechanism for the protection of rights and freedoms, civil and family law.

References

1. The Hague Conference (1980), On the civil and legal aspects of international child abduction: Convention, Verkhovna Rada of Ukraine,
2. Ukraine (2002), Family Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine,
3. Ukraine (2005), About international private law: Law of Ukraine, Verkhovna Rada of Ukraine,
4. The Hague Conference (1996), On Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation Regarding Parental Responsibility and Child Protection Measures, Convention, Verkhovna Rada of Ukraine,
5. The Hague Conference (1993), On the protection of children and cooperation in the field of interstate adoption: Convention, Verkhovna Rada of Ukraine,
6. Ukraine (2001), About the protection of childhood: Law of Ukraine, Verkhovna Rada of Ukraine,
7. The Hague Conference (2007), About the international collection of alimony for children and other types of family support: Convention, Verkhovna Rada of Ukraine,
8. Ukraine (2017), On the approval of the Instructions on the implementation in Ukraine of the Convention on the international recovery of child support and other types of family support: Order, Ministry of Justice of Ukraine,