PROTECTION OF CHILDREN’S RIGHTS DURING IMPLEMENTATION OF GUARANTEES IN EXECUTIVE PROCEEDINGS: THEORETICAL AND LEGAL RESEARCH

Abstract

This article examines the theoretical and legal aspects of protecting children’s rights during the implementation of guarantees in enforcement proceedings. The author presents the system of guarantees in enforcement proceedings as comprising several components, including procedural forms of supervision and control over the legality of enforcement actions, mechanisms for appealing the actions of state or private executors, measures to hold accountable those who violate enforcement legislation, and the involvement of representatives, experts, specialists, evaluators, and witnesses. Additionally, it includes a normatively regulated system of rights and obligations for executors, parties, and other participants in enforcement proceedings.

Based on an analysis of relevant legislation and law enforcement practices, the article argues that the protection of children’s rights during enforcement proceedings is pursued in two main directions: the protection of property rights and the protection of personal non-property rights.

The protection of a child's property rights primarily concerns the collection of alimony from debtor parents to ensure the child's harmonious development, as well as preventing the eviction of minors from mortgaged housing in cases involving parents who are mortgage debtors.

The protection of a child’s personal non-property rights is achieved through measures such as ensuring the child's removal from harmful environments, establishing visitation rights, and removing obstacles to visitation. The article emphasizes the need for proper reasoning and a robust evidence base when preparing for a child's temporary placement in a children's or medical institution. It is also essential for the debtor to receive a copy of the decision to open enforcement proceedings during the search for the debtor or the child, and to apply to the court for clarification on the visitation process.

Furthermore, the article highlights the necessity of involving professionals such as doctors, teachers, and psychologists in enforcement proceedings to safeguard the rights of minors, ensure their mental and physical well-being, and prevent potential abuse by parties involved in the enforcement process.