The Specific Nature of Representing Children's Interests under Martial Law
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Date
2023
Authors
Khanyk-Pospolitak, Roksolana
Fedosieieva, Tetiana
Journal Title
Journal ISSN
Volume Title
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Abstract
Russia’s armed aggression, and the subsequent imposition of martial law in Ukraine, made it necessary to move children to safer areas of the country and abroad. This concerns both children who move with family members (not always legal guardians) as well as children who have no parental care during the process. Due to this issue, the representation of children is of particular importance, in particular in connection with changing the place of the child’s residence, its movement, border crossing, registration of status (such as a child with no parental care, an internally displaced person, a person who received temporary protection, a refugee, etc.), as well as a possible appeal to the court in this regard. This article defines the term "child" according to Ukrainian legislation. It is noted that the definition is age-based — these are people under the age of 18. The legislative division of children into "minors" and "underage" affects the scope of their rights and responsibilities. Further on in the article, the powers of various authorities of Ukraine are determined, which stem from the need to protect the rights of children, especially those who are abroad, in particular in relation to interactions with the relevant authorities of the state where the children reside. It is noted who the legal representatives of the child are and what documents confirm the legal representation. Special attention is paid to the legal representation of children without parental care, along with the question of who can represent children if they move to areas where they have no legal guardians. It is noted that, under the conditions of martial law, the procedure for taking a child into family forms of placement (guardianship, care, foster family, etc.) has been significantly simplified. Unlike the situation under usual conditions, representation in times of martial law
is often accompanied by the need to take into account certain special rules introduced during the period of that state, and confirmation of authority can be complicated by actual circumstances (such as evacuation), or the specifics of the settlement of relations of a representative office abroad. At the same time, representation should be carried out with the maximum possible consideration of the best interests of the child.
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Keywords
representation, legal representative, child, martial law, article
Citation
Khanyk-Pospolitak R. The Specific Nature of Representing Children's Interests under Martial Law / Roksolana Khanyk-Pospolitak, Tetiana Fedosieieva // Problemy Prawa Prywatnego Miedzynarodowego. - 2023. - T. 33. - S. 75-93. - https://doi.org/10.31261/PPPM.2023.33.03