Procedural peculiarities of consideration by the court of the cases of the establishment of the fact of maternity and paternity

  • T. Kashperska Researcher of the Department of Civil Law and Process of the National Academy of Internal Affairs
Keywords: special proceeding, consideration of cases by court, establishment of the fact of paternity, maternity by the court, persons participating in the case, court decision

Abstract

The scientific article is devoted to the procedural order of consideration of the cases of establishing of the fact of paternity (maternity) by the court. It has been proved that one of the features of special proceedings in cases of establishing of the fact of paternity (maternity) is availability of the exclusive list of substantive grounds for the court to have the right to start proceedings in the case. These grounds are to be regulated by family law and they simultaneously form the list of circumstances that are subject of proof in such cases. There has been determined the subjective composition of persons involved in the cases of establishing the fact of paternity (maternity). It has been proved that the applicants in cases of establishing of the fact of paternity can be: mother, guardian, caretaker of the child, a person who provides and brings up the child, the child who has attained his majority. In the cases of establishing of the fact of maternity the applicants can be: father, guardian, caretaker of the child, a person who provides and brings up the child, the child who has attained his majority. The following persons are the interested parties in such cases: relatives of the probable father (mother) of the child as the establishment of paternity (maternity) fact results in appearance between them and the child the mutual rights and obligations; spouse of the deceased; parents of the deceased; social security authorities if the proceedings started with a purpose to receive pension and so on. There has been specified that the court considers the cases of establishing of the fact of paternity (maternity) like any other cases of special proceedings, in compliance with the general rules, set by Civil Procedural Code of Ukraine, except for competition and limits of court consideration. There have been determined the content features of the operative part of the court decision of establishing the fact of paternity (maternity), which must contain the detailed description of the facts established by the court and the circumstances which prove these facts. It has been reasoned that the court decision of the establishment of the fact, having its legal value, do not substitute those documents issued by mentioned bodies but only act as basis for their issuing. Therefore, if the court establishes the fact of paternity (maternity) the state registration authorities must make the relevant record on the basis of the court decision.

Downloads

Download data is not yet available.

Author Biography

T. Kashperska
Researcher of the Department of Civil Law and Process of the National Academy of Internal Affairs

Abstract views: 126
PDF Downloads: 1102
How to Cite
[1]
Kashperska, T. 1. Procedural peculiarities of consideration by the court of the cases of the establishment of the fact of maternity and paternity. Scientific Herald of the National Academy of Internal Affairs. 95, 2 (1), 145-153.
Issue
Vol 95 No 2 (2015)
Section
Theoretical and practical aspects of legal science
  • Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
  • Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
  • The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.