Abuse of parental rights: general characteristics, forms, and types

Abstract

The article is dedicated to the author’s perspective on the scientific and legislative resolution of the issue of abuse of parental rights. Special attention is given to the exploration of scientific approaches, national legislation, and judicial practice regarding the definition and use of the term “abuse of parental rights”. The main viewpoints of scholars on the definition of the concept of “abuse of parental rights” are examined. The conclusion is drawn that each scholar reveals the legal nature and characteristics of this legal phenomenon from a specific angle. It is noted that Ukrainian legislation lacks the definition of “abuse of parental rights”, a clear list of parental rights, and the responsibility of parents for causing harm to the child while exercising their rights. The author formulates their own definition of “abuse of parental rights” as the use of parental rights for a selfish purpose to the detriment of the child. Considering the diversity of opinions on the forms and types of abuse of parental rights, a classification is proposed based on criteria such as the list of parental rights in legislation, the content of family relations, and the form of the family. In order to protect the rights and interests of children from the abuse of parental rights, the author suggests enshrining in the Family Code of Ukraine, as well as establishing corresponding sanctions for such unlawful behavior. Depending on the nature and consequences of such behavior for the child, the author proposes to determine the level of responsibility. Concrete proposals for amending current legislation are developed. Specifically, changes are suggested to Ukrainian legislative acts such as the Family Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Criminal Code of Ukraine to establish legal responsibility for parental abuse of rights.