Legal regulation of foster care of children in Ukraine: gaps and conflicts

Issues of foster care over children have repeatedly been the subject of scientific research. However, both in theory and in practice, there are still many urgent issues that arise from the placement of children in the family of a foster parent. Therefore, it seems necessary to investigate whether changes in the legal regulation of foster care relations have led to improvements in the best interests of children, their special protection and aid. The purpose of this paper was to identify gaps and conflicts in the legal regulation of foster care over children in Ukraine, to identify ways to optimize national legislation in the respective context. Considering the purpose, the research methodology involves general scientific and special methods of cognition of legal phenomena. As a result of the study, it was argued that the legislation, It should, considering the interests of children (parents or their legal representatives) who found themselves in difficult life circumstances, provide for a simplified version of their temporary placement in families not only of foster carers, but also of persons close to them (their families). Furthermore, it is appropriate not to limit the period of stay of the child in the family of a foster parent to three (in some cases – six) months. It should be determined by the guardianship authority depending on the specific circumstances that necessitated such placement of the child. When setting the limits of the foster parent's authority to represent the interests of the child transferred to them, it should be borne in mind that the relevant activity is not a type of legal representation, but is carried out under an agreement. To ensure a unambiguous interpretation of the provisions of the institution of foster care and their application in practice, it is advisable to eliminate contradictions between individual rules of law, to fill gaps in the legislative regulation of foster care relations

Doi: 10.37635/jnalsu.27(1).2020.132-146