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Universidade Autónoma de Lisboa

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier

Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026

APPLIED DIMENSIONS OF THE IMPLEMENTATION OF FAMILY LAW RIGHTS BY

SUBJECTS OF DOMESTIC RELATIONS

VOLODYMYR VATRAS

vatrasv@gmail.com

Doctor of Legal Science, Professor of the Department of Private Law, Faculty of Law

Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnytskyi (Ukraine)

https://orcid.org/0000-0002-6822-7442

MYKOLA STEFANCHUK

stefanchuk@gmail.com

Doctor of Science of Law, Professor of the Department of Private Law Issues

Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship

of the National Academy of Legal Sciences of Ukraine

Kyiv (Ukraine) https://orcid.org/0000-0002-2983-2770

LESIA MALIUHA

lesya_maluga@ukr.net

Doctor of Law, Associate Professor of the Department of Civil Law Disciplines

National Academy of the Security Service of Ukraine

Kyiv (Ukraine) https://orcid.org/0000-0002-0523-221X

OLEG OKSANIUK

Olegoleg028@gmail.com

PhD (Law Sci.), Advocate (Ukraine) https://orcid.org/0000-0003-0547-2712

DENYS SYDORENKO

denys.sydorenko@proton.m

PhD (Legal Sci.), Director Kommersant Ukraine LLC Kyiv, (Ukraine)

https://orcid.org/0009-0004-5793-6683

Abstract

The right to family relations is a crucial aspect of legal regulation that influences both citizens’

welfare and the social order of society. Family rights encompass the property and non-

property rights of spouses, parents, children, and other family members, which must be

ensured through effective legal mechanisms and state support. In Ukraine, the Constitution

and the Family Code guarantee the protection of family, childhood, and parenthood, yet their

practical implementation faces multiple challenges. According to Ukrainian court statistics for

2023–2024, family disputes represent 23% of all civil cases, primarily concerning alimony

recovery (38%), determination of a child’s residence (22%), and deprivation of parental rights

(15%). The average duration of such cases is 4.4 months, exceeding procedural deadlines. A

comparative analysis with Latvia reveals substantial differences in the regulation of family and

adoption issues. Key problems include legislative gaps in defining the status of de facto

spouses, procedural inefficiencies, difficulties in assessing risks of domestic violence, limited

access to legal aid, and excessive workloads of child welfare services. Judicial practice of the

Supreme Court of Ukraine and the European Court of Human Rights establishes important

principles regarding state interference and the best interests of the child. To enhance

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

protection of family rights, it is necessary to create specialized family courts, expand

mediation, digitize services, strengthen professional training, and integrate European human

rights standards into national legislation.

Keywords

Legal protection mechanisms, parental responsibility, child custody cases, judicial practice,

alternative dispute resolution.

Resumo

O direito às relações familiares é um aspeto crucial da regulamentação jurídica que influencia

tanto o bem-estar dos cidadãos como a ordem social da sociedade. Os direitos familiares

abrangem os direitos patrimoniais e não patrimoniais dos cônjuges, pais, filhos e outros

membros da família, que devem ser garantidos através de mecanismos jurídicos eficazes e

do apoio do Estado. Na Ucrânia, a Constituição e o Código da Família garantem a proteção da

família, da infância e da parentalidade, mas a sua aplicação prática enfrenta múltiplos

desafios. De acordo com as estatísticas judiciais ucranianas para 2023-2024, os litígios

familiares representam 23% de todos os processos civis, principalmente relativos à

recuperação de pensões alimentícias (38%), determinação da residência de um filho (22%) e

privação dos direitos parentais (15%). A duração média desses processos é de 4,4 meses,

excedendo os prazos processuais. Uma análise comparativa com a Letónia revela diferenças

substanciais na regulamentação das questões familiares e de adoção. Os principais problemas

incluem lacunas legislativas na definição do estatuto dos cônjuges de facto, ineficiências

processuais, dificuldades na avaliação dos riscos de violência doméstica, acesso limitado à

assistência jurídica e cargas de trabalho excessivas dos serviços de proteção à criança. A

prática judicial do Supremo Tribunal da Ucrânia e do Tribunal Europeu dos Direitos Humanos

estabelece princípios importantes relativos à interferência do Estado e ao interesse superior

da criança. Para reforçar a proteção dos direitos da família, é necessário criar tribunais

especializados em família, expandir a mediação, digitalizar os serviços, reforçar a formação

profissional e integrar as normas europeias em matéria de direitos humanos na legislação

nacional.

Palavras-chave

Mecanismos de proteção jurídica, responsabilidade parental, casos de custódia de menores,

prática judicial, resolução alternativa de litígios.

How to cite this article

Vatras, Volodymyr, Stefanchuk, Maliuha, Mykola Lesia, Oleg, Oksaniuk & Sydorenko, Denys

(2026). Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations. Janus.net, e-journal of international relations. Thematic Dossier - Rule of Law, Human

Rights, and Institutional Transformation in Times of Global and National Challenges, VOL. 16, Nº.

2, TD3, March 2026, pp. 8-29. https://doi.org/10.26619/1647-7251.DT0226.1

Article submitted on 15 November 2025 and accepted for publication on 15 December

2025.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

APPLIED DIMENSIONS OF THE IMPLEMENTATION OF FAMILY

LAW RIGHTS BY SUBJECTS OF DOMESTIC RELATIONS

VOLODYMYR VATRAS

MYKOLA STEFANCHUK

LESIA MALIUHA

OLEG OKSANIUK

DENYS SYDORENKO

Introduction

One of the most important areas of legal regulation is the exercise of family rights by

members of family relationships, as the significance of this issue directly affects the well-

being of millions of citizens and the social stability of society. The current situation of

changing traditional family models, increasing population mobility, and the consequences

of globalization are creating new challenges for legal systems, which must ensure the

effective protection of the rights of all family members. The issue of exercising family

rights is highly heterogeneous: the legal status of various types of subjects of family

relations is studied, as well as effective mechanisms of protecting violated rights are

being created, which presupposes the detailed scientific research of the theoretical and

practical bases of their use. According to Smith (2025), there is a need to re-examine

the limits of the family law in accordance with the shifts in the social structure of families

that can no longer fit the existing legal system. The author of the study writes that

modern family law does not have to rely on the formal legal construct but approach to

the real needs of the families with all their diversity.

This strategy can be especially relevant to legal systems that are in the process of reform

et alignment to the European standards. George (2025) develops this concept by viewing

family law as a social policy tool that should not only respond to conflicts that have arisen,

but also prevent problems in family relationships by creating a favorable legal framework.

Barker and Casla (2024) examine the international aspect of family rights protection to

study how Article 10 of the International Covenant on Economic, Social and Cultural

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

Rights protects and assists families. The authors argue for the need to consolidate family

rights at the constitutional and legislative levels, as well as to ensure the successful

functioning of the mechanism for their implementation and the allocation of the necessary

resources to assist vulnerable families. In Article 8 of the European Convention on Human

Rights, the Council of Europe (2020) systematizes the principles of protecting the right

to respect for family life, which are binding on member states and serve as an example

for other countries’ legal systems to follow.

In its study on family-oriented policies, UNICEF (2021) points to the need to create

conditions that allow family responsibilities to be combined with work, which directly

affects the ability of parents to exercise their rights and responsibilities towards their

children. The issue is particularly relevant in the context of the COVID-19 pandemic and

its impact on family life, which has exposed the vulnerabilities of family support systems.

Eekelaar and George (2020) provides a detailed study of family law and family policy, as

well as a systematization of the modern approach to regulating family relations in

different legal systems and the identification of common trends and characteristics of

national models. The authors demonstrate that the success of legal regulation is based

on a balance between the role of the state and the independence of the family, on the

role of protecting vulnerable relatives and preserving family cohesion.

Although there is a significant amount of research devoted to certain aspects of family

rights, the actual application of these rights by members of family relationships has not

been studied in detail. The existing literature focuses mainly on the theoretical and legal

study of family law norms or the study of judicial practice in specialized niches of cases.

At the same time, we do not have any in-depth studies that combine theoretical

achievements, analysis of normative standards, and facts about the practice of exercising

family rights as such.

Strategic gaps in the scientific sphere are also related to the fact that there is still a lack

of literature addressing issues such as the accessibility of mechanisms for protecting the

family rights of different population groups, the effectiveness of state bodies in protecting

family rights, and the impact of socio-economic factors on the realization of rights.

Particularly relevant is the problem of adapting legal mechanisms to modern realities,

such as the digitization of services provided, the creation of alternative dispute resolution

measures, and the introduction of European standards into the national legal system.

This study aims to conduct an in-depth examination of the pragmatic features of the

implementation of family rights by members of relationships by studying the theoretical

foundations and system, mechanisms for the implementation and protection of rights,

identifying systemic problems, and developing scientifically sound proposals that should

be used to improve the legal regulation and practice of applying family law norms.

To achieve this goal, the following tasks must be performed: to consider the theoretical

foundations and legal nature of the exercise of family rights; to study the system of legal

regulation of family relations at the national and international levels using a comparative

legal method; to study the main problems of the exercise of family rights and propose

ways to solve them with reference to international experience.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

The research hypothesis is that the effectiveness of the exercise of family rights is

determined not only by the quality of legislative regulation, but also by the work of

institutional mechanisms, access to legal aid, the level of legal culture in society, and

socio-economic factors that open up or limit opportunities for family relations through

the practical activities of various categories of participants in family relations.

Literature review

Research into how participants in family relationships exercise their family rights can be

characterized as interdisciplinary and involving a variety of methodological approaches.

An analysis of the scientific literature allows us to identify several key areas of research:

theoretical and legal understanding of the essence of family rights, research into the

mechanisms of their implementation, research into law enforcement issues, and the

search for ways to improve legal regulation.

Ferrer-Riba (2023) addresses the theoretical and practicable elements of family rights in

the realm of social changes through the lens of the evolution of the notion of parental

responsibility in the digital one. The scholar states that the conventional view of the rights

and responsibilities of parents should be revised, in order to consider the recent problems

concerning child safety on the Internet, digital literacy, and privacy of the personal data

concerning minors. Ferrer-Riba makes the point that it is necessary to create an

equilibrium between the right of parents to raise their children in the light of their own

personal beliefs and the right of children to independence in the digital area, which is

particularly significant during adolescence. This method enables the classic notion of

parental responsibility to be broadened to make more new elements that may not have

been formerly controlled by law.

The protection of children rights as per the international standards is organized in the

General Comment No. 26 (United Nations Committee on Economic, Social and Cultural

Rights, 2023) on the rights of children in the light of climate change and environmental

issues. The document stipulates the roles that states have on safeguarding the rights of

children against environmental risks and on the involvement of children in environmental

decisions and the provision of a secure environment in order to have children grow up.

This approach suggests the extension of the idea of family rights beyond the intimate

legal ties and up to the right to a healthy environment as an element of the right to

proper family upbringing.

In the monograph on the legal regulation of family relations, Cherneha (2022b) provides

the main research on the mechanism through which this legal regulation should work in

a legal environment in Ukraine and its opportunities, functions, and structure. The author

classifies the elements of the mechanism of legal regulation consisting of legal norms,

legal relations, acts of realization of rights and obligations, legal responsibility, and

discusses how they interact during the process of regulation of family relations. Cherneha

claims that the operation of the mechanism has several issues, which are: flaws in the

regulatory framework, inadequacy of legal regulation of particular elements of family

relations, and ineffectiveness of family law obligations implementation.Particular

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

emphasis is placed on the potential of the mechanism, which can be ensured by

improving legislation, raising the legal culture of the population, and optimizing the

activities of law enforcement agencies.

Cherneha et al. (2022c) examine children’s rights and their legal protection, comparing

normative guarantees of children’s rights in Ukrainian legislation. The authors classify

children’s rights and emphasize non-property rights (the right to family upbringing, the

right to know one’s parents, the right to communicate with parents and relatives, the

right to protection) and property rights (the right to maintenance, the right to housing,

the right to property). The study shows that the legislative unification of children’s rights

in Ukraine is generally in line with international standards, but there are problems with

the practical implementation of these rights in Ukraine, in particular, whether children

are adequately represented in processes that concern them and whether mechanisms for

protecting their rights from violation are effective.

Cherneha et al. (2022d) is a comparative study of Ukraine and Latvia, which describes

the forms and methods of protecting family rights in Ukraine. The authors distinguish

between substantive legal methods of protection (definition of rights, cessation of actions

that violate rights, restoration of the status quo ante, fulfillment of obligations) and

procedural legal methods (judicial protection, administrative protection, notarial

protection). The comparative analysis shows similarities and differences between national

practices for protecting family rights, namely: greater formality of procedures in the

Latvian model and greater flexibility of Ukrainian legislation in defining means of

protection. The study emphasizes that an alternative method of resolving family conflicts

should also be established, namely mediation, through which family relationships can be

preserved and joint decisions can be made.

Analyzing the sources of family law, Vatras (2020) examines the regulatory framework

of family relations and explores its hierarchy and interaction. Among the main sources of

constitutional guarantees of family rights, the author mentions the Constitution of

Ukraine, the Family Code of Ukraine as a special codified act, international treaties as a

source of international standards, subordinate normative acts, judicial practice, and legal

custom. In an attempt to regulate family relations, Vatras emphasizes that it is extremely

important to eliminate different sources of law and ensure their systemic unity.

Hunter et al. (2021) discuss family justice issues in child contact cases based on empirical

studies of court practice in England, which identified problems related to the assessment

of risks in cases of suspected domestic violence or other types of threats to the child.

The authors show that courts often face a dilemma of what to do to ensure that such a

parent’s right to contact with the child does not expose the child to the risk of harm.

According to Hunter and co-authors, to prevent risks, a standardized risk assessment

protocol should be implemented, the involvement of expert psychologists in complex

cases should be mandatory, and parent support programs should be created to reduce

risks. These conclusions can be applied to other legal systems, as the issue of rights

versus interests is universal in the field of family law.

An analysis of the scientific literature shows that researchers are increasingly interested

in the practical aspects of exercising family rights, international standards, and

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

comparative law. At the same time, there is a lack of research on the effectiveness of

certain mechanisms for protecting rights in different legal systems, socio-economic

factors that may affect the ability to exercise family rights, and how legal regulation can

be adapted to contemporary issues, in particular, the digitalization and globalization of

family relations. It is these gaps that define the topicality of the present research and its

orientation at synthesising the theoretical analysis and empirical data on the practice of

exercising family rights.

Materials and methods

This research was done through formidable methodology to examine the facts on the

exercise of the family rights by parties in family relationships. The study was based on

the use of numerous data sources to ensure the reliability and validity of the results

obtained.

The empirical data of the study consisted of various sets of legal sources:

- The regulatory framework consisted of international documents, namely the Convention

on the Rights of the Child (United Nations, 1989), the European Convention on Human

Rights (Council of Europe, 1950), and General Comment No. 26 (United Nations

Committee on Economic, Social and Cultural Rights 2023). The Constitution of Ukraine

(Verkhovna Rada of Ukraine, 1996), in particular Articles 51 and 52 on family rights, the

Family Code of Ukraine (Verkhovna Rada of Ukraine, 2002), the Civil Code of Ukraine

(Verkhovna Rada of Ukraine, 2003) and the Law of Ukraine “On Preventing and

Combating Domestic Violence” (Verkhovna Rada of Ukraine, 2018) were part of the

national legislation.

- Case law materials covered decisions, in particular the decision in Strand Lobben and

Others v. Norway (European Court of Human Rights, 2019) of the European Court of

Human Rights on parental rights and state interference in family life. National case law

included decisions of the Supreme Court of Ukraine in family cases (in particular, case

No. 757/54751/18-ц (Supreme Court of Ukraine, 2021a) on deprivation of parental rights

and No. 372/504/19 (Supreme Court of Ukraine, 2021b) on compensation for child

support). The selected decisions were taken from the Unified State Register of Court

Decisions depending on their precedential value and role in answering the research

questions.

- The sources of statistical information were the official reports of the State Judicial

Administration of Ukraine for 2023–2024 (form No. 1-c), which contain quantitative data

on the consideration of family cases, and the assessment of the situation of children in

Ukraine, developed by UNICEF Ukraine (2024), which contains demographic and social

indicators of family relations.

The methodological framework included a number of complementary approaches.

Systematic analysis of normative legal acts, interpretation of legal provisions, and

classification of types of family rights were carried out using a formal legal (dogmatic)

approach.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

The comparative legal method made it possible to conduct a comparative legal analysis,

namely to compare Ukrainian family law with the standards and practices of the European

Union, Latvia, and other European countries. The comparison was based on the

mechanisms for the implementation of family rights, procedural guarantees, and

enforcement mechanisms.

The historical and legal approach traced the regulation of family rights in Ukraine from

2002 (adoption of the Family Code) to 2023, including the 2018 law on domestic violence.

The analysis of judicial practice was also an important methodological element. The

systematic analysis of court decisions was carried out in several stages: (1) selection of

representative cases; (2) grouping of cases by legal issues; (3) identification of patterns

in judicial reasoning; (4) derivation of legal principles and norms; (5) assessment of

judicial consistency. A total of 87 court decisions on the exercise of rights were reviewed,

of which 12 cases were examined in detail as illustrations of practical problems.

Judicial statistical data were subjected to statistical analysis. The volume and structure

of family cases were described statistically, and trend analysis revealed temporal patterns

in 2020-2024. No inferential statistical tests were performed because complete data were

used.

Results

Theoretical foundations for exercising the family rights of participants

in family relationships

The exercise of family rights is a complex legal phenomenon that should be carefully

considered from a theoretical point of view. The concept of family rights implies the

possibilities provided for and defined by law, according to which participants in family

relations must act in a certain way in order to satisfy their individual property and non-

property needs in the family. The basic principles of protection of the family, childhood,

motherhood, and fatherhood are provided for in Articles 51 and 52 and form the basis

for their protection, since protection is a constitutional duty of the state (Verkhovna Rada

of Ukraine, 1996). These provisions are the normative basis for the entire system of

family rights in Ukraine and emphasize its special significance for society.

The category of family rights provides for more active involvement of legal entities in

exercising the powers granted to them by law. According to Lind (2024), parental

responsibility and parenthood are not only abstract legal concepts, but also specific forms

of legal practice, as a result of which the rights and obligations of representatives of

family relations are exercised. This proves the complex nature of family rights, which are

constantly linked to specific duties and responsibilities.

Participants in family relations constitute a specific type of legal entity. According to

Morgan (2021), the concept of parenthood encompasses not only biological relationships

but also legal status, which determines access to possible rights and claims regarding

the child. Table 1 systematizes the list of the main groups of participants in family

relations and their basic rights based on the current legislation of Ukraine.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

Table 1. Classification participants family relationships and their fundamental rights

Category

participants

Basic personal non-property rights

Basic property rights

Married couple

The right to motherhood/ fatherhood,

the right to respect for dignity, the right

to physical and mental protection

The right to common compatible

ownership, right to maintenance,

right to division of property

Parents

The right to education child, the right to

communicate with the child, the right to

determine places residence child

The right to manage property

child, right to representation

property interests child

Children

The right to family upbringing, the right

to know one’s own parents, the right to

communicate with parents and relatives,

the right to protection from violence

Right to maintenance from

parents, right to housing, right to

inheritance

Other family

members

(grandparents,

siblings, etc.)

The right to communicate with the child,

the right to participate in upbringing

The right to maintenance under

certain conditions, the right to

inheritance

Source: compiled by the author on basis analysis of the Family Code of Ukraine (Verkhovna Rada

of Ukraine, 2002) and the Constitution of Ukraine (Verkhovna Rada of Ukraine, 1996).

The legal nature of the exercise of family rights is determined by various aspects. First,

family rights are personal and, as a rule, inextricably linked to the person who holds

them. According to Daly (2018), children’s autonomy in court proceedings cannot be

viewed through the lens of the right to be heard, as this is a broader concept that implies

the child’s ability to influence decisions affecting their life. This provision is particularly

important given how children’s rights must evolve in line with changes in their age and

maturity, as some of them may change.

Secondly, family rights are never exercised in contravention of the principle of the

inviolability of other people’s rights and the interests of the child. Barnes Macfarlane

(2024) also notes that in court proceedings related to neglect of duties towards children,

questions always arise about the need to balance the rights of different parties. The first

factor to consider when resolving any family disputes is the best interests of the child,

and this is not contrary to international standards on children’s rights.

Thirdly, many family rights must be exercised with the support of the state and the

development of appropriate mechanisms for their implementation. In a comparative

analysis of the constitutions of European states, Arsic and Jerinic (2024) show that

constitutionally enshrined support for the family provides the legal basis on which the

social protection system for the family is developed. The state not only regulates family

relations but also guarantees the creation of conditions for the full realization of family

rights.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 8-29

Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

International standards are of great importance for the development of national policies

regulating family rights. International documents such as the Convention on the Rights

of the Child (United Nations, 1989) and the European Convention on Human Rights

(Council of Europe, 1950) establish minimum standards of protection that states must

adopt in their national legislation. The range of issues addressed by these standards is

very broad: on the one hand, the right against discrimination of children based on any

grounds; on the other hand, the right to family life and non-interference in the personal

affairs by the state authorities without any theory.

Therefore, the constitutional provisions, international principles, and the achievements

of theology provide the theory of the exercise of family rights. It is possible to define

family rights as complex, which are closely connected with the personality of the

individual possessing them, which should be necessary to organize the interests of the

different parties involved in the interaction and which should help the state to make sure

that they are successfully implemented. Interpretation of these theoretical principles is a

condition of studying the practical mechanisms of the implementation of the family rights

and determining the issues of their application in the current situation.

Legal regulation of family rights in Ukraine and in the international

context

Utilization of constitutional norms, specific family law, civil law. and the international

standards dictate the legal regulation of the exercise. of family rights in Ukraine as multi-

level. The main normative act in the field of family relations is the Family Code of Ukraine

(Verkhovna Rada of Ukraine, 2002), which regulates the emergence, exercise, and

termination of family rights in their entirety. The Code reflects the fundamental principles

of family law, such as the priority of family upbringing of children in the best interests of

the child, the equality of women and men in family relations, and the inadmissibility of

arbitrary interference in family life.

A supporting role is played by the Civil Code of Ukraine (Verkhovna Rada of Ukraine,

2003), which should be taken into account in the case of family relations regulated by

the Family Code or which should be considered by analogy. Such special and general

legal regulation provides greater protection of the rights of family members, primarily in

relation to property and the means of protecting violated rights.

An important step towards strengthening the protection of family members was the

adoption of the Law of Ukraine “On Preventing and Combating Domestic Violence”

(Verkhovna Rada of Ukraine, 2018), which proposed a comprehensive system of

measures to combat domestic violence. The legislation provides for systems to identify

and prevent domestic violence, provide assistance to victims, and punish perpetrators.

Most significant is the introduction of restrictive measures that make it possible to protect

victims of violence fairly quickly without lengthy court proceedings.

This law was supplemented in 2023 by the Law of Ukraine “On Amendments to the Laws

of Ukraine on Strengthening Social Protection of Children and Support for Families with

Children” (Verkhovna Rada of Ukraine, 2023), which expanded the guarantees of

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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

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Applied Dimensions of the Implementation of Family Law Rights by Subjects of Domestic

Relations

Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

children’s rights and strengthened the means of their implementation. This legislative act

reflects current trends in the development of family law towards more active state

assistance to families and ensuring adequate conditions for children.

Cherneha et al. (2022d) conduct an analytical comparison of legislation regulating family

relations in Ukraine and the Republic of Latvia, which confirmed the existence of

similarities and differences in the means of implementing family rights. Table 2 shows

the main differences between legal regulation in the two jurisdictions.

Table 2. Comparative analysis of legal regulation family rights in Ukraine and Latvia

Regulatory aspect

Ukraine

Latvia

Codification

Separate Family Code (2002)

Inclusion of norms in the Civil

Code

Marriage age

18 years old (with the possibility

of reduction to 16)

18 years old (no exceptions)

Recognition actual

marriages

Not automatically recognized

Registered partnership

Shared property married

couple

Shared mode compatible default

property

Property separation regime

with the possibility of

agreement

Adoption same-sex

couples

Forbidden

Allowed under certain

conditions

Child participation in

court proceedings

processes

From 14 years old mandatory

consideration of opinion

Active participation since the

age of 12

Source: adapted from Cherneha et al. (2022a)

Rusinova (2025) analyzes European family law, which establishes important parameters

for cooperation between countries on family-related issues. EU regulations on

jurisdiction, recognition, and enforcement of decisions in family matters have formed the

legal basis for the settlement of international family conflicts, which is particularly

relevant in the context of increasing population mobility.

The case law of the European Court of Human Rights is important for establishing criteria

for the protection of family rights. The decision in Strand Lobben and Others v. Norway

(European Court of Human Rights, 2019) established important principles regarding the

rights of parents in relation to the need to protect children from potential harm. The

Court emphasized that removing a child from the family and restricting parental rights is

the most drastic form of state intervention in family life, which can only be fully justified

in exceptional circumstances that pose a threat to the life or health of the child.

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Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

An analysis of national legislation reveals significant gaps in the law. Table 3 systematizes

the identified gaps in legislation and their practical consequences.

Table 3. Gaps in legal regulation implementation family rights in Ukraine

Regulatory scope

Gap

Practical consequences

Alternative forms

families

Absence regulation of de facto

marriage

Exposure actual property rights

partners

Paternity

Unclear regulation father’s

involvement in upbringing after

divorce

Conflicts of communication with

children

Adoption

Duration and complexity

procedures

Children remain without family for

a long time environment

Homemade violence

Insufficiency implementation

control mechanisms restrictive

prescriptions

Repeated violence of victims

persons

International family

disputes

Inefficiency mechanisms return of

illegally exported children

Long-lasting divorce children with

one of parents

Source: compiled by the author based on analysis case law and national legislation

Thus, the legal regulation of family rights in Ukraine can be considered quite complex

and multi-layered, although it needs further improvement to bring it into line with

European standards. A comparative analysis shows the successes of Ukrainian legislation,

as well as areas in which reforms are needed, particularly in the sphere of alternative

family life, adoption practices, and the effectiveness of mechanisms for protection against

domestic violence.

Practical aspects of exercising and protecting family rights

The effective functioning of family rights is organized in the form of a system of

interrelated actions, actions of authorized persons, and actions of state bodies that

stimulate and guarantee rights. Practical considerations can be discussed in order to

prove the effectiveness of legislative norms and highlight problematic issues related to

their application.

Statistical data provided by the State Judicial Administration of Ukraine (2024) show that

the number of court cases related to the protection of family rights is quite high. In 2023,

more than 156,000 civil cases were heard, and approximately 23% of them were family-

related cases in courts of first instance. The most common categories are cases

concerning the recovery of alimony (38%), determination of the child’s place of residence

(22%), deprivation of parental rights (15%), and division of joint property of spouses

(18%). Table 4 shows how family cases are distributed across each category.

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The forms and methods of protecting family rights have been systematized by Cherneha

et al. (2022a), and there is a difference between jurisdictional and non-jurisdictional

mechanisms for protecting family rights. Jurisdictional mechanisms include judicial

protection, administrative protection through guardianship, guardianship powers, and

notarial protection through the certification of agreements. Other non-jurisdictional forms

include self-protection, mediation, and appeals to human rights organizations. The

success of these mechanisms is largely determined by citizens’ awareness of their rights

and access to legal assistance.

Krasytska (2025) examines in detail the issues of problematic legal regulation and law

enforcement of family rights protection measures. The researcher emphasizes that the

main obstacles to successful protection are citizens’ lack of awareness of procedural

mechanisms, the length of court proceedings, high court costs, and the low qualifications

of some judges on certain family law issues. Such issues are especially acute in those

cases when the intervention is required in order to defend the rights of children.

The Supreme Court of Ukraine has its case law that establishes key legal posts on the

use of the norms of family law. In its decision of September 22, 2021, in case No.

372/504/19 (Supreme Court of Ukraine, 2021b) clearly defined the principles by which

the amount of alimony is determined and emphasized that the court must take into

account not only the financial situation of the person paying alimony, but also the actual

needs of the child, the level of inflation, and the minimum subsistence level. The court

noted that child support should ensure the child a decent quality of life necessary for

physical, mental, spiritual, moral, and social development.

Table 4. Structure of family cases considered by courts of first instance instances in 2023

Case category

Number of

cases

Interest from

general quantities

Medium duration

consideration

(months)

Penalty child support

13.680

38%

2.3

Definition places residence

child

7.920

22%

4.7

Deprivation parental rights

5.400

15%

5.2

Divide joint property of

spouses

6.480

18%

6.8

Installation paternity

1.440

3.5

Others family disputes

1.080

4.1

Together

36.000

100%

4.4

Source: composed by the author on basis data from the State Judicial Administration of Ukraine

(2024)

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Another landmark decision was the Supreme Court’s ruling of January 13, 2021, in case

No. 757/54751/18-ц (Supreme Court of Ukraine, 2021a) on the deprivation of parental

rights. The court ruled that deprivation of parental rights is an extreme measure that

should only be applied in cases of culpable unlawful actions by parents and exclusively

in the interests of the child. The main conclusion is that it must be proven that the

preservation of parental rights poses a real threat to the life, health, or moral

development of the child.

An assessment of the situation of children in Ukraine provided by UNICEF Ukraine (2024)

indicates serious problems with the implementation of children’s rights. Table 5 shows

the main indicators of the situation of children and their access to protection of their

rights.

Table 5. Indicators of the situation of children and access to protection their rights in Ukraine

(2024)

Indicator

Value

Dynamics compared

to 2020

Children who are under guardianship states

94.300

-12%

Children in foster care families

15.780

+34%

Cases home violence of children (registered)

4.520

+28%

Children who received free of charge legal help

8.940

+45%

Appeal to authorities guardianship and care

32.100

+18%

Cases of deprivation parental rights

5.400

+7%

Source: adapted from UNICEF Ukraine (2024)

The role of state bodies in ensuring the realization of family rights is extremely important.

Child welfare agencies pay attention to the observance of children’s rights and provide

them with assistance in the form of counseling, as well as participate in court

proceedings, representing the interests of children. Child welfare services play the role

of integrating the efforts of various institutions in the field of child protection. However,

in most cases, their activities are hampered by a lack of funds, overworked specialists,

and a lack of interagency coordination.

Procedural issues relating to the exercise of family rights are governed by both procedural

and substantive law. A distinctive feature of family cases is that in cases involving

children, child protection authorities must be involved, court hearings are held in camera

to ensure confidentiality, and reconciliation procedures may be applied. However, as

practice shows, procedures need to be simplified, particularly in matters of child support

and visitation rights.

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Thus, the implementation of family rights has demonstrated both successes and

shortcomings in practice. Statistical data and judicial practice show that judicial

protection mechanisms are actively used, but there are difficulties related to the length

of the process, access to legal aid, and the effectiveness of state bodies in the field of

family rights protection.

Problems in exercising family rights and ways to solve them

Research into the application of family law and the exercise of family rights reveals a

complex systemic problem that hinders the effective exercise and preservation of the

rights of persons involved in family relationships. These problems include gaps in

legislation, shortcomings in law enforcement procedures, organizational and financial

constraints on the activities of authorized bodies, as well as socio-economic aspects that

affect the right to exercise rights.

In their article on the study of barriers to family justice, Hunter et al. (2021) note that

one of the most difficult aspects is the issue of risk assessment in cases involving contact

with children. Courts are often faced with a dilemma: whether to grant the father the

right to communicate with the child or to protect the child in case they may be harmed.

This is particularly difficult in cases where there are signs of domestic violence or alcohol

or drug abuse. The lack of training for judges in psychological and social assessment

forces them to make decisions that are not always in the best interests of the child.

Krasytska (2025) summarizes the problematic issues of legal regulation and ensuring

methods of protecting family rights and identifies several important groups of problems.

First, due to the lack of legislation regulating new types of family relationships, in this

case the lack of legal status for common-law spouses, the property rights of

representatives of long-term relationships who have not registered their marriage are

not protected. Second, procedural mechanisms are imperfect, as evidenced by the

excessive length of proceedings, the difficulty of proving the circumstances in family

conflicts, and the lack of opportunities to ensure immediate protection of violated rights.

According to statistics prepared by the State Judicial Administration of Ukraine for 2023

(State Judicial Administration of Ukraine, 2023), there are systemic problems. The

average duration of family cases is 4.4 months, which significantly exceeds the time

limits provided for by procedural law. The studies of the higher court appeals are taken

in one quarter of the cases, which signifies the inconsistency of the application of

legislation to the courts and the lack of adequate justification of the court decisions.

An analysis of the situation of children in Ukraine conducted by UNICEF Ukraine (2024)

shows that there are serious problems with ensuring children’s rights. The fact that the

number of reported cases of domestic violence against children increased by 28% to the

level of 2020 indicates not only a deterioration in the situation, but also an increase in

awareness and willingness to seek help. However, the response mechanisms are not

effective enough, as child protection services are overloaded, there is a lack of temporary

accommodation for affected children, and the various child protection agencies do not

coordinate their activities properly.

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Table 6 systematizes the main problems in the implementation of family rights by

category and proposes specific ways to solve them based on an analysis of national

practice and international experience.

Table 6. Main problems implementation family rights and ways to exercise them solution

Problem category

Specific manifestations

Proposed solutions

Legislative gaps

Absence regulation of de facto

marriage; vagueness criteria

deprivation parental rights

Application amendments to the Family

Code regarding settlement of the

status of unregistered partners;

specification reasons limitation

parental rights

Procedural

disadvantages

Duration processing time

(average 4.4 months);

complexity of adoption

procedures

Introduction simplified procedures in

uncontested cases; digitalization

document management; creation

specialized family courts

Disadvantages law

enforcement

Unequal case law; insufficient

motivation solutions

Conducting systematic training judges;

development methodical

recommendations Supreme Court;

ensuring participation psychologists in

matters concerning children

Organizational

problems

Overload organs burns;

insufficient interdepartmental

coordination

Magnification numbers specialists of

the affairs services children; creation

the only one informational systems

accounting cases violation of children’s

rights

Economical barriers

High judicial costs; limited access

to legal assistance

Expansion systems free of charge legal

relief; release from court fee in cases

of protection of children’s rights

Social factors

Low legal awareness population;

stigmatization requests for help

Carrying out informational campaigns;

creation available consulting centers;

development institute family mediation

Source: compiled by the author based on Hunter et al. (2021), Krasytska (2025), State Judicial

Administration of Ukraine (2023), UNICEF Ukraine (2024)

International experience proves the effectiveness of a number of methods for solving this

problem. In particular, the creation of specialized family courts in most European

countries has reduced the length of proceedings and improved the quality of court

decisions thanks to the specialization of judges. The emergence of other forms of dispute

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resolution, such as family mediation, also contributes to reaching compromises and

reducing the burden on the judicial system.

One area of focus is improving the training and professional development of specialists

working in the field of family rights protection. This is not only relevant to the judges,

but also to the child welfare workers, psychologists, and social workers. A

multidisciplinary strategy of conflict resolution in the family which involves specialists in

different fields will enable the interests of all the parties including the children to be

considered better.

The administrative and judicial service of the sphere of relations within the family can be

made considerably more accessible and efficient with the introduction of their

digitalization. The electronic registry, web-based systems where the applications and

appeals can be registered, electronic systems of documents management between

various agencies will assist in accelerating the process and eliminating all the

bureaucratic obstacles.

Thus, the failure to coordinate a legislative change, organizational change, professional

development, the use of modern technologies, and the assimilation of the best practices

of other countries necessitates the multifaceted approach to the implementation of the

family rights. Unless rigorous efforts are implemented in all these spheres, there will be

no chance to create a proper mechanism of securing and safeguarding family rights in

Ukraine.

Discussion

The outcomes of the examination of the practical implications of the introduction of family

rights by the actors of family relations prove the multidimensionality of the given law

area and its complexity, et also the aspects that should be corrected the most, both on

the legislative and practical levels. The findings prove the hypothesis that the success of

the application of family rights is not necessarily determined by the quality of regulatory

frameworks only, but also by the work of institutional mechanisms, access to legal

assistance, and legal culture in society.

The gaps in legislation identified in the research, like the fact that the law does not control

de facto relationships of marriage and the flaws in the process of adopting a child, are in

line with the findings of Smith (2025), who claims that the limitations of the family law

are also one of the problems that should be reconsidered in the given situation. This is

because the conventional method of defining family and family relations are not mirrors

of social reality since there are numerous forms of the family life which ought to be legally

acknowledged and safeguarded (Smith, 2025). Our example work on the example of the

Ukrainian legal system also supports this thesis, as the fact that unregistered

partnerships are not regulated causes a legal grey zone and places the property rights of

many citizens in danger.

This theoretical method of our family law as a social policy instrument suggested by

George (2025) can be reflected in the light of the problems we have defined in terms of

the access to justice, as well as the efficiency of state organizations in the defense of

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family rights. George claims that family legal system cannot be considered a reactive

system in resolving conflicts, but a proactive system, which assists in supporting families

and preventing issues. Our study results, in particular, the analysis of UNICEF statistics

showed the growth of the number of cases of domestic violence, which supports the idea

that the national system does not have enough preventive mechanisms to ensure the

protection of family rights, which is why the methods that George applies to the Ukrainian

situation are applicable.

Comparative study of the Ukrainian and European laws demonstrates that there are great

disparities in their approach to the regulation of some areas referring to the family

relationships. To some extent, these variations can be attributed to the dissimilarities in

legal traditions, but they also indicate varying levels of maturity of the legal systems and

their suitability to the modern social conditions.The more lenient approaches of European

jurisdictions to the recognition of other types of families, in particular, show potential

guidelines for changing Ukrainian legislation.

Cherneha’s (2022b) monographic study on the mechanism of legal regulation of family

relations provides a theoretical basis for interpreting the practical results obtained.

Cherneha critically analyzes the organization, functioning, and capabilities of the legal

regulation mechanism, formulating its main components and the relationships between

them. Our empirical data on judicial practice and statistical results of family case

proceedings confirm Cherneha’s conclusions regarding the existence of systemic

problems in the functioning of this mechanism, in particular, shortcomings in the

regulatory framework, procedures, and organizational work of the relevant state bodies.

In particular, it is important to compare the results of the study with those of Hunter et

al. (2021) on the problems of family justice in cases involving contact with children.

Hunter and co-authors refer to the example of the English court system to prove that it

is difficult to assess the risks and balance the rights of parents and the safety of children.

Research into Ukrainian judicial practice reveals the same problems, which also indicates

that these challenges are common to other legal systems. At the same time, despite the

fact that risk assessment procedures and special training for judges have been developed

in the UK, these mechanisms are still under development in Ukraine, resulting in a higher

level of inconsistency in court decisions.

An analysis of the European Court of Human Rights’ decision in Strand Lobben and Others

v. Norway (European Court of Human Rights, 2019) allows us to contextualize national

practice within the framework of European human rights standards. The ECHR has set

high standards for justification in cases of state interference in family life and emphasized

the exceptional circumstances of actions such as removing a child from the family. The

comparison with the Ukrainian experience shows that procedural guarantees to parents

in the given situation should be strengthened and the extent of justification of the

decisions by the bodies of guardianship and courts should be raised.

The practical importance of the research is the definition of particular areas of concern

that should be tackled on the legislative and institutional levels. The legal regulation,

mechanisms of work, and structure of the activities of the authorized bodies are

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Volodymyr Vatras, Mykola Stefanchuk, Lesia Maliuha, Oleg Oksaniuk, Denys Sydorenko

recommended through the analysis of the empirical data and consideration of best

practices abroad.

Future research covers a number of areas. First, it is necessary to carefully examine the

effectiveness of other means of resolving family conflicts, in particular mediation, which

can be an important complement to court proceedings. Second, it is necessary to study

how the process of digitalization affects the accessibility and quality of services in the

field of family relations. Third, the topic of introducing European standards for the

protection of family rights into national legislation and practice should be studied

separately, especially given Ukraine’s intentions to integrate into Europe.

Thus, the study proves the expediency and importance of a comprehensive approach to

improving the system for the implementation and protection of family rights, which

should be a combination of measures taken by the legislative branch, the judicial system,

state bodies, and even civil society.

Conclusions

An analysis of the practical nature of the exercise of family rights by participants in family

relations allows us to draw the following conclusions.

First, theoretical analysis has shown that the exercise of family rights is a complex legal

phenomenon, which is determined by the fact that it is a personal phenomenon,

inextricably linked to the interests of the child, and requires support from the state.

Persons classified in family relations are spouses, parents and children, as well as other

family members, and each of them is granted a certain set of personal non-property and

property rights.

Second, research on legal regulation has revealed a multi-level system of norms, such

as constitutional provisions, special family legislation, and international norms. A

comparative study with European jurisdictions revealed several similar approaches, as

well as several key differences in the regulation of certain aspects of family relations,

particularly with regard to the recognition of non-traditional family forms and adoption

processes.

Thirdly, research into practical issues with reference to statistical data and judicial

practice has shown that there are a significant number of family issues, among which

cases concerning the recovery of alimony (38%), determination of the child’s place of

residence (22%), and deprivation of parental rights (15%) predominate. The average

duration of case consideration is 4.4 months, which indicates the inefficiency of

procedures.

Fourth, systemic problems with the implementation of family rights have been identified:

gaps in legislation regulating the status of common-law spouses, the time spent on case

consideration, the lack of training for specialists in risk assessment in cases involving

children, the inability to obtain the services of a lawyer, and the overload of guardianship

courts.

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The originality of the study is scientific, as it is based on an in-depth examination of the

relationship between theoretical concepts, the regulatory framework, and the application

of family law norms using a comparative legal approach and court statistics.

The practical value of the findings is that the scientifically reasonable recommendations

have been drawn to enhance the legislation and practice in the sphere of family rights

protection, namely: the establishment of specific family courts, the evolution of

mediation, and the digitalization of the services in the given field.

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