APPLIED DIMENSIONS OF THE IMPLEMENTATION OF FAMILY LAW RIGHTS BY SUBJECTS OF DOMESTIC RELATIONS

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 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.