Legal Aspects Of Unification Of The Legislation On Realization And Protection Of Children's Rights

  • O.O. Shyshchak-Kachak
Keywords: standardization, protection of children, the guardianship authority, services for children, children who find themselves in difficult circumstances

Abstract

The article investigates the current legislation in the field of children's rights and protection and harmonization as an effective way to address the gaps, differences in legal regulation. Through a comparative analysis of the Law of Ukraine «On Protection of Childhood» and other leading regulatory legal acts, the author finds the feasibility of adoption of the single codified Act on the Children's Rights.

The lack of targeted drafting legislation and its chaotic accumulation in the field of legal regulation and implementation of children's rights, led to the emergence of such negative phenomena as legal conflict between normative legal acts, legislative gaps, duplication and outdated law.

At the moment there is problematic legal status of the guardianship and care services for children, Commissioner of the President of Ukraine on children's rights; children of IDPs, children who find themselves in difficult circumstances, children deprived of parental care.

Even taking into account example of several major problems in the area of legislation on child protection, we can come to the conclusion of the need to reform it through unification into a single legal act.

It is impossible to fully streamline existing legislation, to eliminate existing contradictions between the rules of law, to ensure the unity of terminology legislation and to develop and introduce new legal norms and institutions through codification.

The adoption of a single codified Act on the Rights of the Child - is the best way to solve the problem of effective implementation children's rights and improving their legal protection.

Published
2020-01-17