of March 30, 2007 No. 3
About practice of application by courts of the legislation by hearing of cases on adoption and about deprivation and recovery of parent are right
For the purpose of ensuring identical and correct application by courts of the legislation by hearing of cases on adoption and about deprivation and recovery of the parent rights the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:
1. By hearing of cases about adoption and about deprivation and recovery of the parent rights it is necessary to proceed from provisions of the Constitution of Ukraine and to respect the rules of the Family code of Ukraine (further - SK), the Civil code of Ukraine, the Code of civil procedure of Ukraine (further - GPK); the laws of Ukraine of April 26, 2001 No. 2402-III "About child care" and of June 23, 2005 No. 2709-IV "About private international law"; The Conventions on the Rights of the Child, accepted by the 44th session of the United Nations General Assembly on November 20, 1989 (took effect for Ukraine on September 27, 1991), Conventions on legal assistance and legal relations on civil, family and criminal cases (between the CIS countries) of January 22, 1993 (took effect in for Ukraine on April 14, 1995) and the Protocol to it of 1997, Regulations on State department on adoption and protection of the rights of the child approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2006 No. 367; other regulatory legal acts of Ukraine concerning protection of the rights of the child, adoption, guardianship and care.
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