К вопросу об эффективности судебной защиты прав и интересов несовершеннолетних

Abstract

The author attempted to identify and examine some aspects characterizing the effectiveness of judicial protection in the context of ensuring the rights and interests of minors when courts consider disputes affecting their interests. In particular, the article examines the substantive and procedural rules to be applied when courts consider cases on the dissolution of marriage of spouses with common children. The author emphasizes that the absence of a dispute over determining the place of residence and the procedure for communicating with the parents (or one of them) during the dissolution of the parents' marriage is often accompanied by a violation of the rights and interests of the child, in particular, the child's right to be heard in court, the right to communicate with each of the parents, etc. The conducted research allowed the author to draw a conclusion about the formal and actual priority of the rights and interests of the spouses-parents dissolving the marriage, and also to express doubts about the effectiveness of judicial protection of the rights and interests of the child when courts consider cases on the dissolution of the marriage of his parents.