乌克兰战争期间的收养:如何不失去一个孩子

Yuliia Hartman
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引用次数: 0

摘要

背景:在戒严期间,保护儿童权利至关重要。一个关键方面是实现在家庭中抚养孩子的权利,而行使这一权利的方式之一是通过收养。然而,戒严令的实施有许多细微差别和陷阱,需要仔细研究。方法:在这篇文章中,作者对乌克兰在戒严令背景下收养立法的变化以及战时可适用于收养的替代方案进行了全面研究。特别审议了以下问题:养父母与撤离乌克兰境外的被收养儿童团聚;将儿童安置过程转变为数字形式;戒严期间儿童的收养条件和登记;养父母候选人登记的特殊性;戒严期间可以成为养父母的受试者圈子;乌克兰临时安置儿童研究所和戒严期间监护和照料研究所的运作情况;收养案件审理程序的特殊性;以及现有的流离失所儿童国家控制机制。还分析了戒严期间临时安置相对于收养的优势以及目前这方面的做法。此外,文章还提供了关于因全面战争而受害儿童的统计信息、关于家庭养育方式的信息、关于收养案件类别中法院诉讼次数的信息、,以及外国克服“战争儿童”问题的经验。结果和结论:本研究的结果是确定了解决因俄罗斯联邦武装侵略而失去父母的儿童的命运的方法,并澄清了他们在实践中的作用机制。
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ADOPTION DURING THE WAR IN UKRAINE: HOW NOT TO LOSE A CHILD
Background: During martial law, the protection of children’s rights is of the utmost importance. One key aspect is the realisation of the right to raise a child in the family, and one of the ways this can be exercised is through adoption. However, martial law adoption has many nuances and pitfalls that require careful research. Methods: In this article, the author carried out a comprehensive study of both the changes in the legislation of Ukraine in terms of adoption in the context of martial law and the alternatives that can be applied to adoption during wartime. In particular, the following issues were considered: reunification of adoptive parents with an adopted child evacuated outside of Ukraine; transfer of child placement processes to a digital format; adoption conditions and registration of children during martial law; peculiarities of registration of candidates for adoptive parents; circle of subjects who can be adoptive parents during martial law; the functioning of the institute of temporary placement of children in Ukraine and the institute of guardianship and care during martial law; peculiarities of the procedure for trial of adoption cases; and existing national control mechanisms for displaced children. The advantages of temporary placement over adoption during martial law and current practice in this regard are also analysed. In addition, the article provides statistical information about children who suffered as a result of a full-scale war, information about family forms of upbringing, information about the number of court proceedings in the category of adoption cases, as well as foreign experience in overcoming the problem of “children of war”. Results and Conclusions: The result of this study is the determination of ways to solve the fate of children who were left without parents as a result of the armed aggression of the Russian Federation, as well as clarification of the mechanisms of their functioning in practice.
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来源期刊
CiteScore
1.00
自引率
50.00%
发文量
62
审稿时长
6 weeks
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