Methods to Protect Family Rights and Interests: Problematic Issues of Legal Regulation and Legal Enforcement

The author of the article has defined factors that determine the relevance of studying the issue about the methods to protect family rights and interests of family legal relations’ participants, in particular, the European integration processes of Ukraine, the introduction of the martial law in Ukraine, the recodification of civil legislation of Ukraine. It has been emphasized that it is important to preserve national traditions of regulating family relations within the process of developing and updating the family legislation of Ukraine. The purpose of the article is to identify problematic issues of legal regulation and legal enforcement regarding the methods to protect family rights and interests and to develop suggestions for improving the legal mechanism to protect family rights and interests. The methods of analysis and synthesis, induction and deduction, comparative legal and dialectical methods, the anthropological approach have been used while studying the methods to protect family rights and interests, where the anthropological approach is one of the main methods of scientific cognition and formation of conclusions on studying the methods to protect family rights and interests. The application of the methods to protect family rights and interests is always associated with state coercion. The author has offered to amend the Family Code of Ukraine and grant the court the right to apply the protection methods established by the concert (agreement) of the parties or by law or by the court in cases specified by law. The author has substantiated the expediency of amending the Family Code of Ukraine in regard to: (a) determining the origin of a child born by a surrogate mother when the customer was a single man; (b) establishing the obligation of parents deprived of parental rights to support both adult disabled children, who need financial support, and adult children who continue their studies and in this regard need financial support until they reach the age of twenty-three; (c) the possibility of changing the amount of alimony recovered from adult children for the maintenance of their parents, in case of a change in the financial or family status of a payer or an assignee of alimony, in case of deterioration or improvement in the health conditions of one of them.