DETERMINING THE CHILD’S PLACE OF RESIDENCE: CERTAIN ISSUES OF COURT PRACTICE

The family plays a great role both for an individual and for society as a whole. It is the primary link of social groups that form the social structure of any country. It is the family that guarantees the opportunity to provide the child with care and attention, living in proper conditions, maintaining mental and physical health, and guaranteeing spiritual and mental development. The purpose of the article is to analyze the judicial practice in resolving disputes regarding the determination of the child's place of residence and to offer suggestions for improving the legal regulation of these relations. The research materials are normative legal acts and scientific literature in the field of family legal relations, as well as materials of judicial practice on issues of resolving disputes regarding the determination of the child's place of residence, in particular, decisions of the European Court of Human Rights. During the writing of the article, a number of general-scientific and special methods of scientific knowledge were used, among which dialectical, formal-legal, comparative-legal and other methods can be distinguished. Ukrainian legislation needs systemic changes and bringing its norms to the requirements of European standards. The issue of the protection of human rights is particularly acute at the present time. The adaptation of the legislation of Ukraine to the legislation of the European Union concerns, in particular, the right to a family and the protection of children's rights. A wide range of private legal relations leads to an increase in the independence and importance of the role of the court in the legal system of Ukraine. Law enforcement activity makes it possible to understand the effectiveness of the legal norm, the completeness of the regulation of legal relations, and to outline the gaps. In further scientific research, attention should be paid to improving the legal regulation of family legal relations. In further scientific research, attention should be paid to improving the legal regulation of family legal relations. In particular, taking into account the legal positions of the Supreme Court in Article 161 of the Family Code of Ukraine, it is necessary to provide that the court makes a decision on determining the child's place of residence taking into account the best interests of the child.