Scientific Journal of the National Academy of Internal Affairs

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Vol. 22, No. 3, 2017
  • persons involved in cases, the disputes of maternity, the disputes of parenthood, plaintiff, defendant, third parties, representatives, bodies and persons authorized by law to protect the rights, freedoms and interests of other persons.
  • Pages 155-164

The scientific article is devoted to the study of the composition of persons involved in cases concerning the disputes of parenthood and maternity. As a result of the analysis of the scientific doctrine and the civil procedural legislation of Ukraine, the parties are identified as the main participants in civil cases on paternity and maternity disputes, as well as other persons involved in these cases. It has been established that, in contrast to other cases that are hearing in the lawsuit proceeding, the list of proper plaintiffs in the cases concerning the disputes of parenthood and maternityis determined by the substantive law – the Family Code of Ukraine. It is proved that the defendant in cases concerning the disputes of parenthood and maternityis determined on the basis of who is the plaintiff in the case. For example, if a lawsuit is filed on a parenting dispute with a woman who gave birth to a child in marriage, the plaintiff’s husband will be the defendant if he is recorded by the child’s father in the birth statement of the child. If the plaintiff in the case on the challenge of motherhood is a woman who considers herself the mother of a child, the defendant in such case will be a woman who is recorded as the mother of the child in the statement of birth, etc. Thus, the composition of the persons involved in cases concerning the disputes of parenthood and maternity is formed by: parties, third parties, representatives of parties and third parties, as well as bodies and persons authorized by law to protect the rights, freedoms and interests of other persons. At the same time, the individual composition of persons involved in each particular case is determined depending on the subject and the basis of the lawsuit. 

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