PECULIARITIES OF LEGAL REGULATION OF THE CHILDREN MAINTENANCE UNDER THE EU LEGISLATION
Keywords:alimony, child-creditor, children maintenance, father-debtor, parents’ responsibility for defaulting the alimony, paternal obligation
Purpose: The purpose is to make comprehensive analysis of the paternal obligation to maintain the children and its role in science and practice of the international private law, making proposals on improvement of the effective legislation of Ukraine in the children maintenance field based on the experience of the EU countries. Methods: are philosophic and world-viewed, general and special scientific methods and approaches that secure objective analysis of the subject. Results: It is more effective to implement collection of the children alimony at the administrative level (like in Great Britain and Latvia), so we propose to create in Ukraine specialized institution empowered to calculate the alimony, search for the debtors, to collect the alimony and apply the appropriate influence on the debtors. Based on the positive experience of some developed countries of the EU we propose to determine in the Family Code of Ukraine the differentiation of the alimony amount to be collected as the fixed cash amount, as follows: from birth to 6 years old (preschool age), from 6 to 12 years old, 12 to 18 years old (by reaching majority). We propose to include the point on consideration of the debtor’s income from lease of real property to the List of Types of Incomes Used during Granting the Alimony Amount. Discussion: This article is devoted to peculiarities of the paternal maintenance in the EU countries that is not typical for Ukraine. The author analyzed special features of work of the Guarantee Fund of Costs for Children Maintenance in Latvia, researched a mechanism of the state maintenance system in Great Britain and Germany. The author also considered the legislation of the Member States of the Organisation for Economic Co-operation and Development (OECD) which have a system of state agencies on the child maintenance that use strict mathematical formulas to calculate the alimony, etc.
Patseva, L. I. Obligations to Maintain the Minors (the Alimentary Obligations): Author’s Abstract on Thesis PhD (Law). M., 1972, P. 3. (in Russian)
Afanasyeva, L. V. The Alimentary Legal Relations in Ukraine: Monograph. MIA of Ukraine, Lugansk State University of Internal Affairs. Moscow, RIO LSUIA, 2006. 224 p. P. 39. (in Russian)
Altman S. A theory of child support. Int. Journal of Law, Policy and the family, Vol. 17. 2003. Р. 200.
Family Law of the Russian Federation and Foreign Countries: the Main Institutions. by editorship of V. V. Zalesskyi. Мoscow, 2005. 310 p., p. 227-240 (in Russian)
Civil Code of Germany: Introduction Law to the Civil Code; translated from German. [V. Bergmann, introduction, compiling]; scientific editors – A. L/ Makovskyi [and others] 2nd edition, amended, Мoscow, Wolters Kluver, 2006. 816 p. P. 407. (in Russian)
Xanthaki H. The judiciary-based system of child support in Germany, France and Greese; an effective suggestion? Access: http://sas-space.sas.ac. uk/335/1/JSWFL.pdf Р. 3- 8.
Clark B. Сhild maintenance and South Africa State. HeinOnline, 8 Int. Law Journal, 2000. P. 311-320.
Parental and Family Responsibilities. 21 Ann. Rev. Population L. 113 (1994-1995). Р. 114¬117.
Tatarintseva Е.А. Rights and Obligations of the Parents under Family Law of the RF and England. Thesis PhD (Law). (Code of Specialty of the HAC: 12.00.03, Specialty: Civil Law; Entrepreneurial Law; Family Law; International Private Law). М. 2004. 215 p. (in Russian)
Standley K. Family Law. 2009. Printed by Cornowell Press Ltd., Trowbridge, Witshire (UK), 485 p.