JUDICIAL ESTABLISHMENT OF PATERNITY. JUDICIAL PRACTICE

Abstract

Abstract. The article is devoted to the issues of the legal institution of paternity in the legal systemof Ukraine, the analysis of the procedure for establishing paternity in court, the study of the problems of thisform of paternity and the nomination of ways to solve them. It is determined that the establishment of paternityis part of the institution provided by the law of consolidating the origin of the child from a particular parent.Also, it should be noted that the establishment of paternity, as a legal fact, has great social significance, as itserves as a basis for the emergence of legal relations between parent and child. A study of the establishmentof paternity in court in the legislation of Ukraine and abroad and found that it is one of the foundationsof effective protection of the child, ie the system of state measures to protect the legitimate rights and interestsof the child. The importance and necessity of establishing paternity in court are considered. The most frequentlyasked questions on this topic are analyzed. Attention is drawn to the existing gaps in the legal regulationof establishing the fact of recognition of paternity. The opinions available in the literature on this issue areanalyzed, the case law is studied. The issues of acceptance by the court of all types of evidence of paternity, inparticular the results of medical, biological, genetic examination, are considered. The importance of recognitionof paternity is established, designed to ensure the possibility for a child to exercise the right to know his father,i.e. his origin, the right to upbringing. However, the analysis of the current legislation, case law shows a lot of shortcomings and problems of recognition of paternity in court, which require their elimination. It shouldbe noted that the study of approaches to addressing the issues of recognition of paternity in court indicatesthe need to improve existing legislation.