FEATURES OF EVIDENCE IN CASES OF COLLECTION OF CHILD ALIMONY

Abstract

This scientific article is devoted to the disclosure of the specifics of proof within the scope of consideration of cases on the collection of alimony for child maintenance in the civil justice system of Ukraine. In the light of the process of Ukraine’s integration into the European Union, this topic is extremely relevant and important based on the need to unconditionally ensure the rights of the child against the background of the international community. Relying on the immanent nature of the proof developed and implemented by the author in this scientific work, the elements of proof are analyzed in detail, taking into account the main principles of the civil process, such as adversariality and dispositiveness, which are fully disclosed within the scope of the case consideration in the order of the legal proceedings. The author both epistemologically and empirically shows the intention of the elements of proof by presenting theses, countertheses, arguments, counterarguments within the studied category of cases. Taking into account the practical activity of the author as a lawyer, specific examples of gaps in the current legislation of Ukraine regarding the list of types of income that are taken into account when determining the amount of alimony are given, which not only leads to the ambiguous application of legal provisions, but can also become the basis for the impossibility of collecting a sufficient level of alimony for child support to provide her with the minimum necessities of life. Also, the author, using the example of a specific court case, analyzes the circumstances that are part of the subject of proof in the specified category of cases and the difficulties that the persons who turn to the court and their opponents will have to face in the process of presenting their legal positions, which may be diametrically opposed to each other. On the basis of detailed and in-depth research, the author draws conclusions that are characterized by scientific novelty and specific proposals for improving the current legislation of Ukraine within the framework of civil procedural legislation.