The Law (Reg. No.0981) was adopted by The Verkhovna Rada of Ukraine on 1 October 2008.
Although the President deems necessary to enhance the mechanism of protection of rights of the children who are exploited by their parents for illegitimate activities, he failed to uphold the method of settlement of this issue envisaged by the Law.
Pursuant to the President´s motions, the amendments introduced to the Criminal Code of Ukraine establish a new type of penalty deprivation of parental rights, which can be imposed as an extra penalty on persons found guilty in crime. However, the Law fails to envisage any amendments to the sanctions of articles of the Special Part of the Criminal Code of Ukraine, which makes it impossible to use deprivation of parental rights as an extra type of penalty for a committed crime. The Law defines that deprivation of parental rights can be used on the grounds and under the procedure defined by the Family Code of Ukraine.
The Head of State also stated that the Law failed to settle the issue concerning possibility and procedure of restoration of parental rights, in case the deprivation occurred within the scope of criminal proceedings.
Therefore, the President suggests that Clauses 1, 2, 3 of Article 1 should be excluded from Chapter 1 of the Law.