04 June 2008, 10:50
Thus, pursuant to the amendments to Article 21 of the Agreement, law enforcement agencies of both countries can take measures to protect rights or property of a minor child in emergency situations.
Pursuant to Article 33 of the Agreement, regulation of legal relations between parents and children refers to the legislation of the State of child´s citizenship. However, it is still possible to refer to the legislation of the State of child´s residence, provided it meets child´s interests. Depending on the minor´s interests, such cases can be scrutinized in the courts of both countries.
The Agreement is supplemented with a new Article 33a that defines conditions of establishment and termination of custody or care over a minor child. The said Article also defines which court should carry out a decision regarding the said cases.
A relevant Bill (Reg. No.0048) was registered in The Verkhovna Rada of Ukraine.