With the intervention of the prosecutor’s office, housing rights of a 9-year-old child were restored and the ban on the disposal of the house of her parents deprived of parental rights was imposed.
After examining the observance of the rights of children deprived of parental care in the territory of Uzhgorod district, the prosecutors found out that back in 2012, by the court decision, both parents of a minor girl had been deprived of parental rights. However, the court did not resolve the issue of imposing a ban on the disposal of the parents’ residential house until the child reaches legal age.
This situation contradicts the legislation of Ukraine on protection of property rights of children, in particular, Art. 52 of the Constitution of Ukraine, Art. 25, 29 of the Civil Code of Ukraine, Art. 71 of the Housing Code of Ukraine, Art. 247, 248 of the Family Code of Ukraine.
To restore the rights of the 9-year-old child, the prosecutors requested the court to impose a ban on the disposal of the house belonging to the parents deprived of parental rights.
Uzhgorod city and district court upheld the prosecutor’s action in full, and later the Court of Appeal in Transcarpathian region upheld the decision of the first instance court.
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