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This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Ukraine ratified the Convention on the Rights of the Child (CRC) and automatically incorporated it into national law in 1991. The CRC is directly enforceable in Ukrainian courts and takes precedence over national law if there is a contradiction between the two. Additionally, Ukraine has incorporated specific provisions into its legislation. The general rule is that only persons of legal age can bring claims to court on behalf of a child. However minors from the age of 14 onwards can carry out their civil procedure rights if they are directly involved in the case. They can also directly seek a remedy in a family court. A child of any age can report to an investigator or prosecutor about a criminal offence. Children can appeal through a representative to the Ukrainian Parliament Commissioner for Human Rights, for the protection of their constitutional rights and freedoms. The Commissioner can also request judicial review from the Constitutional Court of the constitutionality of a law or legal act. Anyone is entitled to challenge in court an unconstitutional decision, acts or omissions of an authority through domestic means or an appropriate international institution that Ukraine is a member of.
