LAW OF UKRAINE

of April 19, 2011 No. 3234-VI

About modification of some legal acts of Ukraine concerning enhancement of procedure for provision by guardianship and custody bodies of permissions to transactions of rather real estate of children

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In article 177 of the Family code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, N 21-22, Art. 135):

Part the fourth to replace 1) with two parts of such content:

"4. Permission to transactions of rather real estate of the child is provided by guardianship and custody body after check which is carried out within one month, and only in case of guaranteeing preserving the right of the child to housing.

5. Guardianship and custody bodies can refuse provision of permission to transactions of rather real estate of the child only in cases when by them it is determined that:

1) mother and/or the child's father, which (which which) applied for permission, 164 of this Code are deprived by court of the parent rights according to Article;

2) by court, guardianship and custody body or the prosecutor it is decided the decision on confiscation of the child from parents (or that from them which applied for permission) without deprivation of their parent rights according to article 170 of this Code (is made);

3) claim for deprivation of parents of the child (or that from them which applied for permission) the parent rights by persons specified in article 165 of this Code is submitted to court;

4) person who applied for permission reported about itself the inveracious data having essential value for the solution of question of provision of permission or refusal in its provision;

5) between parents of the child there is no consent concerning transaction of rather real estate of the child;

6) between parents of the child or between one of them and the third parties there is lawsuit of rather real estate the child's parents applied for permission to transaction concerning which (or one of them);

Transaction will lead 7) to narrowing of amount of the existing property rights of the child and/or violation of the interests of the child protected by the law".

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