The article examined the problematic issues that arise when individuals (debtors) exercise their right to protection within the framework of the writ proceedings in cases of collecting alimony for a child (children). The existing problematic issues of review of court orders issued on the basis of the requirement to recovery of maintenance for the child (children) are considered. Analyzed the procedural aspects of possible views of the category of civil cases mentioned, namely: Review by newly revealed circumstances; appeal with a claim to reduce the size of child (children) alimony or to exempt from payment of child (children) alimony, which are implemented in the procedure of legal proceedings; review the order as an executive document and recognize it as non-executing. It has been established that in practice the check on the absence of preconditions for the right to appeal to the applicant to the court on the issue of a court order on the collection of aliments for the maintenance of minors (child), as a rule, courts are not conducted. The decision to refuse to issue court orders on the basis of 1 p.m. 1 p.m. 165 the Civil procedural Code of Ukraine concerning failure to comply with this requirement is almost absent.

The purpose of the article is to define the existing types of revision of cases of the writ proceedings concerning the requirement to recovery of maintenance of a child (children) and to introduce scientifically based recommendations on improvement of civil procedural legislation in this part. It is justified to introduce changes to the Civil procedural Code of Ukraine concerning granting the right of the debtor to review the court order on collection of aliments from him for the child(s) under the general review procedure, which is provided for all other cases of the writ proceedings. In addition, it is proposed to strengthen a stable legal position on introducing a procedure for reviewing cases of writ proceedings against alimony for a child (children).

It is shown that in order to maintain the accessibility of justice and the legality and substantiation of court decisions it is necessary to define more clearly in the legislation the procedure of review of court orders issued concerning requirements on collection of aliments for a child (children). This can be done by the Supreme Court by explaining, generalizing, establishing the appropriate legal position, defining in the Plenum’s resolution the possibilities of consideration and grounds for satisfaction of the applications on recognition of court orders issued regarding claims of alimony for a child(s) that are not subject to execution. It can also be done by making relevant amendments to the articles of the Civil procedural Code of Ukraine.

Bibliography

Edited books

1. Husarov K (red), Tsyvilnyi protses: navch. posib. dlia pidhotovky studentiv 3-ho ta 4-ho kursiv bakalavratu (Oberih 2020) (in Ukrainian).

2. Komarov V (red), Tsyvilne sudochynstvo Ukrainy: osnovni zasady ta instytuty (Pravo 2016) (in Ukrainian). 3. Vasylyna N, Hulko B, Kot O (red), Tsyvilnyi protsesualnyi kodeks Ukrainy: naukovopraktychnyi komentar (Dakor 2021) (in Ukrainian).