Peculiarities of the Judicial Practice of the European Court of Human Rights in Considering Cases Related to the Determination of the Place of Residence of the Child in Prize

The article considers the legal regulation of relations related to the determination of the child's place of residence in the case of separate residence of the parents. These include examples from the case law of the European Court of Human Rights on the issue of determining the child's place of residence in the case of separate residence of parents and the impact of the ECtHR's activities on national law, in particular case law. The ECtHR emphasized that in all such cases it was important to decide what was in the best interests of the child. Today, there is a broad consensus, including in international law, to support the idea that in all decisions concerning children, their best interests must be paramount. The diet is called the primacy of the interests of the child. However, the ECtHR noted that in determining the best interests of the child in each case, two aspects must be taken into account: first, the best interests of the child are best suited to maintaining his or her family ties, except when the family is particularly unfit. or unfavorable; secondly, it is in the best interests of the child to ensure that he or she develops in a safe, calm and stable environment that is not unreliable. All the circumstances of the case must be taken into account in order to reach an objective and fair court decision on the case. The relationship between the rights of the father and the mother in deciding on the determination of the child's place of residence by one of the parents is considered. The main aspects of the legal regulation of these relations in terms of interpretation of the ECtHR are revealed. A legal analysis of the relationship between domestic case law and the case law of the European Court of Human Rights is made. As Ukraine has recognized the ECtHR as a body that competently interprets the provisions of the Convention, its decisions and assessments should be binding, in particular on the Supreme Court of Ukraine, which reviews previous ECtHR decisions on these applicants. At the same time, we must be guided by the most important lever in this matter - Article 8 of the Constitution of Ukraine, which emphasizes that the principle of the rule of law is recognized and operates in Ukraine, and the Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it, therefore the content of Art. 51 of the Constitution of Ukraine, which guarantees equal rights and responsibilities of spouses in marriage and family