LEGAL REGULATION OF THE SUPPORT OF ENABLE PARENTS IN THE COUNTRIES OF THE EUROPEAN UNION

Abstract

The article examines the legal regulation of the maintenance of incapacitated parents in the countries of the European Union. Legislative approaches to ensuring material support for elderly and incapacitated persons by their adult children, as well as mechanisms for implementing these obligations, are considered. Particular attention is paid to a comparison of different legal systems, including continental and Anglo-Saxon law, which approach issues of family responsibilities differently. The article also analyzes the role of the state in ensuring social protection of the elderly and the interaction of private and public forms of responsibility for their maintenance. The authors address key issues in this area, in particular, the balance between the personal responsibilities of children and state guarantees, and offer recommendations for improving legal regulation in the EU member states. The issue of gender equality in the context of fulfilling parental maintenance obligations is separately considered, after which in many EU countries the majority of services for elderly children are provided by women. The practice of judicial consideration of cases on the fulfillment of parental maintenance obligations in different jurisdictions is analyzed. Particular attention is paid to social, cultural and economic factors that influence the implementation of such obligations. The article provides examples of best practical and innovative approaches that may be useful for other EU countries. The focus is on the specifics of the implementation of legal regulation in the context of a crossborder family, which is becoming increasingly relevant due to the mobility of EU citizens. It is analyzed how different states take into account the principles of subsidiarity and proportionality when resolving the issue of mandatory parental maintenance. The study highlights the issue of the interaction of national legal norms with international standards, such as the European Social Charter, as well as with the recommendations of international organizations, in particular the Council of Europe. The emphasis is placed on legal gaps and challenges that apply in the process of implementing these norms, in particular in connection with the different levels of social security in the EU Member States. It is concluded that the legal regulation of the obligation of adult children to support their disabled parents in the countries of the European Union varies significantly. However, in all countries the moral obligation of children to take care of their parents remains, which reflects deeply rooted family values and traditions.