The Legal Mechanism and Consequences of Taking a Child away from Parents or Other Persons in Whose Care He is in a Direct Threat to the Life and Health of the Child
( Pp. 358-364)

Abstract: The article analyzes the legal mechanism and problems of this selection procedure, as well as the consequences of selection. The author states that a child in Russia is guaranteed the right to live and be brought up in a family. But this guarantee does not always come from the priority of the interests of the child and his desire to live, to be brought up in his own family with his relatives who have expressed such an intention. It is necessary to pay attention to the problems of the existing mechanism, since the vectors of its changes broadcast a persistent trend of changing the administrative order to the judicial one, which can overload the judicial system, as well as lead to an expansive interpretation by the law enforcement officer of the existing mechanism of selection and the percentage of appeals, which will also burden the judicial system. As evidenced by the analysis of judicial practice. It is necessary to observe the balance of private and public principles of family law, to specify the existing administrative procedure for the selection of a child through the consolidation in the Family Code of the Russian Federation of the category «immediate threat to the life and health of a child» with its criteria, which will be the most acute and urgent reasons, acting as exceptional measures aimed at protecting the child. Which will allow avoiding an expansive interpretation of this rule by the law enforcement officer in the future.

Shepeleva D.V. The Legal Mechanism and Consequences of Taking a Child away from Parents or Other Persons in Whose Care He is in a Direct Threat to the Life and Health of the Child // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 358-364. (in Russ.). EDN: VBLCOB

Antokolskaya M.V. Family law: textbook. - M.: Jurist, 2002. - 336 p.
Zvenigorodskaya N.F. Problems of terminology in the mechanism of protection of family rights// Family and housing law. - 2009. - № 4. - Рр. 31-36.
Iering R. Interest and right. Applications: 1. Passive actions of the right. 2. Goal in Law: Translated from the German by A. Borzenko. Yaroslavl: Type. Gubernia. Land. City councils, 1880. 300 p.
Kazantseva A.E. Objects of parental legal relations // Objects of civil and family rights under the legislation of the Russian Federation: monograph / otv. ed. Yu.F. Bespalov. M., 2019. - 448 р.
Kozhina Yu.A. Problems of selecting a child with an immediate threat to his life or health // Penal enforcement system at the present stage, taking into account the implementation of the concept of development of the penal enforcement system of the Russian Federation for the period up to 2030. Collection of abstracts of speeches and reports of participants of the International Scientific and Practical Conference on the problems of execution of criminal penalties. – 2022 - Vol. 2. – рр. 1181–1185.
Korkunov N.M. Russian State law. Volume 1: Introduction and general part / N.M. Korkunov. – Second edition. – St. Petersburg: Printing house of M.M. Stasyulevich, 1893. 415 p.
Kosova O.Yu., Kutz T.S. Some aspects of the immediate removal of a child in case of an immediate threat to his life and health // Modern problems of law-making and law enforcement. Materials of the All–Russian Scientific and practical conference within the framework of the Baikal Student Legal Forum. – 2020 - Vol. 2 – pp. 170–174.
Krasheninnikov P.V., Badulina E.V. Support for the institution of the family: constitutional amendments // Family and housing law. - 2020. - № 4. - Pр. 19-24.
Ksenofontova D.S. Family law in the context of the formation of a new social reality: doctrinal principles of law enforcement // Lex russica. - 2021. - T. 74. - № 11. - Рр. 124–133.
Ryzhenkov A.Ya. About the system of family law in the system of law of Russia: questions of theory // The Power of law. - 2019 - №. 2 (38). - pp. 36-49.
Samushkin N.D. Technologies and law: to the formulation of the problem // Gaps in Russian legislation. – 2023. - № 2. – Vol. 16. – pp. 36-41.
Sinyukov V. N. Law of the XX and XXI centuries: continuity and novelty // Lex russica. - 2021. - T. 74. - № 2. - Рр. 9–20.
Smirnovskaya S.I. Features of the legal regulation of the removal of a child from parents (one of them) in case of an immediate threat to the child's life or his health // Proceedings of the Orenburg Institute (branch) Moscow State Law Academy. – 2021. - № 4 (50). – pp. 96-99.
Chashkova S.Yu. Problems of maintenance obligations of parents and children: private law and public law aspects // Law. - 2022. - № 1. - Рр. 46-55.
Chashkova S.Yu. The system of contractual obligations in Russian family law: Abstract of the thesis. ... cand. legal Sciences: 12.00.03 / Ros. legal acad. Ministry of Justice of the Russian Federation. - Moscow, 2004. - 23 p.
Shepelev D.V. Public interest as a legal category // Actual problems of the state and law. – 2017 - № 2. – Vol. 1. – pp. 6-13.
Shepeleva D.V. Features of family legal responsibility in the Russian legal system // Problems of economics and legal practice. – 2023. - № 1. – Vol. 19. – pp. 125–130.

family, family law, child, child removal, immediate threat to the life and health of the child, deprivation of parental rights, public interest, private interest..