Issues of application of Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction by the USA courts in cases of relocation of children to USA from States, not participating in the Convention
( Pp. 321-329)

Aim. The aim of the research is to provide an analysis of dispute, considered by the USA court of the USA and dealing with the relocation of the child by one of the parents from the territory of Japan to the territory of the USA, as an example of “filling the gap” in the legal regulation of situations, to which the 1980 Hague Convention on the Civil Aspects of International Child Abduction (hereinafter - 1980 Convention) does not apply. In particular, the article considers the issues of application of national family legislation of the USA to facilitate the process of returning the child, removed to the USA from the State not party to the Convention. The research works of Russian legal scholars are mostly considering the issues of application of the 1980 Convention, including challenges facing the practical enforcement of this international treaty in the territory of the Russian Federation. Meanwhile, little attention is given to examination of situations of international abduction of children, relating to the State not party to this treaty, and the ways of their solution. In this relation the conduct of the mentioned research with the example of consideration by the USA court of the dispute on transnational child abduction represents a value in terms of searching for legal ways of resolution of situations of international abduction of children with the participation of States, in which relations with the Russian Federation the 1980 Convention does not apply, especially regarding the relations between Russia and the USA. Methodology. To achieve the aim of the research general scientific methodological approach, that allows to determine the scope of the study, to clarify the basic concepts and categories related to the resolution of disputes on international child abduction, identifying key conceptual aspects of the research topic, was used. The study applied scientific methods of cognition, such as analysis and synthesis, generalization, dialectical. Special methods of science were also widely used, such as legal and technical method and comparative law method. Results. The decision of the USA court that was examined in the present article provides for the legal mechanism of resolution of situations, when the child was abducted from the State (Japan), who was not a party to the1980 Convention at the time of the illegal relocation, and moved to the USA. In the analyzed dispute the US court applied the US Uniform Child-Custody Jurisdiction and Enforcement Act (hereinafter - UCCJEA), pursuing objectives similar to those of the 1980 Convention, and ensuring that the decision to establish custody of the child will be made in the country where the child was habitually resident. This mechanism offers a way to resolve international child abduction cases, which may be applied in the United States by both US citizens and foreign nationals in cases, where the 1980 Convention can not be applied. The example of resolution of these situations, provided in this article, can be useful for solution of similar disputes concerning not only the United States, but also other States Parties to the Convention in 1980 (such as the Russian Federation). Possibility of future use of the results of scientific work. The analysis conducted may form a basis for further research of issues of practical application of the 1980 Convention and alternative methods of resolution of situations of international child abduction, when this Convention is not applicable. The practical significance. Results of the study may be useful in situations of international child abduction of children related to the Russian Federation and States, in relations of Russia with which the 1980 Convention is not applicable. The results of research may be useful in the activities of State bodies, involved in the resolution of situations of international child abduction, including the Central authorities of the States parties to the 1980 Convention. Value. The results of the research may be applied in the activities of the relevant Russian state organs, including the Ministry of Education and Science, the Ministry of Foreign Affairs, courts, guardianship authorities, bodies of the Federal Bailiff Service.

Abashidze A.H., Gugunskiy D.A., Keburia K.A., Koneva A.E., Solntsev A.M., (2016), ISSUES OF APPLICATION OF HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION BY THE USA COURTS IN CASES OF RELOCATION OF CHILDREN TO USA FROM STATES, NOT PARTICIPATING IN THE CONVENTION. Gaps in Russian Legislation, 8 => 321-329.

Abashidze A.KH., Keburiya K.O., Koneva A.E., Solntsev A.M. Voprosy sotrudnichestva Rossii s gosudarstvami - chlenami ES v ramkakh realizatsii Konventsii o grazhdansko-pravovykh aspektakh mezhdunarodnogo pokhishcheniya detey 1980 g. // Evraziyskiy yuridicheskiy zhurnal. 2015. N 10. S. 35-38.
Atkinson, J. (2011) The meaning of habitual residence under the Hague Convention on the civil aspects of international child abduction and the Hague Convention on the protection of children , Oklahoma Law Review 63, 647-662.
Blumberg, D. A. (2013) The uniform child custody jurisdiction and enforcement act: a focused introduction . See http://uccjea.net/resources/documents/lecture-outline. pdf.
Morley, J. D. (2013) The impact of foreign law on child custody determinations , Journal of Child Custody 10(3-4), 209-235.
Shuz, R. (2001) Policy considerations in determining the habitual residence of a child and the relevance of context , Journal of Transnational Law and Policy 11, 101-161.

children's rights, international child abduction, The Hague Convention on the civil aspects of international child abduction 1980, Russian Federation.