Features of Legal Regulation of Disputes About Children, Domestic and Foreign Experience
( Pp. 76-81)
More about authors
Denis Yu. Petrov
senior lecturer of issues at the Department of Management state and municipal property, expert of the scientific and educational center "Management of State and Municipal Facilities"
The Russian Presidential Academy of National Economy and Public Administration
Moscow, Russian Federation Ilya V. Ushankov
Russian Presidential Academy of National Economy and Public Administration (The Presidential Academy
RANEPA), Moscow, Russian Federation Nikolay A. Filippov
The Russian Presidential Academy of National Economy and Public Administration
Moscow, Russian Federation Ilya V. Ushankov
Russian Presidential Academy of National Economy and Public Administration (The Presidential Academy
RANEPA), Moscow, Russian Federation Nikolay A. Filippov
Abstract:
Abstract: This article examines the features of the legal regulation of litigation related to the upbringing and communication of children after divorce proceedings. The authors analyze various aspects, including establishing the child’s place of residence, resolving issues related to communication with parents and other relatives, as well as taking into account his interests and opinions. The findings are based on a review of existing legislation, case law and academic research in the field of family law. The authors highlight key principles and norms that should be taken into account when resolving disputes about children, such as: the principles of the best interests of the child, equal rights of parents and respect for the child's rights to communicate with both parents. Researchers examine various approaches to resolving disputes about children, including litigation, mediation, and alternative conflict resolution. Focusing on improving legislation and judicial practice in our country to ensure fair and effective regulation of such disputes, taking into account the characteristics of the specific situation and the needs of each child.
How to Cite:
Petrov D.Yu., Ushankov I.V., Filippov N.A. Features of Legal Regulation of Disputes About Children, Domestic and Foreign Experience // Gaps in Russian Legislation. 2023. Vol. 16. №7. Pp. 076-081. (in Russ.). EDN: REZBKO
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Dergunova V.A. Features of the use by courts of the Declaration of the Rights of the Child when resolving disputes between parents about the place of residence of children / V.A. Dergunova // Lawyer. - 2016. - No. 11. - P. 50–54.
Kravchuk N.V. Convention on International Child Abduction: legislative problems and prospects for implementation / N.V. Kravchuk // Family and housing law. — 2013. — No. 1. — pp. 12–17.
On the practice of courts applying legislation when resolving disputes related to the protection of the rights and legitimate interests of a child in the event of an immediate threat to his life or health, as well as in the case of restriction or deprivation of parental rights: Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 14, 2017 No. 44.
Safuanov F.S., Kharitonova N.K., Rusakovskaya O.A. Foreign practice of participation of psychologists and psychiatrists in legal disputes about children // Legal psychology. – 2009. – No. 1. – P. 38-48.
Safuanov F.S., KHaritonova N.K., Rusakovskaya O.A. Zarubezhnaya praktika uchastiya spetsialistov psikhologov i psikhiatrov v sudebnykh sporakh o detyakh // YUridicheskaya psikhologiya. 2009. № 1. S. 38-48.
Keywords:
judicial disputes, disputes about children, motherhood, paternity, determination of the order of communication with a child, determination of the child’s place of residence, Guardianship and trusteeship authorities, Federal Penitentiary Service..
