Protection of the Rights of the Child in the Event of his Removal from the Family: Problems and Prospects for the Development of Legislation
( Pp. 119-124)
More about authors
Natalia V. Letova
Dr.Sci.(Law), Chief Researcher of the Procedural Law Sector
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
Purpose of the study. In the article, the author presents an analysis of article 77 of the Family Code of the Russian Federation, which is devoted to the procedure for removing a child from a family. The author has proved the theoretical inconsistency of this norm, which leads to numerous problems of its enforcement. The absence of clear criteria, grounds that fall under the signs of the term «immediate threat to the life or health of the child» leads to ambiguous practice and the adoption of unreasonable decisions aimed at removing the child from the family. The article substantiates the conclusion about the theoretical and practical expediency of taking into account a specific life situation in the family, not limited to purely formal criteria, which will protect the interests of a child removed from the family. The objective need for reforming the institution of removing a child from a family is proved, Art. 77 of the RF IC, but taking into account the development not only of general trends in family law at the present stage, but also of the constitutional foundations that determine the fundamental rights of every citizen, the protection of which is a priority for the state.
How to Cite:
Letova N. V. Protection of the Rights of the Child in the Event of his Removal from the Family: Problems and Prospects for the Development of Legislation // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 1. P. 119-124. (in Russ.) DOI: 10.33693/2541-8025-2023-19-1-119-124
Reference list:
Nechaeva A.M. Commentary on the Family Code of the Russian Federation. 2nd ed., revised. Moscow: Yurayt, 2009. 559 p.
Avdeeva N.N. Attachment theory: modern research and perspectives / N.N. Avdeeva // Modern foreign psychology. 2017. V. 6. N 2. P. 7–14.
Bespalov Y.F. Some problems of the application of family legislation in terms of state protection and protection of the child in case of an immediate threat to his life or health, and ways to solve them // Family and housing law. 2019. No. 4.
Yakushev P.A. Removal of a child from a family without a court order in the context of the priority of family upbringing of a child as a traditional and legal value // Russian Justice. 2017. N 5. P. 17–20.
Maleina M.N. The prohibition on approaching the offender to the victim as a civil law method of protection // Russian justice. 2019. N 6. P. 11–14.
Khazova O.A. The selection of children: international legal aspects // Family and housing law. 2014. N 2. P. 18–22.
Tsinchenko G.M. Juvenile justice: implementation risks // Management consulting. 2015. No. 8 (80). P. 119.
Kravchuk N.V. Removal of a child from the family: protection of his interests or unreasonable interference with the rights of parents and children? // Family and housing law. 2018. N 3. P. 10–13.
Letova N.V. Marital status of the child: problems of theory and practice. M, 2018. P. 7.
Verin A.Y. The legal status of a minor and the features of its implementation: dis.... cand. legal Sciences. Kazan, 2016. P. 26–27.
Bespalov Y.F. Family legal status of a child in the Russian Federation: monograph. 2nd ed. M, 2013. 240 p.
Sabitova E.N. Forms and methods of protecting family rights under the legislation of the Russian Federation // Modern law. 2015. No. 11. P. 64, 67.
General theory of human rights. \ Ed. E.A. Lukasheva. M, 1996. P. 227.
Krasavchikov O.I. Legal facts in Soviet civil law. M, 1958. P. 50.
Tolstoy Y.K. To the theory of legal relations. Leningrad. 1959. P.3.
Chechina N.A. Civil procedural relations. Leningrad. 1962. P. 56.
Chechina N.A. Selected works on civil procedure. SPb. 2004. P. 73.
Sorokin S.A. The rights of the child in the family. M., 1999. P. 2.
Bespalov Y.F. Domestic violence in the Russian Federation as a vice of life and activity of the family and its members: social and legal aspect // Notary. 2019. N 1. P. 3–15.
Serdyuk L.V. On the protection of children from family violence and the problem of their legal education // Issues of juvenile justice. 2014. N 3. P. 4.
Bruner R.A. On the administrative ban on approaching in the field of counteraction to domestic violence // Modern law. 2018. No. 7–8. P. 7–9.
Popov D.V. General and special in crimes against the family and minors committed through violence in the criminal legislation of Russia and the countries of the European Union // International criminal law and international justice. 2018. N 1. P. 5–10.
Avdeeva N.N. Attachment theory: modern research and perspectives / N.N. Avdeeva // Modern foreign psychology. 2017. V. 6. N 2. P. 7–14.
Bespalov Y.F. Some problems of the application of family legislation in terms of state protection and protection of the child in case of an immediate threat to his life or health, and ways to solve them // Family and housing law. 2019. No. 4.
Yakushev P.A. Removal of a child from a family without a court order in the context of the priority of family upbringing of a child as a traditional and legal value // Russian Justice. 2017. N 5. P. 17–20.
Maleina M.N. The prohibition on approaching the offender to the victim as a civil law method of protection // Russian justice. 2019. N 6. P. 11–14.
Khazova O.A. The selection of children: international legal aspects // Family and housing law. 2014. N 2. P. 18–22.
Tsinchenko G.M. Juvenile justice: implementation risks // Management consulting. 2015. No. 8 (80). P. 119.
Kravchuk N.V. Removal of a child from the family: protection of his interests or unreasonable interference with the rights of parents and children? // Family and housing law. 2018. N 3. P. 10–13.
Letova N.V. Marital status of the child: problems of theory and practice. M, 2018. P. 7.
Verin A.Y. The legal status of a minor and the features of its implementation: dis.... cand. legal Sciences. Kazan, 2016. P. 26–27.
Bespalov Y.F. Family legal status of a child in the Russian Federation: monograph. 2nd ed. M, 2013. 240 p.
Sabitova E.N. Forms and methods of protecting family rights under the legislation of the Russian Federation // Modern law. 2015. No. 11. P. 64, 67.
General theory of human rights. \ Ed. E.A. Lukasheva. M, 1996. P. 227.
Krasavchikov O.I. Legal facts in Soviet civil law. M, 1958. P. 50.
Tolstoy Y.K. To the theory of legal relations. Leningrad. 1959. P.3.
Chechina N.A. Civil procedural relations. Leningrad. 1962. P. 56.
Chechina N.A. Selected works on civil procedure. SPb. 2004. P. 73.
Sorokin S.A. The rights of the child in the family. M., 1999. P. 2.
Bespalov Y.F. Domestic violence in the Russian Federation as a vice of life and activity of the family and its members: social and legal aspect // Notary. 2019. N 1. P. 3–15.
Serdyuk L.V. On the protection of children from family violence and the problem of their legal education // Issues of juvenile justice. 2014. N 3. P. 4.
Bruner R.A. On the administrative ban on approaching in the field of counteraction to domestic violence // Modern law. 2018. No. 7–8. P. 7–9.
Popov D.V. General and special in crimes against the family and minors committed through violence in the criminal legislation of Russia and the countries of the European Union // International criminal law and international justice. 2018. N 1. P. 5–10.
Keywords:
state; a family; family members; family relationships; child; the right to family education; removal of the child from the family; removal of a child; protection of the rights of the child; parental responsibility; guardianship and guardianship authorities; court; legal representatives of the child; the interests of the child..
Related Articles
