Protection of the rights and interests of the child in the event of his removal (removal) from the family

 
PIIS102694520014036-0-1
DOI10.31857/S102694520014036-0
Publication type Article
Status Published
Authors
Occupation: Leading researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: The Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages102-111
Abstract

In the article examines the latest trends in the development of legislation on the removal of a child from parents, presents an analysis of the current norm, identifies the advantages and disadvantages of the current procedure for the removal (removal) of a child from the family. The author presents conclusions about the essence of this measure of protecting a child and the responsibility of his parents, systematizes the legal consequences of such a measure and the differences from other sanctions applied in the field of family relations, analyzes the grounds for applying such a measure in relation to the child's parents

Keywordsfamily state policy, a family, family values, child, removal of the child, removal from the family, legal consequences of taking away, child protection, protection measures, measures of responsibility, preventive protection measures, a responsibility, deprivation of parental rights, sanctions, trends in the development of legislation.
Received11.01.2021
Publication date23.03.2021
Number of characters37239
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1. Bespalov Yu. F. Family violence in the Russian Federation as a vice of life and activities of the family and its members: social and legal aspect // Notary. 2019. No. 1 (in Russ.).

2. Borisov A.N. Commentary to the Federal Law of October 2, 2007 No. 229-FL "On Enforcement Proceedings" (itemized). 2nd ed., rev. and supplemented. M., 2020 (in Russ.).

3. Bruner R.A. On the administrative ban on approximation in the field of combating family and domestic violence // Modern law. 2018. No. 7–8 (in Russ.).

4. Bukshina S.V. Removal of a child in administrative order: grounds, consequences and significance // Issues of juvenile justice. 2014. No. 3. P. 13–16 (in Russ.).

5. Dadayan E.V., Storozheva A.N. To the question of the procedure for the selection of children in case of an immediate threat to the life and health of the child // Trends in the formation of science of the new time: collection of the International scientific and practical conf.: in 4 vols / ex. ed. A.A. Sukiasyan. Ufa, 2014. P. 253 (in Russ.).

6. Damaskin O.V., Krasinsky V.V. On the prevention of "columbine" (school shooting) in educational organizations // State and Law. 2020. No. 11. P. 84–96 (in Russ.).

7. Dedov D.I., Gadzhiev Kh. I. Review of the Decree of the Grand Chamber of the European Court of Human Rights // Journal of Foreign Law and Comparative Law. 2020. No. 3 (in Russ.).

8. Enforcement proceedings: textbook / under the general editorship of V.V. Yarkov. M., 2020 (in Russ.).

9. Codification of Russian Private Law / ed. by D.A. Medvedev. M., 2019 (in Russ.).

10. Krasheninnikov P.V. Does Russia need a new Family Code? // Family and Housing Law. 2017. No 1. P. 3–7 (in Russ.).

11. Krasheninnikov P.V., Badulina E.V. Support of the institution of the family: constitutional amendments // Family and Housing law. 2020. No. 4 (in Russ.).

12. Melnikova M.B. The role of the prosecutor in assessing the legality of taking a child away from parents // Legality. 2018. No. 2 (in Russ.).

13. Nechaeva A.M. Russia and its children: child, law, state. M., 2000 (in Russ.).

14. Popov D.V. General and specific 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. No. 1 (in Russ.).

15. The rights of the child in the Russian Federation and the problems of their implementation / ed. by Yu. F. Bespalov. M., 2019 (in Russ.).

16. Ryzhenkov A. Ya. Implementation of the principle of judicial protection of family rights: problems and prospects // Modern law. 2020. No. 9 (in Russ.).

17. Serdyuk L.V. On the protection of children from family violence and the problem of their legal education // Issues of juvenile justice. 2014. No. 3 (in Russ.).

18. Sitkova O. Yu. Application of operational measures in the implementation of protection of the rights of minors // Family and Housing Law. 2014. No. 5. P. 17–19 (in Russ.).

19. Lavrysen L. Strand Lobben and Others v. Norway: from Age of Subsidiarity to Age of Redundancy? // Strasbourg Observers. 23 October. 2019.

20. Spano R. The Future of the European Court of Human Rights - Subsidiarity, Process - Based Review and the Rule of Law // Human Rights Law Review, September 2018. Vol. 18. Iss. 3. P. 473–494.

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