Legal problems of extrajudicial removal of a child: Soviet legacy, current state and legislative prospects
https://doi.org/10.25205/2542-0410-2023-19-4-69-76
Abstract
The article analyzes such a measure as the removal of a child by decision of the guardianship and trusteeship authorities, which was allowed in 1927–1968, after which it was canceled, and since 1996 it has returned to family law and has become allowed not in all cases of inappropriate parental behavior, but only if there is an immediate threat to the life and health of the child. An assessment is also given of bills devoted to reforming the norms of the Family Code of the Russian Federation on the removal of a child by decision of the guardianship and trusteeship authorities. The article presents arguments in favor of the legislative idea of the need to deprive guardianship and trusteeship authorities of the powers to independently extrajudicially remove a child from the family and leave these powers only to police officers.
About the Author
E. E. LekanovaRussian Federation
Ekaterina E. Lekanova, Postgraduate
Yaroslavl
References
1. Parchment A. I. Parental rights and responsibilities // Lenin’s ideas and new legislation on marriage and family: abstracts of reports of a scientific conference dedicated to the centenary of the birth of V. I. Lenin. Saratov. 1969. Р. 26–34.
2. Semenyako E. M. Arbitrariness of guardianship and trusteeship bodies // Scientific journal of young scientists. 2017. Р. 148–152.
3. Kursanov A. A. Selection of a child according to modern Russian legislation // National humanitarian knowledge: collection of scientific works. T. 3. Rostov-on-Don: Interplay, 2019. Р. 129–135.
4. Dorzhieva S. V. On the issue of immediate removal of a child from parents // Current problems of modern legal science and practice: materials of the International scientific and practical conference (June 14, 2017). Ulan-Ude: Buryat State University Publishing House, 2018. Р. 200–204.
5. Solovyova A. E. Comparative legal analysis of reforming the institution of removing a child from the family in the event of an immediate threat to his life or health // Diary of Science. 2021. No. 1. P. 59–78.
6. Ryabova O. A., Kuznetsova N. A., Matveeva T. P., Kuznetsova N. V. The practice of immediate removal of children from the family: problems and ways to solve them // Modern science: current problems of theory and practice. Series. Economics and law. 2020. No. 3. Р. 193–198.
7. Krasnova T. M. Legal possibility of taking a child away from parents: social risks in legislation and ways to overcome them // Bulletin of Perm University. Legal sciences. 2016. No. 1. P. 60–67.
8. Rybalka E. A., Kazantseva E. V. Legal regulation of the removal of children from families by police officers: problems of theory and practice // Yurist-Pravoved. 2020. No. 2. P. 17–22.
Review
For citations:
Lekanova E.E. Legal problems of extrajudicial removal of a child: Soviet legacy, current state and legislative prospects. Juridical science and practice. 2023;19(4):69-76. (In Russ.) https://doi.org/10.25205/2542-0410-2023-19-4-69-76