Protection of the Rights of the Child in the Event of his Removal from the Family: Problems and Prospects for the Development of Legislation

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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.

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About the authors

Natalia V. Letova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: letovanv@mail.ru
ORCID iD: 0000-0001-7033-977X

Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector

Russian Federation, Moscow

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