According to the plan, the court can appoint a child’s lawyer from the state who will represent only the interests of the baby. It is assumed that in the courts there are lists of lawyers who had undergone specialized training and is able to protect the children.
Prepared the initiative lawyer Victoria Dergunova and one from human rights organizations. The office of the Commissioner for the protection of human rights in the Russian Federation supported the bill and sent the initiative to the Ministry of justice.
the Authors consider it necessary to give lawyers the authority to provide children with qualified legal assistance. As told to Victoria Dergunova, who for many years engaged in the protection of children’s rights, it cannot protect them directly. By law, the Trustee, i.e. a person who has invited the attorney is a parent.
“If I see that parent is not acting in the best interests of the child, you can’t do anything, emphasizes lawyer Victoria Dergunova. – As soon as I start talking to the parent that can not do so, he may refuse me as a lawyer that absolutely clear, because I can’t act not in the interests of the principal, or against his will.”
the Initiative has stirred controversy. Many people justifiably fear undue interference in the family. But, parry supporters of the project if started by a scandalous divorce, the family has been destroyed, and both sides call themselves outsiders: lawyers, judges, bailiffs and other to as much trouble to deliver to the former beloved person. A child literally pull each other out of hand, without even thinking how it will affect the psyche of the little man.
Another issue: funding. Be paid for the work of the children’s lawyer may, on the same system, as in criminal cases when the accused defender provided by the state. Another option: enable children’s lawyers in the state of free legal aid. Beneficiaries and vulnerable lawyers provide regional authorities in the regions where this system is debugged. In this case, the lawyer is paid from the budget of the region. But, perhaps more important to solve the issue in principle: allow the lawyers to directly represent the interests of the child. Insist on it the supporters of the idea.
However, the initiative has opponents. For example, the lawyer Victoria Danilchenko believes that the lawyer somehow will communicate with the parent with whom the child currently resides. “Therefore, to say that this lawyer will represent the interests exclusively of the child, not because it’s simply impossible,” she says.
In turn, the Federal chamber of advocates supported the bill. As told by chief specialist of the Department of the bar Fethe Federal chamber of lawyers of Russia Yulia Gorohova, the vast majority of family disputes, one way or another affect the interests of the child, the child becomes vulnerable from a legal point of view party. He is not a party to the proceedings and are often not aware of its presence. A court generally may not consider the views of the child.
According to Victoria Dergunova, the appropriate changes and additions need to be made in Family code of the Russian Federation, Civil procedural code of the Russian Federation, the Law “On free legal aid in the Russian Federation”. In the case of amendments, appropriate organization of FPA training of lawyers with special skills in the debate on the protection of children’s rights, and by the end of training – the formation of a list of lawyers that will be presented to the courts.
the Ministry of justice of Russia reported that the European court of human rights rejected the complaint against Russia in the case of deprivation of parental rights of a citizen.
As told in Department, the Russian courts when reviewing civil cases on deprivation of parental rights of L. in respect of his minor son proceeded from the absence of the child’s close relationship with the applicant, shied away within 7 years from the performance of their parental responsibilities. In this period, the child lived in a new family where he formed a close relationship with her stepfather and stepbrother.
“Agreeing with the position of the Ministry of justice of Russia, the ECtHR reiterated that the domestic courts gave a comprehensive assessment of all the circumstances and evidence in the case, guided by the best interests of the child, – the Ministry informs. – The thoroughness of study in the course of the trial findings, prepared by the designated authorities, also confirmed. The ECtHR concluded that the absence in the present case of a violation of article 8 of the Convention, as the relevant decisions of the national courts was fully justified and legitimate.”
Julia Gorohova, leading specialist of Department of advocacy of the Federal chamber of lawyers of Russia:
During the trial the parents is difficult to separate their personal interests from the interests of the child as an independent subject of rights, children’s ombudspersons and public prosecutors become involved in the most severe cases of harm to health or danger to life of the child, and working with children employees of bodies of guardianship often have a pedagogical, not legal education.
that is why we cannot support the proposal on the need for the court to appoint the child a lawyer representing the family dispute only interested in this child, and not indirectly taking into account their representation in the interests of one of the parents. Of course, this proposal will require considerable detailed work, but the idea itself-the implementation of civil process to designate a court of a lawyer representative of a minor child to us to be welcomed, since it will allow to protect interests of the child best – on a professional basis.
Victoria Danilchenko, lawyer:
Consider this proposal, to put it mildly, strange. First, I do not understand how the lawyer will be to develop a position on the protection of the rights of that child, on what grounds. Anyway, he will communicate with the parent with whom he currently lives. Therefore, to say that this lawyer will represent the interests exclusively of the child, not because it’s simply impossible. Secondly, we already have bodies that represent the interests of the child in the courts and provide a conclusion, an inspection of the premises where the child lives. It the guardianship and guardianship, as well as commissioners for children’s rights in different regions of our country. The court may take into consideration these conclusions or reject, depending on the circumstances of a particular case. The only category of minors, with whom a valid work of such lawyers, it is children 14 plus. At this age the child can already formulate its position and to talk about his vision of the situation. But then again, 10 years, the court obligatory takes into account the baby’s position, so even in these cases, the presence of a lawyer too.
