the Document has been prepared pursuant to the provisions of the amended Constitution of the Russian Federation about protection of the family and creation of conditions for worthy education of children.
the Bill proposes to establish that the question of removal of a child is the responsibility of the court. To do this, the code of Civil procedure is supplemented by a new category of cases of special proceedings – the seizure of the child from the parents or guardians with a direct threat to his life or health.
an application to the court for exemption may be filed by a guardianship authority or internal Affairs, if they have information about the threat to the life or health of the child. The court is obliged to review it within 24 hours of receipt in the closed mode with participation of a representative of the guardianship, the Prosecutor and the parents or guardians. And, if necessary, with the participation of other stakeholders and the child.
the Possibility of extra-judicial intervention persists, but only in exceptional cases – when there is a risk of the child’s death within a few hours. Participation of the Prosecutor and representative of the internal Affairs bodies is necessary. In case of withdrawal of the child is drawn up with the reasons. The parents or guardians have the right to challenge the decision.
the Practice of unjustified removal of children from families is one of the most complex issues in modern family law, said Pavel Krasheninnikov. “Arbitrary interference of bodies of guardianship and guardianship with the family sometimes has a not only a real threat to the life or health of the child, but due to the reluctance to provide social support to large families, families in need of better housing conditions or appeared in difficult life situation”, – he stressed.
the MP reminded that the reasons for removal of children often referred to the lack of toys, inappropriate state or lack of a separate room in the child, not the set of products in the refrigerator, bruising, leaving the kid with grandparents, brothers or sisters.
moreover, there are many cases, “when low-income families sought help than attracted the attention of bodies of guardianship and guardianship, and became victims of the application of article 77 of the Family code, which enables the authorities to remove the child immediately from the family in the administrative order,” said Pavel Krasheninnikov.
the State can intervene in the family sphere only in extreme cases when there is a violation of the law, violence or other threat to the life of the child, he added.
in addition, the current out-of-court procedure for the removal of a child does not exclude abuse of the guardianship. “Such guarantees can be provided only by judicial procedure for the consideration of the case”, – said Pavel Krasheninnikov.
“the Adoption of pop��AVOK in the Constitution creates all the necessary conditions for the development of additional mechanisms to ensure the priority of family education of children. All this – the constant values of a civilized society that ensure continuous change of generations, and therefore in need of special protection of the state, he concluded.
