Protection of the interests of minor children through administrative measures and procedures
Keywords:
the priority of family education, an immediate threat to the life or health of children, the administrative procedure for selecting children, draft laws, guardianship and guardianship authoritiesAbstract
The object of the study is the legal relationship arising between parents, legal representatives of the child and guardianship and trusteeship authorities when the latter use the administrative mechanism of removing children. The subject of the study is the norms of family law regulating the institution of removing a child in case of an immediate threat to his or her life or health. The goal is to analyze the theoretical inconsistency of Article 77 of the Family Code of the Russian Federation, which is expressed in the absence of clear criteria that fall under the attributes of the term "immediate threat to the life or health of the child". The tasks are considered as alternative ways of protecting children when parents violate the rights of the child. The research method is comparative, on the basis of which both doctrinal approaches and explanations of law enforcement officers regarding the concept of a threat to the life and health of children are presented. The results of the study can be presented in the following conclusions. In order to exclude the adoption of unreasonable decisions aimed at removing a child from the family, it is necessary to take into account the specific life situation in the family, without limiting ourselves to purely formal criteria, which will protect the interests of the child removed from the family. It is necessary to develop a set of organizational and preventive measures that are maximally subordinated to the preservation of family education and applied before the parents’ actions are found to constitute an offense that could lead to the removal of the child with the possible subsequent loss of parental legal relations.