Порядок выезда за границу несовершеннолетних граждан РФ

Abstract

In order to prevent the illegal departure of a minor from the Russian Federation, the Russian Federation has established a certain procedure associated with the imposition of a ban on such departure by one of the parents due to his or her possible ignorance of the plans of the second parent, with whom the minor permanently resides. However, this preventive measure both guarantees the right to equal participation in the upbringing of the child and creates conditions for abuse by one of the legal representatives. The legal norms establishing the procedure for the departure of a minor citizen of the Russian Federation from the Russian Federation became the subject of an audit by the Constitutional Court of the Russian Federation, the results of which were reflected in the amendment of the legislation in 2021. The purpose of this article is to consider the procedure for the departure of a minor citizen of the Russian Federation from the Russian Federation accompanied by one of the parents. A review of the changes in the legislation on the establishment of an extrajudicial withdrawal of an application for disagreement with the departure of a minor of the Russian Federation from the Russian Federation is provided in light of the positions of the Constitutional Court of the Russian Federation. The practical significance of the work lies in identifying the factors that influence the resolution of the issue of a minor citizen of the Russian Federation leaving the Russian Federation accompanied by one of the parents.