As noted by a leading specialist of the Department of the bar of the Federal chamber Yulia Gorohova, introduction to the civil process of the mechanism of appointment of trial counsel will ensure the protection of the interests of the child on a professional basis.
Prepared the initiative lawyer Victoria Dergunova and one from human rights organizations. The authors consider it necessary to give lawyers the authority to provide children with qualified legal assistance. Today the defenders are not entitled to directly help the children to gather information, to come to the guardianship, the hospitals and so on. But what if the child is faced with very adult problems and forced to get acquainted with the basics of law not on the lessons of the social Sciences, and during family scandals?
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 had 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.”
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.
As said a leading specialist of the Department of the bar of the 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.
It 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.
Many people justifiably fear undue interference in the family. Not the case either officials or human rights activists to tell the father how to raise my son. But 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.
“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 when taking into account their representation of one of the parents. Of course, this proposal will require considerable detailed pror��processing, however, the idea of introduction in a civil action to designate court-attorney 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,” – said Julia Korunova.
According to Victoria Dergunova, the relevant changes need to be made to the Family code, Civil procedure code and the law “On free legal aid in the Russian Federation”. After making these changes, appropriate organization of the Federal chamber of advocates training of advocates special skills in the debate on the protection of children’s rights. The defenders, thus trained, will enter the lists for the courts.
