the Document develops the new provisions of the Basic Law, which States the obligation of States to ensure the priority of family upbringing of children and to create conditions for their comprehensive development.
In the case of the bill the question of withdrawal of the child from the family will go to the jurisdiction of the court. In the Civil procedure code will be a new category of cases subject to special proceedings – the seizure of the child from the parents or guardians with a direct threat to his life or health.
the petition for exemption will be able to submit a guardianship or domestic Affairs if they have information about the threat to the life or health of the child. The court must make a decision within 24 hours of receipt of the application. The question will be considered in the closed mode with participation of a representative of the guardianship, the Prosecutor and the parents or guardians. And, if necessary, other interested persons and the child.
the Possibility of extra-judicial intervention persists, but only in the case where 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. When removing the child is drawn up with the reasons. The parents or guardians have the right to challenge the decision.
“the Purpose of the amendment was to limit out-of-court procedure for the removal of children from families, protecting the interests of both the child and his parents. To remove the child from the family without a court order will be possible only in exceptional cases”, – said the speaker of the state Duma Vyacheslav Volodin.
the Practice of unjustified removal of children from families is one of the most complicated problems of the contemporary family legislation, said the bill co-author 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,” he said.
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, bruises on the body, leaving the kid with grandparents, brothers or sisters and not even one set of products in the house. “It is very important to stop the practice of so-called exemptions for oranges, when you come to the officials, watching the refrigerator and conclude that few products and you can pick up the child. It is right that this is being screened,” said RIA Novosti the head of the Commission of the Public chamber of the Russian Federation on accessible environment and the development of inclusive practices singer Diana Gurtskaya. “Only an immediate threat to life and health will be the basis for that child withdrew from the family. We have repeatedly said that the government should help, not to intervene in the family and try to adjust the subtle relationships”- she added.
According to Pavel Krasheninnikov, in some cases, removal of a child occurs because the child did not want to help the family get out of a difficult situation. There were times “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 immediately take the child from the family in the administrative order,” he said.
in addition, the current out-of-court procedure for the removal of a child does not guarantee the absence of abuse of the guardianship, despite their obligation to notify the Prosecutor and to appeal to the court within seven days to the court on deprivation or restriction of parental rights. “Such guarantees can be provided only by judicial procedure for the consideration of the case”, – said Pavel Krasheninnikov.
“the adoption of the amendments to 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.
