The draft law was submitted to the State Duma.
In Russia, they came up with a proposal to limit the removal of children from families pending a court decision. This was announced by Pavel Krasheninnikov, co-chairman of the working group on the preparation of amendments to the Constitution of the Russian Federation, head of the Duma committee on legislation. The proposed norms are designed to create conditions for a decent upbringing of children in a family.
The state can intervene in the family sphere only when there is a violation of the law, violence or other threat to the life of the child. The current extrajudicial procedure for the removal of a child, provided for in Article 77 of the Family Code, does not guarantee the absence of abuse of the guardianship and guardianship authorities, despite their obligation to notify the prosecutor and appeal within seven days with a claim to the court for deprivation or restriction of parental rights, such guarantees can be provided only judicial procedure for considering the case,
- TASS quotes the official.
Krasheninnikov noted that today the practice of removing children is one of the most difficult problems of family law. Now the guardianship and guardianship authorities can interfere in family affairs. Sometimes the reasons for the seizure are called: a lack of toys in a child, his loud crying, inadequate condition or lack of a separate room for a child, lack of necessary or expired food, presence of bruises on the child's body, leaving the child with grandparents, brothers or sisters and other.
Arbitrary intervention of the guardianship and guardianship authorities in the affairs of the family, from which both children and parents suffer, sometimes does not have under it not only a real threat to the life or health of the child, but is also associated with the unwillingness to provide social support to families with many children, families in need of improvement living conditions or found themselves in a difficult life situation. There are many examples when low-income families applied for financial assistance to state and municipal authorities, which attracted the attention of the guardianship and guardianship authorities, became victims of the application of Article 77 of the Family Code, which allows these authorities to immediately remove a child from the family in an administrative manner.
According to the proposed norms of the law, an application to the court for the removal of a child can be submitted by the guardianship and guardianship authority or by the internal affairs body that received information about the threat to the child's life or health. The consideration of this application should take place in a closed court session. At the same time, Article 77 of the Family Code proposes to preserve the extrajudicial procedure for the removal of a child only in exceptional cases when “there is a risk of the death of a child within a few hours”.
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