Social activists have long been waiting for an initiative to limit the extrajudicial procedure for removing children from families. The level of protection of both the child and the parents will become much higher, Lidiya Mikheeva, secretary of the Public Chamber of the Russian Federation, told a REGNUM correspondent.
“Because, according to the new bill, judicial protection allows you to quickly analyze the situation with the removal of a child from the family, wander into it and make the right decision.
Now such a decision rests on the shoulders of the guardianship authorities and, of course, not having sufficient competencies, it is difficult for them to solve such problems.
In addition to the guardianship authorities, the new draft law involves the internal affairs bodies and the prosecutor's office. This will help to comply with the law and avoid distortions that are sometimes observed in practice when removing children from families in emergency cases.
Public activists fully support this bill and will watch how the law enforcement will take place.
The task of the Family Protection Bill is to ensure that the child remains in the family as much as possible. It is important that there is no arbitrary administrative decision to withdraw. The new bill is a great achievement for our rule of law. Everyone has been waiting for him for a long time.
For the sake of fairness, I want to note that in the 1969 Marriage and Family Code there was a judicial procedure for the removal of children. It is surprising why in the early 90s it was replaced by a guardianship procedure.
That is, now we have again returned to a fair treatment of the parent. There should be a balanced attitude to the situation, and it can only be ensured by the court.
When evaluative constructions are used in the law, for example, an immediate threat to the life of a child, then only the court, as a professional jurisdictional body, can assess the situation from the point of view of the law. Only the court can understand whether there is a threat to the child's health or not.
The most important thing is that this decision will be prompt - within 24 hours. In my opinion, I very much suggested reducing the processing time to 8 hours. For example, the measure of restraint in a criminal case is 8 hours.
It seems to me that the life of a child is more important than the freedom of an adult. Therefore, it would be possible to set a shorter period,”Lydia Mikheeva expressed her opinion.
As reported by IA REGNUM, the draft law aimed at protecting the family, pursuant to the norms of the Constitution, was submitted to the State Duma. It is supposed to limit the extrajudicial procedure for the removal of children from the family.
