A group of senators headed by Elena Mizulina sent to the State Duma a package of amendments to the Family Code and other documents, which propose to prescribe temporary measures to protect the child, the senator's press service reports. This is a procedure for dealing with cases when parents cannot fulfill their responsibilities for raising a minor for a certain period.
In case of a long business trip, hospitalization, etc. it is proposed to give the parents the right, by their application, to appoint a temporary guardian for the child. In this case, the guardianship authority will not have the right to refuse to appoint the person who is determined by the parents.
Another amendment guarantees the right of parents to involve relatives in raising children without special documentary registration of their powers. It will not be possible to take a child away from a grandmother who does not have a power of attorney from her parents.
Another suggestion is not to apply restriction of parental rights to innocent parents, for example, in the event of their illness. If the child is removed from the family, the possibility of contact with the parents should be preserved, unless the court explicitly prohibits this communication in its decision.
In case of restriction of parental rights, for example, in connection with chronic alcoholism, the court may oblige the parent to undergo treatment and only then return parental rights.
One of the main principles that was used in the development of the package is the presumption of good faith in the exercise by parents of their rights.
"The actions of the parents are considered good faith until their bad faith is established by a court decision that has entered into legal force," the press service said in a statement. In this case, the burden of proving the parent's bad faith lies with the plaintiff. "The introduction of this principle makes it possible to revise the entire existing system of norms of the Family Code that regulate bringing parents (other persons in whose care the child is) to family legal responsibility," Elena Mizulina believes.