In July, State Duma Deputy Pavel Krasheninnikov and Senator Andrei Klishas submitted to parliament a bill that could change the Family Code of the Russian Federation in the part that relates to the removal of a child from the family. Thus, it is proposed that children should be taken away from their parents only "in the event of a threat to their life and health" and only by a court decision, which must be rendered in 24 hours. Now the guardianship authorities have the right to take the child out of the family. The deputy and the senator propose to remove them from the process of removing children, retaining powers only in the event of an immediate threat to the child's life.
Last week, this draft law was discussed at a working meeting, which was attended by the ombudsman for the rights of the child in the Vladimir region Gennady Prokhorichev, guardianship specialists, judges, the Women's Union of the Vladimir region and representatives of charitable foundations. As a result of the meeting, at which many objections were expressed, Gennady Prokhorichev sent a letter to the Federation Council, where he outlined the position of the Vladimir specialists.
Thus, the children's ombudsman noted a lot of vague formulations and concepts with a subjective background in the draft law. “This increases the risk of mistakes and unreasonable (punitive) measures to be taken against families with children,” said Prokhorychev. “For example, the existence of a court decision on removal constitutes a prejudice (the obligation to make a previous decision without evidence - author) for the courts, which are obliged to resolve the issue of deprivation of parental rights in the future”.
That is, if one court ruled on the removal of children in connection with a threat to their health, then the second court - on deprivation of parental rights - automatically considers that there was such a threat and does not require it to be proved.
In addition, the Vladimir specialists noted that the decision to remove children is made within 24 hours, but to challenge the actions of those who may have illegally taken the children (and what, for someone a secret that our law enforcement officers can also violate the law?) will take place in a general manner and may last for several months. All this time the children will be in the orphanage.
In general, the experts of the Vladimir regional working group recommended rejecting the draft of this federal law and clarifying some concepts:
1. Give an accurate explanation of the wording: "an immediate threat to the child's life or health" and "interested parties".
2. The application for the removal of the child from the parents (one of them) must be accompanied by evidence of the existence of a threat to the child's life or health, incl. expert assessment of the interdepartmental commission on the real threat to the child's life or health.
3. Provide for the possibility of considering the application in open court in order to exclude any attempt at unjustified selection.
“These are not all of our remarks, which I send to the Federation Council and the State Duma for further elaboration,” noted Gennady Prokhorychev. - We consider the law unfinished and crude, with the possibility of a corruption component, where children separated from their parents will be the victims.