Situational and legal analysis of the best interests of the child. Determining the interests of the child in the UN Convention on the Rights of the Child and in the Family Code of the Russian Federation. II. General principles of the Convention on the Rights of the Child and the legislation of the Russian Federation

Question. Which article of the Convention sets out the principle - the best interests of the child, disclose its content?

Answer. This principle is set out in Article 3 of the Convention. In all actions concerning children, whether they are undertaken by public or private institutions dealing with social security, courts, administrative and legislative bodies, the best interests of the child shall be a primary consideration. States Parties undertake to ensure to the child such protection and care as is necessary for his well-being, taking into account the rights and obligations of parents, guardians or other persons legally responsible for him, and to this end shall take all appropriate legislative and administrative measures. Member States shall ensure that the institutions, services and bodies responsible for the care or protection of children comply with the standards set by the competent authorities, in particular in the field of safety and health and in terms of the number and suitability of their staff, as well as competent supervision .

Question. What legislative documents of the Russian Federation confirm and ensure the principle of the best interests of the child?

Answer. This principle is confirmed and ensured in the following legislative documents of the Russian Federation: the Family Code of the Russian Federation (dated December 29, 1995), the Regulations on an Acceptable Family (approved by the Decree of the Government of the Russian Federation of July 17, 1996), On Urgent Measures for the Social Protection of Orphans and children left without parental care (Decree of the Government of the Russian Federation of 06/20/92) and in a number of other regulations.

Question. What is the main content of the Civil Code of the Russian Federation, which ensures the principle of the best interests of the child.

Answer. In the Civil Code of the Russian Federation, articles 31,34,35,36 correspond to this principle. In accordance with them, guardianship and guardianship bodies have been created to protect the rights and interests of incapacitated or not fully capable citizens. Guardianship and guardianship of minors is also established for the purpose of raising them in the absence of parents, adoptive parents, when the parents decide parental rights, and also when parents evade their upbringing or protect their rights and interests. The bodies of guardianship and guardianship are local self-government bodies at the place of residence of the ward and supervise the activities of their guardians and trustees. Only able-bodied citizens who are obliged to take care of the maintenance of their wards, provide them with care and treatment, protect their rights and interests, and take care of their education can be guardians and trustees!

Question. What are the main provisions of the Family Code of the Russian Federation that ensure the principle of the best interests of the child.

Answer. In the Family Code of the Russian Federation, articles 54, 56, 63, 64, 65, 78, 121, 122, 146, 147, 150, correspond to this principle. 152,153,155. The general content of the articles is as follows.

The child has the right to be brought up by his parents, ensure his interests, all-round development, respect for his human dignity. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children, their general education. Parents, taking into account the opinion of children, have the right to choose educational institution and forms of education for children, before the children receive basic education.

Protection of the rights and interests of children rests with their parents, who are their legal representatives with any physical and legal entities, including in courts, without special powers. Parents exercising parental rights, to the detriment of the rights and interests of children, are liable in the prescribed manner.

The child has the right to protection of his rights and legitimate interests. Protection is carried out by parents, guardianship and guardianship authorities, the prosecutor and the court. The protection of the rights and interests of children left without parental care is entrusted to the bodies of guardianship and guardianship. Article 122 provides a mechanism for identifying and accounting for children left without parental care.

Children left without parental care can be transferred on the basis of the Agreement on the transfer of a child (children!) to be raised in a foster family. The selection of adoptive parents is carried out by the guardianship and guardianship authorities. When appointing a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee) shall be taken into account; the relationship between the child and the guardian, the attitude towards the child of the members of the guardian's family, and, if possible, the wishes of the child himself. The body of guardianship and guardianship is obliged to provide the foster family with the necessary assistance, and also has the right to exercise control over the fulfillment of the duties assigned to foster parents for the maintenance, upbringing and education of the child (children).

Question. State the main content of the Regulations on the foster family.

Answer. A foster family is one of the forms of arrangement for the upbringing of children left without parental care. Citizens (spouses or individual citizens) who wish to take on the upbringing of a child (children) left without parental care are called adoptive parents; a child (children) transferred for upbringing to a foster family is called an adopted child, and such a family is called a foster family. The total number of children in a foster family, including relatives and adopted children, should not exceed, as a rule, 8 people. An agreement is concluded between the guardianship authority and the adoptive parents on the transfer of a child to a foster family. The agreement provides for the period for which the child is placed in a foster family, the conditions for his maintenance, upbringing and education, the rights and obligations of adoptive parents, the obligations in relation to the foster family of the guardianship and guardianship authority, as well as the grounds and consequences for terminating such an agreement. Foster parents are responsible for the adopted child to society.

For the maintenance of each foster child (children), the foster family is paid monthly funds for food, clothing, shoes, etc. , sanatoriums for joint recreation and treatment of foster parents with children.

A comment:

The principle of the best interests of the child is at the core of the National Plan of Action for Children. This principle is taken into account by courts and executive authorities when considering cases related to the divorce of parents, deprivation of parental rights, placement of orphans and children left without parental care.

When the parents live apart, the place of residence of the children is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court, based on the interests of the children and taking into account their opinion.

The legislation of the Russian Federation provides, on the basis of a court decision, the restoration of parental rights. Restoration of parental rights in relation to a child who has reached 10 years of age is possible only with his consent.

Juvenile proceedings are determined general rules criminal procedure legislation. In addition to these, there are special rules for minors. In juvenile proceedings, the participation of a defense lawyer is obligatory. The parents or legal representatives of the minor defendant shall be summoned to the court session. A minor who has committed a crime of little or medium gravity for the first time may be released from criminal liability and transfer under the supervision of parents or persons replacing them.

Minors aged 11-14 are sent to special closed schools for committing criminal acts. Minors aged 14-18 who have committed a criminal offense of medium gravity may be released from punishment and sent to special educational and educational institutions of a closed type. In these cases, the criminal case is terminated, the minor is released from criminal liability.

In the Russian Federation, an extensive network of institutions for children to care for them has been formed, which operate in the systems of education, health care, and social security. Among them are orphanages, boarding houses for disabled children, boarding schools, preschool institutions, summer camps, orphanages, social shelters, medical and social rehabilitation centers for disabled children, social rehabilitation centers for maladjusted children, etc. placement of children in them, first of all, the best interests of the child are taken into account, including in care, education, as well as the need for care and supervision of the child in connection with the employment of parents (preschool institutions, summer health camps).

The activities of state and municipal institutions responsible for the care or protection of children are regulated by regulations on them. which are approved by the Government of the Russian Federation. Pupils of various kinds of institutions have the opportunity to exercise their rights with the help of non-governmental organizations that, relying on the existing legislative framework, represent, defend, protect the rights and interests of the child:

Children's order of mercy. Children's Protection Association, Russian Children's Fund. The Union for the Social Protection of Children, the Association of Inmates of Orphanages and Boarding Schools, etc. A pediatric service has been established to exercise children's rights to health care, which has a network of medical institutions and trained medical personnel. The structure of health care institutions covering medical and preventive care for children is represented by children's departments and hospitals, clinics of institutes and medical higher education institutions. educational institutions specialized centers for high-tech types of medical care for children, sanatoriums, orphanages, which make up a single four-level system of medical institutions for children, capable of providing almost all types of medical care to children, including organ and tissue transplantation, reconstructive surgery.

The status of a child refugee accompanied by parents is determined in accordance with the principles of family unity and decision-making on the application of an adult. A father or mother has the right to include in the application their children who have come in search of asylum with them. When the head of the family is recognized as a refugee, asylum is granted to all of his minor children who have arrived with him. A child who arrives unaccompanied by parents or guardians and applies for recognition as a refugee is also given a certificate, on the basis of which he is sent to a temporary accommodation center. I support migration authorities! child in obtaining information about the presence and place of residence of parents or other relatives or guardians.

When allocating budgetary appropriations, as well as appropriations from state non-budgetary funds, the need to ensure the interests of children is taken into account, which is reflected in the laws on the federal budget, budgetary subjects of the Russian Federation, and laws on the budgets of the relevant state non-budgetary funds.

The best provision of the rights of the child in the social security system is carried out in different forms: provision of allowances (pensions) to certain categories of children, families in connection with the upbringing of children (including a monthly allowance for a child); in-kind provision (if relevant indicators are available).

Keywords

BEST INTERESTS OF THE CHILD / INTERESTS OF THE CHILD / FAMILY LEGISLATION OF RUSSIA / FAMILY POLICY / BASICS OF FAMILY LEGISLATION IN RUSSIA / INTERNATIONAL LAW/ REFORM / CHILD SELECTION/ REMOVAL OF THE CHILD / RIGHTS OF THE CHILD / FAMILY / BEST INTERESTS OF THE CHILD / ACCOUNTABILITY FOR THE INTEREST OF THE CHILD (CHILD-SENSITIVE)/ RUSSIAN FAMILY LAW / FAMILY POLICY / FOUNDATIONS OF RUSSIAN FAMILY LAW/ INTERNATIONAL LAW / REFORM / TAKING CHILDREN AWAY FROM PARENTS/ RIGHTS OF THE CHILD / FAMILY

annotation scientific article on law, author of scientific article - Kravchuk Natalia Vyacheslavovna

The article discusses the content of the concept of "interests of the child" as it is understood in Russian and international law. It is noted that while Russian scientists determine the content of the concept, Western authors, based on the presumption that there is no need to consolidate the exhaustive content of the concept, analyze the practice of its application, namely, what actions of the authorities will be the observance or violation of the interests of the child. The weight given to the interests of the child is analyzed when balancing various rights and interests. While in international law best interests of the child are evaluated and taken into account as a primary and dominant consideration, in Russian family law, the interests of the family as a single organism take precedence. The author comes to the conclusion that the introduction the best interests of the child among the principles of family law will help reduce the number of unjustified removals of children from the family, which meets the goals of the family law reform.

The Best Interests of the Child: The Content of the Concept and its Place in Russian Family Law

The article deals with the content of the concept "the interests of the child" as it is understood in Russian and international law . It is noted that, while Russian scholars define the content of the concept, the western authors, acting within the framework of the presumption that there is no need to maintain the exhaustive content of the concept, examine the practice of its application, namely, which acts carried out by state authorities amount to respect of the interests of the child and which ones result in their violation. The author analyzes the weight given to the interests of the child in balancing various rights and interests. Whereas in international law the best interests of the child are assessed and taken into account as a priority and overriding consideration, in Russian family law the priority is given to the interests of the family as a union. The author concludes that including the "best interests of the child" into the principles of family law will help to reduce the number of cases when children are unreasonably taken from the family , which is in line with the objectives of the family law reform .

The text of the scientific work on the topic "The best interests of the child: the content of the concept and its place in the family law of Russia"

N. V. Kravchuk*

The best interests of the child: the content of the concept and its place in Russian family law

Annotation. The article discusses the content of the concept "interests of the child" - as it is understood in Russian and international law. It is noted that while Russian scientists determine the content of the concept, Western authors, based on the presumption that there is no need to consolidate the exhaustive content of the concept, analyze the practice of its application, namely, what actions of the authorities will be the observance or violation of the interests of the child. The weight given to the interests of the child is analyzed when balancing various rights and interests. While in international law the best interests of the child are evaluated and taken into account as a primary and dominant consideration, in Russian family law, the interests of the family as a single organism take precedence. The author comes to the conclusion that the inclusion of the best interests of the child among the principles of family law will help reduce the number of unjustified removals of children from the family, which meets the goals of the family law reform.

Key words: the best interests of the child, taking into account the interests of the child, Russian family law, family policy, fundamentals of Russian family law, international law, reform, removal of a child, removal of a child, rights of the child, family.

001: 10.17803/1994-1471.2017.78.5.097-103

The interests of the child is one of the most important categories of family law and rightfully enjoys the increased attention of scientists and practitioners. It is also given attention in the context of the current reform of family law, in particular, issues related to the removal of children from the family where they are brought up. It would seem that Russian legislation establishes the need for the court to take into account the interests of the child when deciding to take the child away from the parents (clause 1, article 73 of the Family Code of the Russian Federation). However, cases involving disproportionate application

measures such as the removal of children are met with enviable regularity. This is due, firstly, to the fact that there is no unified approach to the interpretation of the “interests of the child”, which is usually explained by the lack of a definition of this concept in the law, and secondly, to the fact that it does not take the place in Russian law that belongs to it. by right - the place of the principle of family law, one of its foundations.

What is the "interests of the child"? The approach of Russian scientists to the content of the concept under consideration is generally the same. Yu. F. Bespalov sees the interests of the child in creating conditions

* Natalya Vyacheslavovna Kravchuk, PhD in Law, Researcher at the Law Department of INION RAS; Associate Professor of the Department of International Law of the Russian state university justice; member of the Expert Council under the Commissioner under the President Russian Federation on the rights of the child [email protected]

117292, Russia, Moscow, st. Krzhizhanovsky, 15

necessary for its maintenance and successful development1. It is the term “development” that forms the basis for the definition of the concept “child’s interests” from the point of view of A. M. Nechaeva, who writes that it is among the complex ones due to the variety of its features. Evaluation of the child's interests in terms of his development (moral, spiritual, physical) is the first step in determining his true interests as a developing personality2.

O. G. Mirolyubova proposes to define the “interests of the child” as the legally protected needs of the child for material or spiritual benefits that ensure his harmonious personal development, or (depending on the degree of awareness) the desire to achieve these benefits, which serves as a regulator of the activities of the child, his parents, legal representatives, other entities, authorized state bodies, as well as the criterion for exercising and protecting rights3. Miro-lyubova's reference to the child's opinion, which must be taken into account to determine the interests of the child, is important.

Despite the debatability of many issues in this area, such as, for example, the need for a double criterion when taking into account the opinion of the child, recognition of the identification of the child's opinion as an integral part of the process of determining his interests is a confirmation of the recognition of his subjectivity and corresponds to the spirit of modern law standards in this area. However, the definition of the interests of the child as the legally protected needs of the child for benefits that ensure his harmonious personal development or the desire to achieve them raises the question of the needs of the child that are not protected by law (we are talking primarily about the law of the Russian Federation).

Take unaccompanied and separated children. Unfortunately, Russian legislation does not single out this category of children as requiring additional guarantees of protection that international law provides them with4. Does this mean that the search for family members of the child, as required by international law, will not be in his interests? Obviously not. Moreover, measures for the placement of such a child, taken without taking into account the possibility of his transfer to relatives, will be a violation of his rights and interests. This means that the criterion of protection of interests by law, regularly applied in practice government bodies, authorized to protect the interests of children, rather hinders the determination of the true interests of the child, rather than complements the definition of this category.

A similar question arises in relation to limiting the interests of the child with benefits that ensure his harmonious personal development. Does this mean that a child cannot have interests that are not related to his development? The answer to this question fits into the traditional presumption that a child, first of all, should be well-fed and healthy, and not happy, which is reflected in the practice of courts that determined the place of residence of a child with a parent who has a stable wage and the possibility of giving the child a separate room.

Determining the content of the concept of "the interests of the child" is further complicated by the fact that this is an intersectoral concept. Experts from different spheres of life are related to its interpretation and application. As O. Yu. Ilyina notes, a diversified approach to the study of a particular issue also determines the different semantic content of the concept under consideration5. The need to bring various

2 Nechaeva A. M. Protecting the interests of the child in large family// Laws of Russia. Experience, analysis, practice. 2012. No. 6. P. 62.

3 Mirolyubova O. G. On the family law concept of “the interests of the child” // Bulletin of the YarGU. Ser.: Humanities. 2012. No. 4/1. pp. 57-58.

4 Kravchuk N. Re-defining unaccompanied and separated children in Russia // Pravo. Zhurnal Vysshey shkoly ekonomiki. 2016. No. 2. P. 41.

5 Ilyina O. Yu. The concept and hierarchy of interests in the family and family legal relations // The problem of harmonization of private and public interests in the family law of the Russian Federation. M., 2015. S. 53.

authorities involved in working with children to a common understanding of the interests of the child, gave rise to the idea to provide for a definition of the concept in family law, fixing the list of factors that should be taken into account when assessing them. This approach appears to be erroneous. It is no coincidence that this was not done when drafting the text of the UN Convention on the Rights of the Child.

It is impossible to avoid turning to international law when speaking about the interests of the child, because it, reconciling the legal traditions of various countries, establishes uniform minimum standards for protecting the rights and interests of the child. They are guided by modern Russian and foreign scientists in their scientific research. First of all, we are talking about the UN Convention on the Rights of the Child, adopted in 1989.6 However, the “interests of the child” also figure in the Hague Convention on the Civil Law Aspects of International Child Abduction, created in 19807, the application of which also gave a lot understanding the content of the concept we are considering8. Its preamble emphasizes that "the interests of the children are a matter of paramount importance as far as their custody is concerned".

Article 3 of the UN Convention on the Rights of the Child states that “in all actions concerning children, whether undertaken by public or private welfare agencies, courts, administrative or legislative bodies, the best interests of the child shall be a primary consideration.” Thus, understanding the interests of the child as a complex concept,

beyond the family and a separate branch of law governing family relations, is also present at the international level. Here, the interests of the child extend to all actions and decisions of the state that could potentially affect him.

The purpose of taking into account the best interests of the child is to ensure the physical, psychological, moral and spiritual integrity and inviolability of the child and to promote his human dignity. What exactly is the content of the "interests of the child" the Convention does not decipher. There is no exhaustive description of the content of the interests of the child in the documents of the UN Committee on the Rights of the Child9 (CRC), which systematized the global application of this category. Its “General Comment No. 14 (2013) on the right of the child to have his or her best interests as a primary consideration (art. 3 para. 1)”10 (hereinafter referred to as the “Comment”) applies this concept as an evolving one, which means “an evaluation according to a specific context” (paragraph 1 of the remark).

Due to the lack of a precise definition, the concept has been repeatedly criticized as unclear and indefinite, as a kind of subjective standard, subject to an infinite number of interpretations and not free from abuse and ideological exploitation11. At the same time, as Freeman noted, it is interesting not only what the Convention says, but also what it does not say12. The absence of a list of factors that should be taken into account in order to establish and evaluate the interests of the child is not accidental. It indicates the need to establish

6 UN Convention on the Rights of the Child. Adopted by resolution 44/25 of the UN General Assembly on November 20, 1989 // Gazette of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR. 1990. No. 45. Art. 955.

7 SZ RF. 2011. No. 51. Art. 7452.

8 Silvis J. Prevention of child abduction // Melanges en l "honneur de / Essays in honor of Dean Spielmann. Oisterwijk, 2015. P. 604.

9 Body acting in pursuance of the UN Convention on the Rights of the Child.

10 General comment No. 14 (2013) on the right of the child to have his best interests as a primary consideration. May 29, 2013. CRC /C/GC/14 // URL: http://www.refworld.org. ru/docid/528b2c874.html (date of access: 03/22/2016).

11 Turkovic K., GrgicA. Best interests of the child in the context of article 8 of the ECHR // Melanges en l "honneur de/essays in honor of Dean Spielmann. Oisterwijk, 2015. P. 629 ; Artis JE Judging the best interests of the child. Judges" accounts of the tender years doctrine // Law and Society review. 2004 Vol. 38. No. 4. P. 775.

12 Freeman M. Article 3. The Best interests of the Child. Leiden, 2007. P. 2.

in relation to each child, as well as the unwillingness to limit the interpretation of this concept in any way. This position is shared not only by the CRC. It is interesting that this understanding was also present in Russia, and long before the appearance of the UN Convention on the Rights of the Child. Thus, in a Russian document of the 19th century regulating these issues, it was stated that “only after a conscientious study in each given case of the entire internal situation and family life, the indicated issue can be subject to a correct resolution that meets the interests of children” (Code of Laws Russian Empire, vol. X, part I)13 .

Describing foreign Scientific research in this area, it can be said that they are not about what is "the best interests of the child", but about what is in the "best interests of the child". Based on the presumption that there is no need to consolidate the exhaustive content of the concept, scientists analyze the practice of its application, namely, what actions of the authorities will be the observance or violation of the interests of the child14

The place of the "interests of the child" in family law. The UN Convention on the Rights of the Child is based on the idea of the need for special protection of the child15. In addition to a number of diverse rights of the child, it enshrines several principles that apply in the interpretation of any provision of the Convention. The need to consider the “best interests of the child” is one of them.

The Committee on the Rights of the Child, recognizing the paramount importance of this provision, has dedicated to this principle the aforementioned

General comments16. This document establishes the position that the best interests of the child must be assessed and taken into account as a primary consideration when taking any action or decision regarding him in both the public and private spheres. In other words, the interests of the child are a system of coordinates, and within its framework, the situation in which the child is located and the actions that the people around him and the authorized bodies should take should be considered. At the same time, the interests of the child prevail in the event of a conflict between him and any other interests.

A completely different position is occupied by the interests of the child in Russian legislation. Consideration of the interests of the child is absent among the foundations of family law. The unacceptability of the priority of the interests of the child is also justified at the theoretical level. O. Yu. Ilyina notes that the analysis of Art. 7 RF IC (Exercise of family rights and enforcement family responsibilities) allows us to conclude that the priority of the private interests of individual family members is excluded. She points out that the goal of state regulation of relations between family members is to ensure the interests of the family as a single organism17. At the same time, the interests of the family are a combination of the interests of all its members, the specificity of the interests of the family is due to the individual interests of each of the family members18. Despite the fact that Ilyina notes the possibility of conflicts of interests of different family members19, she still

13 Nechaeva A. M. Legal problems of family education of minors: monograph. M., 2016. S. 43.

14 See for example Artis J. E. Op. cit. P. 769-806. ; Tanguay M.P. The critical power of semiotics of law// International journal for the semiotics of law. 2010 Vol. 23. No. 1. P.23-26; Lundberg A. The best interests of the child principle in Swedish asylum cases: the marginalization of children "s rights / / Journal of human rights practice. 2011. Vol. 3. No. 1. P. 49-70. ; Silvis J. Op cit., pp. 603-614.

15 Linde R. The globalization of childhood: the international diffusion of norms and law against the child death penalty// European journal of international relations. 2014. No. (20) 2. P. 565.

16 A document in which the experts of the Committee present the results of an analysis of the practice of implementing the provisions of the Convention on a specific law/problem in different countries and make appropriate recommendations of a general nature.

17 Ilyina O. Yu. Decree. op. S. 68.

18 Dec. op. S. 65.

19 Dec. op. S. 52.

comes to the conclusion that the interests of the family as a whole have priority, and the subjects of family legal relations must correlate their interests with them20.

The position when the rights and best interests of the child compete with state interests and lose to them21 is also reflected in other normative legal acts that are part of family law. modern Russia. Thus, the Concept of State Family Policy in the Russian Federation for the period up to 202522 enshrines such principles for the implementation of family policy by the state as the independence of the family in making decisions regarding its internal life, the presumption of good faith of parents in exercising parental rights and increasing the authority of parenthood in the family and society . The principle of protecting the interests of the child is absent in it.

The recently adopted National Strategy for Children for 2012-201723 (a key document in the field of protecting the rights of children at the national level in Russia) brought the concept we are considering to an unprecedented high level. In addition, it establishes the priority of the norms of international law in determining the directions and tasks in protecting the interests of the child by the state. However, the content of this document is again sub-

asserts that state regulation is aimed primarily at increasing the number of the child population and its improvement - state interests in the field of demography are placed above the interests of the child in their broad, international legal sense.

The failure to prioritize the best interests of the child among the principles of family law sends a false signal to the authorities empowered to protect children. A court that does not have in its arsenal an algorithm for assessing the actions of authorities that remove children and bases its decision on the formal compliance of actions with the law without taking into account their proportionality cannot be a guarantor of the interests of the child. The effectiveness of the current family law reform will largely depend on whether this approach is adjusted. The introduction of a provision enshrining the “need to take into account the best interests of the child” among the foundations of family law will allow it to be taken into account in the interpretation and application of all provisions of the law relating to the removal of a child from a family (including a foster family), deprivation and restriction of parental rights, which, in our opinion view, will help to reduce the number of thoughtless removals of children from the family environment.

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THE BEST INTERESTS OF THE CHILD: THE CONTENT OF THE CONCEPT AND ITS PLACE IN RUSSIAN FAMILY LAW

KRAVCHUK Natalia Vyacheslavovna - PhD, Research Fellow of the Department of Jurisprudence of the

ISISS of the RAS; Associate Professor of the Department of International Law of the RHUM; Member of

the Expert Council under the Commissioner of the President of the Russian Federation for Children's Rights

[email protected]

117292, Russia, Moscow, st. Krzhizhanovskogo, d. 15, kv. 2

review. The article deals with the content of the concept "the interests of the child" as it is understood in Russian and international law. It is noted that, while Russian scholars define the content of the concept, the western authors, acting within the framework of the presumption that there is no need to maintain the exhaustive content of the concept, examine the practice of its application, namely, which acts carried out by state authorities amount to respect of the interests of the child and which ones result in their violation. The author analyzes the weight given to the interests of the child in balancing various rights and interests. Whereas in international law the best interests of the child are assessed and taken into account as a priority and overriding consideration, in Russian family law the priority is given to the interests of the family as a union. The author concludes that including the "best interests of the child" into the principles of family law will help to reduce the number of cases when children are unreasonably taken from the family, which is in line with the objectives of the family law reform.

Keywords: best interests of the child; accountability for the interest of the child (child-sensitive); Russian family law; family policy; foundations of Russian family law; international law; reform; taking children away from parents; rights of the child; family.

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APPLICATION OF THE BEST INTERESTS OF THE CHILDFOR INDIGENOUS CHILDREN

V.L. BOARS

Indigenous peoples, whether in the polar regions of Scandinavia or the equatorial forests of Brazil, the deserts of Australia or the mountains of India, share common needs and concerns. Approximately 300 million people live in more than 70 countries, identifying themselves as indigenous peoples, who are the bearers of a unique culture and ways of communicating with the environment. It is widely recognized that indigenous peoples are among the most vulnerable groups in the world today. Indigenous peoples, having retained their cultural and other characteristics, today face problems related to the protection of their rights as independent communities of people.

Today, the world pays great attention to the protection of the rights of indigenous peoples. Protecting the rights of indigenous children is unfortunately not a priority for indigenous peoples, which include land rights and participation in political activity. However, it is important to stress that when it comes to children's rights, the principle of the best interests of the child cannot be overridden in favor of serving the interests of the relevant vulnerable group. When a State seeks to address the issue of the best interests of an indigenous child, the indigenous community should be consulted and given the opportunity to participate in the process in a culturally sensitive manner. Such consultations should involve the meaningful participation of indigenous children.

The principle of the best interests of the child is a cornerstone in the protection of children's rights. The application of this principle to indigenous children requires special attention. The best interests of the child must be realized as both a collective and an individual human right. Protecting the rights of indigenous children as a group requires a balance with the collective cultural rights of this vulnerable population. At the same time, in decisions concerning an individual child (for example, in guardianship and guardianship authorities, courts, administrative bodies), the best interests of the individual child play a central role.

At the same time, taking into account the collective cultural rights of the child is part of the concept of the best interests of the child.

The principle of the best interests of the child requires the state to take active measures within the legislative, administrative and judicial systems, which must systematically apply this principle by considering the consequences of their decisions and actions for the rights and interests of children. In order to effectively guarantee the rights of indigenous children, such measures should include training and raising awareness of the importance of taking into account collective cultural rights, coupled with identifying ways in which the best interests of the child can be served.

The protection of the rights of indigenous children is reflected in international law. The following international treaties play an important role in solving the problem of the situation of indigenous children: the 1989 UN Convention on the Rights of the Child (hereinafter referred to as the Convention on the Rights of the Child), the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights 1966 and International Covenant on Economic, Social and Cultural Rights 1966, Convention on Indigenous and Tribal Peoples in Independent Countries, 1989. These agreements contain provisions that enhance the implementation of the rights of indigenous peoples and pay special attention to the rights of indigenous children in the field of education. At the same time, the Convention on the Rights of the Child is undoubtedly of key importance in the context of the topic under consideration.

The Convention on the Rights of the Child was the first major human rights treaty to mention indigenous children. Thus, in the preamble of the document, it is noted that states "take due account of the importance of traditions and cultural property every people for the protection and harmonious development of the child." Article 30 of the Convention on the Rights of the Child states: "In those States where there are ethnic, religious or linguistic minorities or persons belonging to indigenous populations, a child belonging to such minorities or indigenous populations shall not be denied the right, in common with other members of their group, to enjoy their own culture, to profess and practice their own religion, and to use their own language." Further, Article 29 provides that "the education of the child shall be directed to ... the preparation of the child for conscientious life in a free society in the spirit of understanding, peace, tolerance, equality of men and women and friendship among all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population. "Article 17 of the Convention on the Rights of the Child contains a statement that that participating States "encourage means mass media to paying particular attention to the language needs of a child belonging to a minority group or to an indigenous population".

The specific references to indigenous children in the Convention on the Rights of the Child are indicative of the recognition that States must take special measures to enable children to fully enjoy their rights. The UN Committee on the Rights of the Child, which is the monitoring mechanism for the Convention on the Rights of the Child, takes into account the situation of indigenous children when considering periodic reports from States parties to the Convention on the Rights of the Child. The UN Committee on the Rights of the Child notes that indigenous children face significant challenges in exercising their rights and continue to experience severe discrimination in a number of areas, including access to health care and education. The UN Committee on the Rights of the Child, based on the results of consideration of the reports of states, adopts specific recommendations on this matter in its concluding observations. Let's consider this procedure on the example of the Russian Federation.

First of all, one should refer to the measures taken in Russia in the field of protecting the rights of indigenous peoples and children from among indigenous peoples. The Russian Federation pays significant attention to the protection of the rights of indigenous peoples and indigenous children. In Russia, indigenous peoples are recognized as peoples living in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, economic activities and crafts, numbering less than 50 thousand people on the territory of the Russian Federation and recognizing themselves as independent ethnic communities. In total, in Russia, 47 ethnic groups of the North, Siberia and the Far East belong to the indigenous peoples. The total number of indigenous peoples in Russia is 316,011 people.

The status of indigenous peoples is determined by the Constitution of the Russian Federation and federal legislation. Every citizen, including a child, has the right to use their native language, their culture, and practice their religion. The right of all the peoples of Russia to receive basic general education in mother tongue guaranteed by law. Children in the sphere of exercising their rights are not divided according to national and social sign have equal access to education. Constitution of the Russian Federation, Federal Laws of December 29, 2012 N 273-FZ "On Education in the Russian Federation", of June 17, 1996 N 74-FZ "On National-Cultural Autonomy", Law of the Russian Federation of October 25, 1991 N 1807-1 "On Languages Peoples of the Russian Federation" establish that citizens of the Russian Federation who identify themselves as belonging to certain ethnic communities have the right to receive education in their national (native) language and to choose the language of education and training within the framework of the opportunities provided by the education system in accordance with the legislation of the Russian Federation.

For objective reasons, children from among indigenous peoples are in especially difficult conditions of life support. The study of the native language as an independent subject in the areas of residence of the indigenous peoples of the North in the 2008/09 academic year was carried out in 778 out of 997 state and municipal educational institutions (without evening and shifts), in which 35 thousand children studied - representatives of more than 30 indigenous peoples North. The proportion of students studying their native language in the 2008/09 academic year decreased compared to the 2001/02 academic year from 46% to 44.4%, while the number of children studying the language as an elective increased significantly.

The procedure for inclusion in the federal list of textbooks recommended (approved) for use in educational institutions implementing educational programs of general education and having state accreditation, textbooks in native languages and textbooks in native languages, as well as textbooks on the history and culture of religions. Since 2008, theological educational institutions have been entitled to implement educational programs in accordance with federal state educational standards, as well as their state accreditation and the issuance of state documents on the appropriate level of education to graduates who have successfully completed their studies in accredited educational programs. Work is underway to obtain affordable vocational education children from among the indigenous peoples. In 2009, there were 24 state (municipal) educational institutions of secondary vocational education in the areas inhabited by the indigenous peoples of the North, in which 9.6 thousand children studied.

In 2009, the Concept for the Sustainable Development of the Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation was approved (Decree of the Government of the Russian Federation of 04.02.2009 N 132-r; hereinafter referred to as the Concept), which is a system of current directions, principles, goals and objectives of sustainable development indigenous peoples of the North, as well as a plan for its implementation. The concept implies the stages of its implementation. The first two stages - from 2009 to 2011 and from 2012 to 2015 - have already been completed. Prime Minister of Russia D.A. On August 27, 2016, Medvedev signed Decree N 1792-r "On approval of the plan for the implementation in 2016-2025 of the Concept for the sustainable development of the indigenous peoples of the North, Siberia and the Far East." The third stage of the implementation of the Concept includes a set of measures aimed at preserving the original habitat of indigenous peoples, their way of life, modernization economic activity and the entire social sphere (including the system of education, healthcare, culture) in the places of their traditional residence. The Russian Federation submitted data on the protection of the rights of indigenous children to the international monitoring body - the UN Committee on the Rights of the Child, which, having read the report, asked for information on the regulations relating to the activities of enterprises, in particular oil producing enterprises, aimed at preventing the negative impact such activities on the rights of children, in particular indigenous children. In response, the Russian Federation pointed out that, in accordance with Art. 42 of the Constitution of the Russian Federation, everyone is guaranteed the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense. Also, these issues are regulated by the Federal Laws of 10.01.2002 N 7-FZ "On Environmental Protection", of 30.03.1999 N 52-FZ "On the Sanitary and Epidemiological Welfare of the Population", the Law of the Russian Federation of 21.02.1992 N 2395-1 "On bowels".

Moreover, the fee for the negative impact on the environment of enterprises, including oil producing ones, is established in accordance with the Procedure for determining fees and their maximum amounts for environmental pollution, waste disposal, and other types of harmful effects (approved by Decree of the Government of the Russian Federation of 08.28.1992 N 632). In order to reduce harmful influence oil-producing enterprises on the environment and human health Decree of the Government of the Russian Federation dated 08.01.2009 N 7 "On measures to stimulate the reduction of atmospheric air pollution by products of burning associated petroleum gas at flares" established the standard value of the target indicator of associated petroleum gas flaring (from January 1, 2012 .- no more than 5%). If the normative target indicator is exceeded, the rates for atmospheric air pollution by gas combustion products are increased by 4.5 times.

Having considered all the submitted materials, the UN Committee on the Rights of the Child noted that Russian legislation provides for compensation to representatives of indigenous peoples for environmental damage from commercial activities. However, the UN Committee on the Rights of the Child expressed concern that “private oil and gas activities continue to have a negative impact on the traditional way of life of people belonging to small indigenous groups, including children, due to deforestation and environmental pollution. , as well as threatening the existence of certain species of animals that are essential to their way of life. In addition, the UN Committee on the Rights of the Child is concerned about the negative impact on the health of children of coal mining and asbestos production, especially children living in the Kemerovo region and the Urals" .

In this regard, the UN Committee on the Rights of the Child recommended that Russia adopt and apply regulations that ensure that the commercial sector complies with international and national standards in the field of human rights, labor, the environment and in other areas, in particular in connection with ensuring the rights of children and taking into account UN Human Rights Council resolutions 8/7 (para. 4d) and 17/4 (para. 6f).

Also, the UN Committee on the Rights of the Child noted problems with the protection of the rights to health and education of indigenous children. The UN Committee on the Rights of the Child, in particular, pointed out: "The mother tongues of some indigenous groups are never used as the language of instruction in schools ... they are relegated to the status of a secondary subject." Moreover, indigenous children "experience serious difficulties due to the poor state of medical care in remote villages and there is an increase in the incidence of certain types of diseases among children due to lack of sufficient access to the traditional northern diet adapted to the "northern type" metabolism. , which has been replaced by a Western-style diet high in carbohydrates and sugar. Following the consideration of the report of the Russian Federation on the protection of children's rights, the UN Committee on the Rights of the Child recommended that "all necessary measures be taken to preserve the cultural and linguistic identity and heritage of indigenous children by providing them, to the extent possible, with basic education in their native language ... and improve health facilities and services in remote villages where indigenous groups live and promote the traditional way of life of these groups, including by providing access to traditional diets."

Thus, it can be stated that indigenous children are a vulnerable group of the population under special protection of international and national law. The Russian Federation strives to gradually improve the situation of indigenous peoples and their children on its territory, actively cooperating with international human rights mechanisms, in particular the UN Committee on the Rights of the Child. At this stage, Russia needs to continue to follow international standards, further develop cooperation with these mechanisms and implement the recommendations of the UN Committee on the Rights of the Child.

Bibliography

1. Abashidze A.Kh., Ananidze F.R., Solntsev A.M. International legal framework for the protection of minorities and indigenous peoples: Proc. M.: RUDN, 2015. S. 207.
2. Abashidze A.Kh., Koneva A.E. Human rights treaty bodies. M., 2015. S. 266 - 271.
3. Indigenous children and their rights under the Convention: General Comment No. 11 (2009) of the UN Committee on the Rights of the Child.
4. Concluding remarks on the combined fourth and fifth periodic reports of the Russian Federation: Report of the UN dated February 25, 2014 // CRC/C/RUS/CO/4-5.
5. Kabanov V.L. To the question of the conceptual content of the principle of the best interests of the child in international law // Eurasian Law Journal. 2014. N 10. S. 65 - 68.
6. Medvedev approved the Concept for the Development of the Indigenous Minorities of Russia. URL: https://ria.ru/society/20160827/1475432600.html.
7. On general implementation measures: General Comment No. 5 (2003) of the UN Committee on the Rights of the Child.
8. List of issues to be discussed in connection with the consideration of the initial report of the Russian Federation: UN report dated 01.07.2013 // CRC/C/RUS/Q/4-5.
9. Fourth and fifth periodic reports of States parties due in 2011. Russian Federation: UN Report of 27.08.2012 // CRC/C/RUS/4-5.

References

1. Abashidze A.H., Ananidze F.R., Solncev A.M. Mezhdunarodno-pravovye osnovy zashhity men "shinstv i korennyh narodov: Ucheb. M .: RUDN, 2015. S. 207.
2. Abashidze A.H., Koneva A.E. Dogovornye organy po pravam cheloveka. M., 2015. S. 266 - 271.
3. Deti iz chisla korennyh narodov i ih prava soglasno Konvencii: Zamechanie obshhego porjadka N 11 (2009) Komiteta OON po pravam rebenka.
4. Zakljuchitel "nye zamechanija po ob" edinennym chetvertomu i pjatomu periodicheskim dokladam Rossijskoj Federacii: Doklad OON ot 25.02.2014 // CRC/C/RUS/CO/4-5.
5. Kabanov V.L. K voprosu o konceptual "nom soderzhanii principa nailuchshih interesov rebenka v mezhdunarodnom prave // Evrazijskij juridicheskij zhurnal. 2014. N 10. S. 65 - 68.
6. Medvedev utverdil Koncepciju razvitija korennyh malochislennyh narodov Rossii. URL: https://ria.ru/society/20160827/1475432600.html.
7. Ob obshhih merah po osushhestvleniju: Zamechanie obshhego porjadka N 5 (2003) Komiteta OON po pravam rebenka.
8. Perechen "voprosov, podlezhashhih obsuzhdeniju v svjazi s rassmotreniem pervonachal" nogo doklada Rossijskoj Federacii: Doklad OON ot 07/01/2013 // CRC/C/RUS/Q/4-5.
9. Chetvertyj i pjatyj periodicheskie doklady gosudarstv-uchastnikov, podlezhashhie predstavleniju v 2011 godu: Rossijskaja Federacija: Doklad OON ot 27.08.2012 // CRC/C/RUS/4-5.
10 UNICEF Innocenti Digest. N 11. Ensuring the Rights of Indigenous Children, 2004.

Our company provides assistance in writing term papers and theses, as well as master's theses in the subject Family law We invite you to use our services. All work is guaranteed.

According to international standards in all actions concerning children, whether they are undertaken by state or non-governmental organizations, The best interests of the child must be a primary consideration. And now, Ukraine has adopted the European principle in its legislative base, according to which decisions taken on various issues, affecting the rights of the child must be based on the child's best interests. This mechanism is aimed at the implementation of the Child Protection Act.

Changes of this kind were previously provided for by the draft Law No. 2254 (which was adopted by the Verkhovna Rada on January 26), and signed, as a Law, already on February 18, 2016. President of Ukraine.

The purpose of the amendments is strengthen the social protection of the child, as well as comprehensively support families raising children. I should note that you can get acquainted with the new legislative principle at this link. Information about it exists in the wording for the second reading.

According to the amendments to the Law "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Social Protection of Children and Support for Families with Children" dated January 26, 2016 No. 936-VIII, which ensures the rights and freedoms internally displaced persons, all children, including those who are not accompanied by parents or other legal representatives acting as their parents, are provided with certificates stating that they are registered as internally displaced persons.

On the essence of the amendments made to the Laws to better protect children, their rights, freedoms and interests:

Law "On Child Protection" dated April 26, 2001 No. No. 2402-III was supplemented with information on the guarantees provided by the state to the category of children who suffered as a result of ongoing hostilities or armed conflict. For example, Article 32 of the said Law has been amended to read as follows:

"In accordance with the procedure established by the legislation of Ukraine and relevant international treaties, the state takes measures to prevent the illegal movement, removal and non-return of children from abroad, their abduction, and child trafficking.

The state takes all necessary and possible measures to search for and return to Ukraine children who were illegally taken abroad, including in connection with circumstances related to hostilities and armed conflicts.

Purpose of the changes - providing support to people who find themselves in a difficult financial, social and psychological situation. The amendments also focus on the fact that the state policy in the field of child protection is aimed at developing services that help support families raising children.

The Law regulating the rights and freedoms of internally displaced persons has been updated with information that the procedure for registering and socially protecting children who fit this category of citizens, orphans and children deprived of parental care, is being improved, among other things. .

The Family Code has also been amended . According to them, a new social institution called "patronage over children" is being introduced in Ukraine. According to the amendment to Chapter 20 (Article 252 added) of the Family Code of Ukraine:

"Patronage over a child is the temporary care, upbringing and rehabilitation of a child in the family of a foster caregiver for the period of overcoming the child, his parents or other legal representatives of difficult life circumstances."

The innovation involves a special type of accommodation for children deprived of parental care. Unfortunately, the legislators did not have time to take into account the current circumstances, which my colleague lawyer Dmitry Zenkin spoke about in his publication "On the dangers of modern guardianship and guardianship in Ukraine". I will only note that families who have completed the necessary training take them to their upbringing. The average term for such an arrangement is up to 3 months. In some cases, in the interests of the child, it is extended up to six months. All this helps children to avoid getting into a boarding school.

I should also pay attention to the fact that part 1 of item II. The final and transitional provisions provide that this Law enters into force on the day following the day of its publication, and according to paragraph 2 it is established that, starting "from January 1, 2016 to December 31, 2018, an experiment is being introduced to implement patronage over a child".

In the light of the above, as a family lawyer, I very much hope that the adoption of this law will be a certain stage on the way to the introduction of European standards and approaches to ensuring the rights of children, reflected in: the Council of Europe regulation on children's rights and the development of social Children and Families UN Guidelines for Alternative Child Care, European Commission Regulation Investing in Children: Breaking the Cycle of Adversity.

Page 2 of 4

Issues of teaching human rights, the child are in the center of attention of the pedagogical community. That is why the second section of the manual is devoted to this problem. A special course program is proposed for the study of the Convention on the Rights of the Child. The purpose of the course is to give students a certain amount of knowledge about the rights of the child and practical skills in moral and legal education at school, to promote the formation of a culture of human rights.

The study of the rights of the child contributes to the rethinking of many problems of educational work in schools, helps to form and improve the critical thinking of schoolchildren, where humanistic values are the basis.

PartI. General principles Convention on the Rights of the Child

1. Definition of a child

Question. Who is the child?

Answer. A child is every human being under the age of 18 if, under the law applicable to this child, he does not reach the age of majority earlier (Article 1 of the Convention).

Question. In what case, in accordance with the legislation of the Russian Federation, can a child come of age before the age of 18?

Answer. In accordance with the Civil Code of the Russian Federation (Article 21, paragraph 2, as well as Article 13, paragraph 2 of the Family Code of the Russian Federation), the age of majority can come from the age of 16.

Article 21 paragraph 2. In the case when the law allows marriage before reaching the age of 18, a citizen who has not reached the age of 18 acquires legal capacity in

in full from the date of marriage.

Article 13 paragraph 2. For valid reasons, authorities local government for place of residence of persons wishing to marry, may, at the request of allow these persons to marry persons who have reached the age of sixteen years."

II. General principles of the Convention on the Rights of the Child

and legislation of the Russian Federation

Question. What are the principles established by the Convention on the Rights of the Child.

Answer. The Convention establishes four principles:

Non-discrimination; - the best interests of the child; - the right to life, survival and development; - respect for the views of the child.

1. Principle of non-discrimination

Question. Expand the content of the principle of non-discrimination? :

Answer. The principle of non-discrimination is set out in Article 2 of the Convention. The participating States shall respect and ensure all the rights of every child, without discrimination of any kind, regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, health or birth of the child, of his parents or legal guardians or any other circumstances, and ensure the protection of the child from all forms of discrimination or punishment based on the status, activities, expressed views or beliefs of the child, the child's parents, legal guardians or other family members.

Question. What documents of the Russian Federation set out the principle of non-discrimination?

Answer. The principle of non-discrimination is set out in the following legislative documents of the Russian Federation: the Constitution of the Russian Federation (dated 12.12.93);

Civil Code of the Russian Federation, part 1 (dated November 30, 1994); Family Code of the Russian Federation (dated 29.12.95), On Freedom of Conscience and Religious Associations (Law of the Russian Federation of 26.09.97), On the Languages of the Peoples of the RSFSR (Law of the RSFSR of 29.10.91). On education (as amended by the Law of the Russian Federation of 13.01.96).

Question. Outline the main provisions of the principle of non-discrimination, set out in the Constitution of the Russian Federation?

Answer. The main content of this principle is set out in articles 2,17,19, 38,45 of the Constitution of the Russian Federation. The Constitution proclaims that a person, his rights and freedoms are the highest value. In the Russian Federation, the rights and freedoms of man and citizen are accepted and guaranteed in accordance with generally accepted principles and norms of international law.

The state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.

2. The principle is the best interests of the child

Question. Which article of the Convention sets out the principle - the best interests of the child, disclose its content?

Answer. This principle is set out in Article 3 of the Convention. In all actions concerning children, whether undertaken by public or private welfare agencies, courts, administrative or legislative bodies, the best interests of the child shall be a primary consideration. States Parties undertake to ensure to the child such protection and care as is necessary for his well-being, taking into account the rights and obligations of parents, guardians or other persons legally responsible for him, and to this end, take all appropriate legislative and administrative

measures. Member States shall ensure that the institutions, services and bodies responsible for the care or protection of children comply with the standards set by the competent authorities, in particular in the field of safety and health and in terms of the number and suitability of their staff, as well as competent supervision .

Question. What legislative documents of the Russian Federation confirm and ensure the principle of the best interests of the child?

Answer. This principle is confirmed and ensured in the following legislative documents of the Russian Federation: the Family Code of the Russian Federation (dated December 29, 1995), the Regulations on an Acceptable Family (approved by the Decree of the Government of the Russian Federation of July 17, 1996), On Urgent Measures for the Social Protection of Orphans and children left without parental care (Decree of the Government of the Russian Federation of 06/20/92) and in a number of other regulations.

Question. What is the main content of the Civil Code of the Russian Federation, which ensures the principle of the best interests of the child.

Answer. In the Civil Code of the Russian Federation, articles 31,34,35,36 correspond to this principle. In accordance with them, guardianship and guardianship bodies have been created to protect the rights and interests of incapacitated or not fully capable citizens. Guardianship and guardianship of minors is also established for the purpose of raising them in the absence of parents, adoptive parents, when the parents decide parental rights, and also when parents evade their upbringing or protect their rights and interests. The bodies of guardianship and guardianship are local self-government bodies at the place of residence of the ward and supervise the activities of their guardians and trustees. Only able-bodied citizens who are obliged to take care of the maintenance of their wards, provide them with care and treatment, protect their rights and interests, and take care of their education can be guardians and trustees!

Question. What are the main provisions of the Family Code of the Russian Federation that ensure the principle of the best interests of the child.

Answer. In the Family Code of the Russian Federation, articles 54, 56, 63, 64, 65, 78, 121, 122, 146, 147, 150, correspond to this principle. 152,153,155. The general content of the articles is as follows.

The child has the right to be raised by his parents, ensure his interests, comprehensive development, respect for his human dignity. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children, their general education. Parents, taking into account the opinion of their children, have the right to choose an educational institution and form of education for children, until the children receive basic education.

annotation scientific article on law, author of scientific article - Kravchuk Natalia Vyacheslavovna

Related Topics scientific papers in law, author of scientific paper - Kravchuk Natalia Vyacheslavovna

The Best Interests of the Child: The Content of the Concept and its Place in Russian Family Law

The text of the scientific work on the topic "The best interests of the child: the content of the concept and its place in the family law of Russia"

On the essence of the amendments made to the Laws to better protect children, their rights, freedoms and interests: