Ablyatipova N.A., Kazinskaya A.S. Family Law in an Era of Change: An Analysis of Modern Lawmaking
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.12
Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Honored Lawyer of the Republic of Crimea, Associate Professor, Department of Civil Law, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871
Anastasia S. Kazinskaya, Student, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0009-7644-5384
Introduction. The protection of children’s rights remains an urgent issue for the development of any state. To date, cases of abuse of their rights by parents are common, whereupon the state, performing a protective role, resorts to the institution of the removal of a child from parental custody by guardianship authorities. By virtue of the provisions on state protection of the family, motherhood, fatherhood, and childhood enshrined in the Constitution of the Russian Federation, the Russian Federation, represented by legislative and executive bodies, bears a special responsibility in family legal relations, in particular the protection of the rights and legitimate interests of children. In this regard, the authors set a goal: to give an appraisal of the draft of the new Family Code, developed by the State Duma Committee on family, women, and children, from the point of view of the expediency and legality of the proposed changes in the realities of society’s development. Results. Individual changes related to the issues of parental authority and the conditions for the removal of a child by guardianship authorities are studied. Based on the analysis of the legislation, the authors have come to the conclusion that there are gaps in the draft law that come into confrontation with the constitutional principles of family law. Most provisions curtail the rights of children. Based on the results of the study, the authors have proposed recommendations for improving the legislation.
Key words: family law, family, marriage, parental responsibility, removal of a child, protection of children’s interests.
Citation. Ablyatipova N.A., Kazinskaya A.S. Family Law in an Era of Change: An Analysis of Modern Lawmaking. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 88-95. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.12
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