Психологические особенности и проблемы сопровождения гражданских и уголовных дел, связанных с защитой прав и интересов детей

Abstract

the article presents data from an analytical review of civil cases related to the protection of the rights and interests of minors in disputes over the right to raise children. The main purpose of the study is to justify the need for a significant correction of the procedure for participation in them by a specialist psychologist. The article shows that a large number of conclusions of psychologists have procedural, methodological and ethical errors. The expert's conclusion, which is accepted in the case as evidence, is not evaluated for completeness, validity and correctness of conclusions. However, the presence of a conclusion of a specialist psychologist in some cases is seen by the judge as a reason for refusing to appoint a forensic psychological examination, in cases where it is clearly necessary. At the same time, in order to ensure a comprehensive assessment of the psychological components of legally significant circumstances that need to be established and proven in disputes over the right to raise children, it is important to apply a more formally defined forensic psychological study. In our opinion, if the parties submit to the court a specialist's opinion based on the conclusions of a pre-trial psychological study, it is necessary to subject it to mandatory review by specialists of state and non-state expert institutions.