Некоторые вопросы участия прокурора в рассмотрении судами споров о лишении родительских прав

Abstract

The problematic issues of the prosecutor’s participation in the consideration by the courts of disputes on the deprivation of parental rights are considered. Special attention is paid to the analysis of the powers of the prosecutor on the application of a petition for the introduction of a private definition to eliminate violations identified in the actions (inaction) of guardianship and guardianship bodies or other bodies, organizations and officials. The most common violations in this area are listed. In order to increase the effectiveness of the institute of private definitions, it is proposed to ensure information interaction between courts, prosecutor’s offices and the Federal Migration Service of Russia, as well as to create a unified interdepartmental register of private definitions. The issue of hearing a minor in a court session is considered, the position on the inadmissibility of the appointment of pedagogical or psychological-pedagogical expertise in the categories of cases under consideration is argued. The circumstances that should be paid special attention to when deciding on the expediency of deprivation of parental rights are outlined, such as the presence or absence of preventive work with the family, its duration and specific content, the behavior of the second parent, including initiating the issue of deprivation of parental rights. The analysis of the practice of applying such grounds of deprivation of parental rights as a disease of chronic alcoholism or drug addiction is presented. The existing positions on the sufficiency of the fact of alcoholism or drug addiction in itself for the deprivation of parental rights are given, the position on the need to establish a causal relationship between the parent’s illness and the negative consequences for the child, the study of additional information about the features of the course of the specified disease of the person is argued. Proposals have been developed to improve family legislation in terms of adjusting paragraph 6 of art. 69 of the Family Code of the Russian Federation by expanding the list of categories of crimes, the commission of which may be the basis for the deprivation of parental rights, by including in this list crimes against sexual integrity and sexual freedom of a family member.