Осуществление личных неимущественных родительских прав и обязанностей: судебная защита в Российской Федерации

Abstract

The exercise of personal non-property parental rights and responsibilities in modern Russia is ensured by the possibility of judicial protection and the application of sanctions for non-performance or improper performance. Failure by the parents of the child and other persons to reach agreement on the issues of upbringing, education and child’s place of residence leads to litigation on the exercise of personal non-property parental rights and responsibilities. The regulatory grounds for litigation related to the exercise of personal non-property parental rights and obligations and the possibility of judicial resolution of a dispute related to the exercise of parental rights and obligations have been considered by the author on the basis of the analysis of legislation and judicial practice. The classification of disputes related to the exercise of personal parental rights and obligations has been made according to various criteria (according to the subject composition and content of disputes). The rules of subject matter jurisdiction and court jurisdiction of disputes related to the exercise of personal parental rights and responsibilities have been characterized.