Семейное право в эпоху перемен: анализ современного законотворчества

Abstract

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.