Abstract
The issues of intercountry adoption are a matter of discussion for all world community in view of the fact that it is practically impossible to ensure proper regulation of all aspects of the adoption procedure and, moreover, it is possible to encounter various conflicting rules for the regulation of the adoption procedure between the State of child origin and the receiving State. The article outlines the prospects for ratifying the Hague Convention on Protection of Children and Cooperation in the Field of Intercountry Adoption of 29 May 1993 and the European Convention on the Adoption of Children (revised) of 27 November 2008. Adoption procedure should be in the best interest of the child in relation to his fundamental rights. The tension in the sphere of adoption of children left without parental care by US citizens is given proper consideration. Compliance with international norms and rules is reflected in the Dima Yakovlev Law which is difficult to recognize as effective in its capacity to ensure the rights and interests of children. It was revealed that the implementation of the above-mentioned international acts in the Russian legal space will bring positive results due to a significant simplification of the procedure for reviewing and resolving cases on the adoption establishment.
Highlights
According to the statistics of the Ministry of Education and Science of the Russian Federation, adoption is currently the least popular form of placement of children deprived of parental care
The method of interpretation identified the problems of applying the conflict-of-laws rules of the Family Code of the Russian Federation and foreign law and, the jurisprudence of the European Court of Human Rights in the field of intercountry adoption is analyzed
According to the official statistic presented in the 2015 Review of Court Practices regarding regional court cases on adoption by foreign citizens or stateless persons, as well as citizens the Russian Federation permanently residing outside of the Russian Federation, most Russian children are adopted by Italian citizens (57% of cases), Spanish citizens (17.5% of cases), and French citizens (5.9 % of cases)
Summary
According to the statistics of the Ministry of Education and Science of the Russian Federation, adoption is currently the least popular form of placement of children deprived of parental care. As well as in the Family Code of the Russian Federation, the inalienable right of children to live and be brought up in the family is enshrined. The dialectical method was applied to examine the dynamics of intercountry adoption of Russian children by foreigners. The method of interpretation identified the problems of applying the conflict-of-laws rules of the Family Code of the Russian Federation and foreign law and, the jurisprudence of the European Court of Human Rights in the field of intercountry adoption is analyzed. The implementation of the Hague Convention on the Protection of Children and Cooperation in the Field of Intercountry Adoption of 29 May 1993 and the European Convention on the Adoption of Children of 27 November 2008 into the Russian legal space would significantly simplify the consideration and resolution of cases on the establishment of adoption procedure, reducing the period of case consideration
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