Priority in Legal Relations of Upbringing a Child in the Family

Abstract

The article highlights the problems associated with the priority right of parents to raise their children from the position of the public interest in the context of implementation of the Russian Federation state family policy aimed at raising the authority of parenthood in the family and society. On the basis of a comparative analysis of the Provisions of the RSFSR Code1969 and the RF FC, the author concludes that certain rules of the RSFSR Code 1969 provided more comprehensive protection of the parental right to raise a child than the existing Family Code. It is proved that, despite the identical language of the legislator with regard to the exercise of the right of parents and guardians to demand the return of the child from any person who illegally retains a child, the content of the priority right of parents and guardians is specific, and their full analogy may lead to the competition of these rights and, as a consequence, to the loss of the authority of parenthood.