Some aspects of deprivation of parental rights as a family law means of protecting the interests of the child

Abstract

The scientific article investigates certain aspects of deprivation of parental rights as a family legal means of protecting children. The grounds and consequences of deprivation of parental rights are analyzed. Attention is paid to the peculiarities of taking a child away from parents without depriving them of their parental rights. It is emphasized that the problem of violation of the rights of the child in the family, which is the natural environment for the development and upbringing of a child, is not only a moral problem of society, but also requires effective legal means of protecting children, incl. family law. Although the list of grounds for deprivation of parental rights established by the Family Code is exhaustive and cannot be interpreted broadly, it contains a number of evaluative concepts, the interpretation and assessment of which must be carried out in each specific case by the court. It is indicated that a characteristic feature of deprivation of parental rights as an exclusive means of family law, applies to parents who do not fulfill their duties, is exclusively a judicial procedure for deprivation of parental rights. It is emphasized that the legal consequence of deprivation of a person's parental rights is the termination of family legal relations between parents and a child. At the same time, the application of a family legal sanction in the form of deprivation of parental rights does not mean the deprivation of paternity as a biological connection between the child and the parents and the complete termination of the legal connection between them. It is noted that the interests of the child can be protected through the removal of the child from the parents without deprivation of parental rights. The basis for this decision is that leaving the child with them is dangerous to his life, health and moral education. The only criterion that makes it possible to distinguish between deprivation of parental rights and the removal of a child without deprivation of parental rights is the degree of guilt of the parents.