SPECIAL ORDER OF JUVENILE FAMILY RIGHTS PROTECTION: THEORY AND RESEARCH ASPECTS

Abstract

The article describes theory and research aspects of special order of juvenile family rights protection on the basis of existing family legislation. A key problem in this sphere is child's special legal status in family relations. Every child acts as a subject of these relations and has the right to protect the rights independently in all ways provided not only according to the Family code of the Russian Federation (further - the IC RF) but also using different ways specified in other laws. Traditionally there are two main forms of juvenile protection - jurisdictional and not jurisdictional. The main form of juvenile protection is jurisdictional: general (or judicial) and special (or administrative) protection acts. The author analyzed standards of the Family code of the Russian Federation and the Civil Code of the Russian Federation, the Federal law "About children’s welfare", the Federal law "About Prosecutor's Office of the Russian Federation", the Decree of the President "About children’s rights ombudsman of the Russian Federation ". The author also studies scientific works of the leading Russian scientists in the field of family law. During the research the author draws a conclusion that administrative protection of juvenile family rights in the Russian Federation has legislative solution. At the same time, it is necessary to recognize that achievement of native law and order is the right for judicial protection proclaimed by the Constitution of the Russian Federation in 1993. It states the availability of justice to any person and restriction inadmissibility to appeal to the court.