scholarly journals ABOUT REAL INEQUALITIES IN THE EXERCISE OF PARENTAL RIGHTS AND DUTIES TOWARDS THE CHILD

2021 ◽  
Vol 16 (1-2) ◽  
pp. 58-72
Author(s):  
Cristina Dobre
Keyword(s):  
Legal Rule ◽  
Parental Rights ◽  
Common Denominator ◽  
Social Situations ◽  
Judicial Practice

In judicial practice, the issue of real inequality between parents in terms of the exercise of their rights and duties over the child has been raised, causing much discussion in this regard. In this context, we show in this article that the principle of equality does not prohibit certain specific rules. Therefore, we stress that real inequality results from these specific rules, and to the extent that equality is not natural, imposing it would be tantamount to discrimination. Moreover, we point out that in judicial practice it has been decided that respect for the principle of equality of rights does not mean that the legal rule reflects the full uniformity of social situations, but that, on the contrary, the diversity of social situations can be proportionately adjusted to bring them to a common denominator.

ABANDONMENT OF MOTHERHOOD IN THE SYSTEM OF LEGAL FACTS: PROBLEMS OF DISCREPANCY BETWEEN THEORY AND PRACTICE

2021 ◽  
pp. 126-136
Author(s):  
Natalya A. Ablyatipova ◽  
Keyword(s):  
Law Enforcement ◽  
Adoptive Parents ◽  
Theory And Practice ◽  
Parental Rights ◽  
Inappropriate Use ◽  
Judicial Practice ◽  
Parents And Children ◽  
Imple Mentation ◽  
The One ◽  
The Right

The problem of improving the norms of family law in terms of protecting the rights and interests of parents and children is long overdue. At first glance, the current Russian family legislation sufficiently regulates the issues of establishing the origin of children, the issues of birth registration and the rules for specifying the child's parents. However, one of the gaps is the voluntary refusal to exercise parental authority. In the legislation, the term "abandonment of a child" does not exist, but in fact, in practice, it is possible to perform this action. The issues of the legal nature of the parents ' rejection of the child, its content and legal conse-quences are not given sufficient attention, while the lack of a theoretical basis not only hin-ders the improvement of legislation, but also leads to a "free" interpretation of the current norms by law enforcement entities. In this regard, this study highlights the right to mother-hood and aims to consider it in the context of the legal possibilities of the mother of the child not to fulfill the obligations provided for by law by refusing them. The article examines the refusal procedure, identifies individual forms of refusal imple-mentation and their legal consequences. Based on the analysis of legislation and judicial practice, it is highlighted that in the course of law enforcement practice, situations are identified that are not covered by the existing norms. The analyzed norms testify to the inappropriate use of the term “abandonment of motherhood”. Refusal to exercise the powers of motherhood, fulfillment of duties, as well as granting consent to adoption are not a manifestation of the right to dispose of parental rights, which are inherently inseparable from the person. The author has established that the actual mechanism of this procedure is expressed in two possible forms: 1) the absence of the fact of the emergence of a legal connection between the mother and the child; 2) deprivation of parental rights in the manner prescribed by law. Based on the analysis of the materials of judicial practice, certain problems of the procedure for abandoning the child by the mother, as well as the consequences of the placement of children, depending on the form of refusal, were identified. It is established that on the one hand, if the mother of the child leaves the child without expressing the intention of further placement, the law establishes the basis for the deprivation of her parental rights after six months. On the other hand, if consent to the adoption is given with the indication of potential adoptive parents, the time period during which such adoption should be implemented and how the legal connection between the mother and the child will be severed is not established procedurally. The author identifies a number of typical problems associated with the refusal of the mother to take the child and exercise parental rights, and therefore offers recommendations aimed at improving the legislation, taking into account the needs of the current law enforce-ment practice.

scholarly journals Some Triable Issues in Disputes between Subjects of Insurance of the Developer’s Civil Liability

2021 ◽  
Vol 16 (1) ◽  
pp. 91-98
Author(s):  
A. A. Goncharova
Keyword(s):  
Consumer Protection ◽  
Civil Liability ◽  
Legal Rule ◽  
Judicial Practice ◽  
Monetary Compensation ◽  
Protection Legislation ◽  
The Law ◽  
Insurance Compensation

The paper explores the contradictions in judicial practice arising in the consideration of disputes between insurers and citizens — participants of share building. The objective of the paper is to identify the essence of the emerging disagreements between the subjects and determine their nature. The analysis takes into account changes in legislation affecting the field of share building. The author relies on the data of current jurisprudence. The author considers as the most common disagreements the applicability of consumer protection legislation to the relationships between the insurer and the beneficiary — the construction participant -- and the validity of payment of insurance compensation provided that the construction participant demands to transfer dwelling premises rather than monetary compensation. In both cases, the author has determined deficiencies in law. The former lacks the necessary legal rule, allowing courts to make decisions by applying different analogies of the law in resolving identical disputes. The second deficiency of the legal rule is not fully formulated, which makes the insurer’s position uncertain when replacing the lender.

Analysis of legal regulation and judicial practice of resolving disputes between parents about children

2021 ◽  
Author(s):  
Viktoriya Dergunova ◽  
Anastasiya Prokopova
Keyword(s):  
Central Place ◽  
Legal Regulation ◽  
Best Interests ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Place Of Residence ◽  
Child Abduction ◽  
Judicial Practice ◽  
Rights Of The Child ◽  
Wide Range

The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated. For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.

ON THE INEXTRICABLE LINK BETWEEN THE PERSONALITY OF THE PARTICIPANT AND THE SOCIETY ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE ON BRINGING THE DEBTOR'S CONTROLLING PERSONS TO SUBSIDIARY LIABILITY

2021 ◽  
Vol 17 (01) ◽  
pp. 135-139
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Family Members ◽  
Parental Rights ◽  
Legal Entity ◽  
Legal Personality ◽  
Judicial Practice ◽  
The Family ◽  
Entrepreneurial Activities ◽  
A Minor ◽  
Civil Death

The purpose of the research. Bankruptcy proceedings increasingly involve not only controlling persons but also members of their families. The reason for this is the conflict of interests of the family and creditors. The development of bankruptcy legislation leads to a reduction in the possibilities of preserving the property of family members from collection under the obligations of the controlling person of the debtor. Until recently, one of these methods was the alienation of property in favor of a minor, which undoubtedly led to a violation of creditors' interests. The need to protect creditors' interests gave rise to new specific forms of lawmaking by the higher courts, in particular, bringing the children of the controlling debtor to responsibility. This decision seems to be controversial. This is the exhaustion of the theory of independent legal personality of a legal entity and the lack of a theoretical justification for the implementation of entrepreneurial activities of citizens in the form of participation (membership) in a legal entity. The article aims to identify sources of legal uncertainty in bringing the children of the controlling debtor to respond within bankruptcy procedures. The article analyzes the judicial practice in cases of bringing family members of a controlling debtor, including children, as controlling beneficiaries, to subsidiary liability for society's obligations through the prism of the conscientiousness of the exercise of parental rights and the conscientiousness of a minor. Results. It is proposed to introduce into legislation two presumptions: a refutable presumption of the conscientiousness of a parent and an irrefutable presumption of a child's good faith as a tool to save a minor from civil death through the fault of the parents.

The Essence and Features of Deprivation of Parental Rights as a Measure of Family Legal Responsibility

2020 ◽  
pp. 80-85
Author(s):  
I. L. Shamraeva ◽  
L. V. Volkova
Keyword(s):  
Family Law ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Legal Institution ◽  
Judicial Practice

This article is generally devoted to one of the most relevant topics of family law — deprivation of parental rights. The characteristic, specific features inherent in this legal institution are highlighted. The article analyzes the materials of judicial practice, draws conclusions on the practice of applying the deprivation of parental rights measures of family legal responsibility.

scholarly journals Deprivation of parental rights through the prism of appeal

2018 ◽  
Vol 8 (4) ◽  
pp. 44-54
Author(s):  
N.V. Koval ◽  
A.N. Zenkin
Keyword(s):  
Russian Federation ◽  
Child Rearing ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation ◽  
Role Of Parents

The article raises the question of the application to parents of extreme measures of family legal responsibility-deprivation of parental rights. Turning to the constitutional status of the family in the Russian Federation, determining the policy of the state, the authors show the fundamental importance of the family and the role of parents in the upbringing of children. Arguing over the nature of their freedom to act in the performance of their child-rearing duties, the authors analyze the legislative prohibitions that restrict such freedom in cases where the latter begin to act contrary to the interests of the child. The purpose and the closed list of the bases for application of a punishment measure in the form of deprivation of parental rights (Art. 69 of the RF IC) is opened, it is specified on their detailed explanations by the Supreme Court of the Russian Federation. Familiarization with them shows the complexity and ambiguity in the assessment of the same circumstances that lead various courts to diametrically opposed decisions on the possibility of deprivation of parental rights. The analysis of the regional judicial practice allowed the authors to look at the problem through the eyes of the court of appeal, as well as to summarize and formulate the grounds that formed the basis of the appellate rulings that overturn the decisions of lower courts on the issue under consideration.

scholarly journals Exercise of Personal Non-Property Parental Rights and Duties: Judicial Protection in the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 7-11
Author(s):  
Nadezhda S. Nizhnik ◽  
◽  
Natalia A. Burdanova ◽  
Keyword(s):  
Russian Federation ◽  
Subject Matter ◽  
Parental Rights ◽  
Place Of Residence ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Judicial Protection

The exercise of personal non-property parental rights and responsibilities in modern Russia is ensured by the possibility of judicial protection and the application of sanctions for non-performance or improper performance. Failure by the parents of the child and other persons to reach agreement on the issues of upbringing, education and child’s place of residence leads to litigation on the exercise of personal non-property parental rights and responsibilities. The regulatory grounds for litigation related to the exercise of personal non-property parental rights and obligations and the possibility of judicial resolution of a dispute related to the exercise of parental rights and obligations have been considered by the author on the basis of the analysis of legislation and judicial practice. The classification of disputes related to the exercise of personal parental rights and obligations has been made according to various criteria (according to the subject composition and content of disputes). The rules of subject matter jurisdiction and court jurisdiction of disputes related to the exercise of personal parental rights and responsibilities have been characterized.

Hotspots in Psychology – 2020 Edition

2020 ◽  
Vol 228 (1) ◽  
pp. 1-2
Author(s):  
Michael Bošnjak ◽  
Nadine Wedderhoff
Keyword(s):  
Systematic Reviews ◽  
Research Synthesis ◽  
Synthesis Methods ◽  
Common Denominator ◽  
The Common ◽  
Meta Analyses

Abstract. This editorial gives a brief introduction to the six articles included in the fourth “Hotspots in Psychology” of the Zeitschrift für Psychologie. The format is devoted to systematic reviews and meta-analyses in research-active fields that have generated a considerable number of primary studies. The common denominator is the research synthesis nature of the included articles, and not a specific psychological topic or theme that all articles have to address. Moreover, methodological advances in research synthesis methods relevant for any subfield of psychology are being addressed. Comprehensive supplemental material to the articles can be found in PsychArchives ( https://www.psycharchives.org ).

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