scholarly journals Family Rights of the Child and Their Legislative Support

2021 ◽  
Vol 39 (71) ◽  
pp. 205-223
Author(s):  
Vitalii M. Cherneha ◽  
Liudmila V. Kuznetsova ◽  
Oleh V. Fedorchenko ◽  
Olena A. Kaminska ◽  
Sergіі V. Bezpalko
Keyword(s):  
International Law ◽  
Legal Status ◽  
State Level ◽  
Free Expression ◽  
Practical Implementation ◽  
Rights Of The Child ◽  
Legal Relationship ◽  
Parents And Children ◽  
The Family ◽  
Legislative Support

The objective of the study was to identify the legal mechanisms for the protection of the family rights of the child and to outline the main problems of their implementation. The child's family rights system was found to contain the child's intangible basic rights, which establish his or her legal status in the family. This system includes the child's right to life, name, citizenship, knowledge of his parents, care of parents, coexistence with parents, preservation of his identity and citizenship, free expression of his own views. It states that the protection of the family rights of the child and the legal relations of parents and children is based on four principles. It is determined that the practical solution of issues related to the exercise of the family rights of the child is regulated by international law, which makes it possible to resolve issues related to the legal relationship between parents and children at the inter-State level. It is concluded that perspectives on legislative support for the family rights of the child demand further empirical research, as well as a theoretical and methodological justification for determining the legal mechanisms of their practical implementation.

The attitude to children, their right for life and development in Russia (X cent.-beginning of the XVIII cent.)

2014 ◽  
Vol 5 (1) ◽  
pp. 126-131
Author(s):  
Galina Lvovna Mikirtichan
Keyword(s):  
Corporal Punishment ◽  
Basic Principle ◽  
Legal Status ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Russian Society ◽  
Parents And Children ◽  
The Family ◽  
Systematic Program

The article discusses the problem of treatment of children and care for them during the period of Kiev and Moscow Rus and Russia at the beginning of the XVIII century. The basic legislative acts and documents reflecting the situation with children and their legal status, relationships between parents and children are analyzed. The basic principle of relations within the family was lawlessness, unquestioning obedience children to parents which was maintained by both oral reprimands and corporal punishment. Peter I had a systematic program of little-year-olds’ charity on the state level. A number of his decrees aimed to stop infanticide , to change the system of orphans’ protection and help, to alleviate the fate of illegitimate children (including the organization of hospitals for “bastards” and wet nurses service), to create conditions for upbringing and education of children, to reduce beggary. Speed, pragmatism, brutal methods of his reforms splitted the Russian society which was not ready for the new, including the state regulation of orphans’ charity, so the fulfillment of his decrees met great difficulties.

On certain aspects of the protection of the rights of children

2020 ◽  
Vol 2020 (1) ◽  
pp. 66-70
Author(s):  
Lyudmila Tihaya
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Educational Institutions ◽  
Child Prostitution ◽  
Rights Of The Child ◽  
The Family ◽  
Domestic Legislation ◽  
Normative Basis ◽  
Internal Affairs ◽  
A Minor

The article analyses the issue of the rights of minors. Issues of interaction between internal affairs bodies, commissioners for the rights of the child and other actors are under consideration. A number of normative acts and programmes on the rights of minors are being analysed. The normative basis for the protection of the rights of the child in modern Russia is analysed, in particular, the conventions ratified by Russia in this sphere and federal legislation. Selected law enforcement issues in the area of children ‘s rights are also addressed. Recommendations are made to improve the realization of the rights of minors in the activities of internal affairs bodies in cooperation with local self-government bodies. It is noted that in Russia the legal status of a minor is characterized by instability, insufficient social and legal protection, lack of reliable guaranteeing state mechanisms. The plight of minors in modern Russia today is further exacerbated by the fact that domestic legislation has not yet adequately guaranteed them reliable legal protection against adult abuse: in the family, in educational institutions, in society. There are also insufficient legal measures to combat child prostitution, drug addiction and alcoholism. It was to be hoped that addressing the problem in the article would more effectively address those problems. The author hopes that a number of proposals made will be useful in improving the mechanism for the protection of the rights of minors in Russia.

The Status of Outer Mongolia in International Law

1939 ◽  
Vol 33 (3) ◽  
pp. 452-464 ◽  
Author(s):  
Louis Nemzer
Keyword(s):  
International Law ◽  
Legal Status ◽  
Effective Control ◽  
Central Authority ◽  
Half Century ◽  
Spheres Of Influence ◽  
Legal Relationship ◽  
The Status ◽  
Far Eastern

The steady decline during the last half-century in the degree of effective control wielded by China over the borderlands of her great empire has been accompanied by widespread confusion concerning the international position of these areas. Obscured through the establishment by foreign nations of numerous special concessions, spheres of influence, and protectorates, the exact legal relationship existing between the central authority of China and the governors of these territories has been a cause for frequent and vigorous debate. Those groups which have sought to advance the claims of their governments to wider concessions in these regions, and those publicists who have made unsubstantiated statements about the imperialistic aims of various states in these areas, have profited by this confusion. This condition of uncertainty regarding legal status, which exists in some degree with regard to each of the four Chinese dependencies, is markedly present in the case of Outer Mongolia, a region of growing importance in Far Eastern affairs.

scholarly journals Criminal responsibility for recruiting children for use in armed actions (A comparative study)

2020 ◽  
pp. 86-114
Author(s):  
نوفل علي عبد الله الصفو ◽  
إيمان الطائي
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
Future Generation ◽  
Legal Authority ◽  
Armed Groups ◽  
Raising Children ◽  
Rights Of The Child ◽  
The Family ◽  
The Future ◽  
Special Protection

The recruitment of children into armed activities is a dangerous phenomenon that affects societies in their security, safety and maintenance of their future by raising children on the concepts of killing and sabotage as they are the future generation of the future, as the child sometimes resorted to carrying out armed actions of his choice because of the economic disability of the family or to provide protection from the oppression of armed groups for members of his family Or to be recruited by someone who takes care of his upbringing and care, or for him to be forcibly recruited, such as kidnapping or coercion practiced by armed groups against the child, as the search for criminal responsibility for the recruitment of children for use in armed actions is an important topic that has not come C. Criminal laws are a matter of child recruitment. Rather, this crime is stipulated in international law under the Convention on the Rights of the Child of 1989. Therefore, states must provide special protection for children to prevent their exploitation or abuse or prevent serious and inhuman violations that affect them, such as their recruitment into armed actions, whether by others or not. By whoever has legal authority over him.

Theories of justification of diplomatic privileges and immunities: problems and ways of solution

2020 ◽  
pp. 74-79
Author(s):  
Marina Okladnaya ◽  
Yurii Burdai
Keyword(s):  
International Law ◽  
Host Country ◽  
Foreign Relations ◽  
Legal Status ◽  
Rapid Development ◽  
Criminal Prosecution ◽  
Main Body ◽  
Theoretical Justification ◽  
The Family ◽  
Problem Setting

Problem setting. The question of the theoretical justification for the existence of a significant number of privilegesand immunities enjoyed by a diplomatic agent has never lost its relevance. This is due to the fact that they are virtuallyunpunished and inviolable in the territory of the host country in the performance of their duties. D. B. Levin also paidattention to problematic issues concerning privileges and immunities. Scholars such as J. Brownie and V. M. Repetskynoted that the list of privileges should be complete given the rapid development of foreign relations between the subjectsof international law, while L. G. Falaleeva, V. V. Marakhovsky and P. M. Prybluda raised the question of unfoundednessof some privileges enjoyed by the diplomatic corps. The purpose of this work is to summarize the theoretical achievements concerning the argumentation of diplomaticprivileges and immunities, their use by members of the family of a diplomatic agent. We will also try to formulateproposals for possible innovations and restrictions on the legal status of the family of a member of the diplomatic corps. Analysis of recent research. At the doctrinal level, theories arguing for the use of diplomatic privileges and immunitiesby members of a diplomatic agent’s family are highly controversial. Among the modern works devoted to thesubstantiation of diplomatic privileges and immunities, it should be noted the works of Yu. G. Demin, D. B. Levin, V. M.Repetsky. Article’s main body. The article presents a detailed analysis of international law and the views of scholars and specialistsin this field, discusses current theoretical and applied issues of the theories of justification of diplomatic privilegesand immunities. Conclusions. After analyzing the theories of substantiation of diplomatic privileges and immunities, we concludedthat their presence is an integral part of the performance of their functions by a diplomatic agent of any rank. The purposeof such benefits and privileges is not to provide the diplomat with an additional opportunity to violate the law, but toensure his smooth exercise of his functions.The responsibility imposed on the accrediting country for acts committed in essence by persons who are not civilservants is too great and unjustified. We have also established that personal inviolability is an important aspect of theunimpeded stay of family members in the host country. But we propose to narrow this privilege, namely to establish arule that would provide for the possibility of criminal prosecution of a family member of a diplomatic agent, which entailsa sanction related to imprisonment in accordance with the national legislation of the host country.

scholarly journals From War to Peace, from Chaos to School: A Study Among Asylum-Seeking Families in Switzerland

2020 ◽  
Vol 7 (1) ◽  
pp. 6
Author(s):  
Margarita Sanchez-Mazas ◽  
Mottet Geneviève
Keyword(s):  
Media Coverage ◽  
Asylum Seekers ◽  
Legal Status ◽  
Mother Tongue ◽  
Right To Education ◽  
New School ◽  
Rights Of The Child ◽  
The Family ◽  
The Right ◽  
Families With Children

The "migrant crisis" has received a large media coverage addressing the ways to limit refugees' settlement in European countries. Although an increasing number of asylum seekers are or will be admitted in the different states, little attention is devoted to the receiving conditions in the countries of settlement. Yet, a great amount of the incomers involve families with children, so that the schooling issue should be regarded as a major challenge for the receiving countries. Indeed, according to the largely ratified Convention on the Rights of the Child (1989), the right to education has to be implemented irrespective of the family legal status. In this paper, we will show that systematically evaluating these pupils' resources and needs in their mother tongue should be regarded as a key for their adequate orientation into the new school system. We will report situations ranging from illiteracy to unexpected skills acquired through informal schooling or makeshift means. Moreover, on the basis of a series of interviews with the families of newly arrived pupils, we will highlight the schooling impairments these children have experienced in their home country or during their fleeing journey. We will contend that identifying these pupils' needs and resources is a decisive tool against their undiscriminated relegation into special structures, as a result either of stereotyping or of teachers' feeling of helplessness -which are often intertwined.

scholarly journals Identification and Consideration of the Child's Opinion in Parental Disputes about Children

2021 ◽  
Vol 2 ◽  
pp. 15-19
Author(s):  
Natalia A. Kozlova ◽  
◽  
Marina S. Trofimova ◽  
Keyword(s):  
Russian Federation ◽  
Judicial Practice ◽  
Rights Of The Child ◽  
Legal Relationship ◽  
The Supreme Court ◽  
The Family ◽  
Interviewing Children ◽  
The Russian Federation ◽  
Communicating With Children ◽  
Family Code

The question of the child’s age sufficient to take it into account in a family conflict continues to be debatable. To resolve it, the authors of the article analyze the norms of Russian and foreign legislation, the positions of the UN Committee on the Rights of the Child, the Supreme Court of the Russian Federation, representatives of legal science, as well as materials of judicial practice. The authors come to the conclusion that it is inexpedient to establish an age limit in the ability to take into account the child’s opinion in a controversial legal relationship. Emphasis must be placed on the actual level of physical and mental development of the minor. For this, it is proposed to use the available expert methods of interviewing children in order to identify their opinions, which are specially designed to overcome difficulties in communicating with children of different age categories. The article reveals the peculiarities of the implementation of measures for legal education in the field of informing minors about their rights, ways of protecting and restoring them. The authors insist on expanding the content of Article 57 of the Family Code of the Russian Federation, which regulates the content of the child’s right to express their opinion, and propose legislative innovations in the regulation of certain methods of protecting the rights and interests of children.

Family law

2022 ◽  
Author(s):  
Natal'ya Ablyatipova ◽  
Farida Aminova ◽  
Gulshan Bodurova ◽  
Elena Voytovich ◽  
Svetlana Dorzhieva ◽  
...  
Keyword(s):  
Higher Education ◽  
International Law ◽  
Family Law ◽  
Family Relations ◽  
Federal State ◽  
Law Schools ◽  
Educational Standard ◽  
Parents And Children ◽  
The Family ◽  
State Educational

The textbook outlines the main issues of the family law course: the concept and subject of family law, the grounds for applying civil legislation and international law to family relations, the exercise and protection of family rights, marital legal relations, the rights and obligations of parents and children, the placement of children left without parental care, the application of family law to relations involving foreign persons and stateless persons, etc. Prepared in accordance with the Federal State Educational Standard of higher Education of the latest generation and the main professional educational program of higher education in the field of training "Jurisprudence". For students of law schools and faculties, graduate students, teachers, researchers and practitioners, bachelors, specialists in the field of family law, as well as all interested readers.

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