Features of Legal Regulation of Disputes About Children, Domestic and Foreign Experience

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Abstract

This article examines the features of the legal regulation of litigation related to the upbringing and communication of children after divorce proceedings. The authors analyze various aspects, including establishing the child’s place of residence, resolving issues related to communication with parents and other relatives, as well as taking into account his interests and opinions. The findings are based on a review of existing legislation, case law and academic research in the field of family law. The authors highlight key principles and norms that should be taken into account when resolving disputes about children, such as: the principles of the best interests of the child, equal rights of parents and respect for the child's rights to communicate with both parents. Researchers examine various approaches to resolving disputes about children, including litigation, mediation, and alternative conflict resolution. Focusing on improving legislation and judicial practice in our country to ensure fair and effective regulation of such disputes, taking into account the characteristics of the specific situation and the needs of each child.

About the authors

Denis Yu. Petrov

Russian Presidential Academy of National Economy and Public Administration

Author for correspondence.
Email: petrov-dy@ranepa.ru
SPIN-code: 1908-4025
Scopus Author ID: 877522

Lecturer at the Department of Management state and municipal property, Expert of the scientific and educational center «Management of State and Municipal Facilities»

Russian Federation, Moscow

Ilya V. Ushankov

Russian Presidential Academy of National Economy and Public Administration

Email: Uhankow@rambler.ru
SPIN-code: 1982-6972
Scopus Author ID: 967425

Cand.Sci.(Law), Associate Professor of the Department of Legal Support of Market Economics Institute of Public Service and Management

Russian Federation, Moscow

Nikolay A. Filippov

Moscow City Bar Association «Sokalsky, Filippov and the partners»

Email: 1489208@gmail.com

Lawyer

Russian Federation, Moscow

References

  1. Belopasova E.V. Child and psyche in conditions of conflict relations between parents // Child and justice: Materials of All-Russian. scientific - practical conf. – M., 2018. – P. 20.
  2. Guldan V.V. The role of the conclusion of a psychological and psychiatric examination in the consideration of judicial disputes about the place of residence and the procedure for communicating with a child // Russia and justice: materials of the All-Russian. scientific-practical conf. – M., 2018. – P. 44.
  3. Dergunova V.A. Features of the use by courts of the Declaration of the Rights of the Child when resolving disputes between parents about the place of residence of children / V.A. Dergunova // Lawyer. - 2016. - No. 11. - P. 50–54.
  4. Kravchuk N.V. Convention on International Child Abduction: legislative problems and prospects for implementation / N.V. Kravchuk // Family and housing law. — 2013. — No. 1. — pp. 12–17.
  5. On the practice of courts applying legislation when resolving disputes related to the protection of the rights and legitimate interests of a child in the event of an immediate threat to his life or health, as well as in the case of restriction or deprivation of parental rights: Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 14, 2017 No. 44.
  6. Safuanov F.S., Kharitonova N.K., Rusakovskaya O.A. Foreign practice of participation of psychologists and psychiatrists in legal disputes about children // Legal psychology. – 2009. – No. 1. – P. 38-48.

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