The Legal Mechanism and Consequences of Taking a Child away from Parents or Other Persons in Whose Care He is in a Direct Threat to the Life and Health of the Child

The article analyzes the legal mechanism and problems of this selection procedure, as well as the consequences of selection. The author states that a child in Russia is guaranteed the right to live and be brought up in a family. But this guarantee does not always come from the priority of the interests of the child and his desire to live, to be brought up in his own family with his relatives who have expressed such an intention. It is necessary to pay attention to the problems of the existing mechanism, since the vectors of its changes broadcast a persistent trend of changing the administrative order to the judicial one, which can overload the judicial system, as well as lead to an expansive interpretation by the law enforcement officer of the existing mechanism of selection and the percentage of appeals, which will also burden the judicial system. As evidenced by the analysis of judicial practice. It is necessary to observe the balance of private and public principles of family law, to specify the existing administrative procedure for the selection of a child through the consolidation in the Family Code of the Russian Federation of the category «immediate threat to the life and health of a child» with its criteria, which will be the most acute and urgent reasons, acting as exceptional measures aimed at protecting the child. Which will allow avoiding an expansive interpretation of this rule by the law enforcement officer in the future.