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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 14, 2017 No. 44

About practice of application by courts of the legislation in case of the dispute resolution, the rights connected with protection and legitimate interests of the child in case of direct threat of his life or to health, and also in case of restriction or deprivation of the parent rights

Each child has the right to live and be brought up in family, the right to cohabitation with parents and education by them, and also the right not to be separated from the parents contrary to their desire, except as specified, when competent authorities, according to the judgment, determine according to the applicable law and procedures that such separation is necessary in the best interests of the child (Item 1 of Article 8, Item 1 of article 9 of the Convention on the Rights of the Child, Item 2 of article 54 of the Family code of the Russian Federation).

For the purpose of ensuring unity of practice of application by courts of the legislation in case of the dispute resolution, connected with restriction or deprivation of the parent rights, and also confiscation of the child in case of direct threat of his life or to health, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. The family code of the Russian Federation (further - the IC RF), having fixed priority in education of children for their parents, determined that the parent rights cannot be performed in contradiction with interests of the child; when implementing the parent rights parents have no right to do harm to physical and mental health of children, their moral development, and methods of education of children shall exclude the scornful, cruel, rough, degrading human dignity address, insult or exploitation of children (Item 1 of Article 63, Item 1 of Article 65 IC RF).

The parents performing the parent rights to the detriment of the rights and interests of children can be limited to court in the parent rights or are deprived of the parent rights (Item 1 of Article 65, Article 69, Article 73 IC RF).

In exceptional cases, in case of direct threat of life of the child or to his health the guardianship and custody body has the right according to Article 77 IC RF immediately to take away the child from parents (one of them) or from other persons on whose care it is, based on the act of executive body of the subject of the Russian Federation or the head of the municipality if the law of the subject of the Russian Federation local government bodies are given authority on guardianship and custody according to the Federal Laws (further - the act of executive body of the subject of the Russian Federation or the head of the municipality of confiscation of the child). In case of disagreement with the act of executive body of the subject of the Russian Federation or the head of the municipality of confiscation of the child parents or persons on whose care the child was can take a legal action with the claim for recognition of the specified act invalid and about return of the child to family.

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