The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children


https://doi.org/10.17589/2309-8678-2017-5-2-95-112

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Abstract

The following article deals with the challenges created by legal regulations concerning divorced or separated couples and focuses on the rights of separated parents with children. The article analyzes the problems associated with law enforcement practices in this area, the gaps in existing family law, as well as the disputed aspects of theory concerning parents’ legal relations. Suggestions for legislative developments in Russia concerning the protection of family rights within separated families are given. The authors of this paper argue for a rethink of existing approaches to legal regulations in this field of law due to the fact that existing family legislation does not take into consideration many of the challenges and realities of modern parenthood. Furthermore, current legal regulations in Russia do not fully correspond to international legal norms. The authors contend that this will lead to the curtailment of the legal rights of the separated parents. Such status is characterized, on the one hand, by unreasonable restrictions on parental rights. On the other hand, it permits only a limited degree of responsibility for a child’s upbringing and financial support on the part of a parent living separately from their child. The authors propose that, in this respect, it is necessary to rethink disputed legal decisions relating to family law and the implementation of family law in practice. By analyzing such implementation, the authors single out a number of interrelated factors that must be overcome in order to effectively protect separated parents’ relationships with their children. The aim of the article is to initiate a new approach to parental legal relations after divorce or separation and to propose new legislative regulations concerning the legal status of a parent who lives separately from their child. New developments in family law are proposed in order to ensure a balance between parental responsibilities and rights as well as the rights of the child.


About the Authors

Tatiana Krasnova
Tyumen State University
Russian Federation

Associate Professor, Head of the Department of Civil Law and Civil Procedure

38 Lenina St., Tyumen, 625003



Irina Pluzhnik
Tyumen State University
Russian Federation

Professor, Head of the Department of Foreign Languages and Intercultural Professional Communication for Law and Economics

38 Lenina St., Tyumen, 625003



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Supplementary files

For citation: Krasnova T., Pluzhnik I. The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children. Russian Law Journal. 2017;5(2):95-112. https://doi.org/10.17589/2309-8678-2017-5-2-95-112

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