Preview

Russian Law Journal

Advanced search

Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis

https://doi.org/10.17589/2309-8678-2019-7-3-82-106

Full Text:

Abstract

The authors identify characteristic features of how certain children’s rights are exercised under the family law of Russia and the legislation of the Commonwealth of Independent States (CIS). The norms of the CIS family law on children’s rights are specific; they adhere to national cultural traditions and customs that have an impact on the implementation and protection of children’s personal non-property rights. The authors point out that a child, under certain circumstances, can be a carrier not only of the rights and obligations provided for by the family codes of independent States, but also by family law of the CIS. The article points out to the need to define the law applicable to regulating relations where the participants have different or dual citizenship, or legal facts occurred on the territory of one State that is a member of the CIS. The authors describe a defect in Russian legislation regulating the status of a child with dual citizenship. The problem of legislative consolidation of the concept of proper upbringing of a child is addressed, as are ways that children may undertake self-protection of their rights granted in CIS member States. One peculiarity of the family codes of CIS member States is the norms regulating a child’s participation in personal non-proprietary and proprietary relations. Special attention is paid to alimony payments. Moreover, the authors consider the laws that regulate dissolution of a marriage, as well as how such dissolution affects the legal status of the child. The article focuses on deprivation of parental rights as a radical method of breaking the bond between a child and parents, distinguishing the deprivation of parental rights from their restriction. The authors consider adoption procedures, as well as the legal status of the adopted and adoptive parents. Each problem is considered by using the comparative legal research method.

About the Authors

Natalya Letova
Institute of State and Law of the Russian Academy of Sciences
Russian Federation

Leading Researcher

10 Znamenka st., Moscow, 119019



Igor Kozhokar
Institute of State and Law of the Russian Academy of Sciences
Russian Federation

Senior Researcher

10 Znamenka st., Moscow, 119019



References

1. Елисеев И.В. Гражданско-правовое регулирование международной купли-продажи товаров [Eliseev I.V. Civil Law Regulation of the International Sale of Goods] (St. Petersburg: Yuridicheskiy Tsentr Press, 2002).

2. Лунц Л.А. Международное частное право. Общая часть [Luntz L.A. Private International Law. General Part] (Moscow: Gosyurizdat, 1959).


For citation:


Letova N., Kozhokar I. Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis. Russian Law Journal. 2019;7(3):82-106. https://doi.org/10.17589/2309-8678-2019-7-3-82-106

Views: 133


ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)