Graph I. Y. (graduate student, Saratov State Law Academy, Saratov, Russia,
judge of the Zadneprovsky District Court of Smolensk, Russia
)
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This article discusses the procedural features of finding out the opinion of the child when resolving disputes about the restriction of parental rights. The author indicates certain conditions for observing the rights of the child during his questioning, such as the mandatory participation of a teacher and a representative of the guardianship and guardianship authority in clarifying the opinion of a minor and the need to exclude the influence of interested parties on him, which include his parents. In order to determine the possibility of interviewing a child under the age of ten years, proposals are made to oblige the guardianship and guardianship authorities to submit an appropriate conclusion to the court when preparing a case for trial, to raise the issue of the possibility of interviewing a minor for discussion by the participants in the process. Enshrining at the legislative level the right of a child to express his/her attitude regarding the requirements to restrict the rights of his/her parent(s) is a certain guarantee of the observance of the rights and legitimate interests of minors. After analyzing, the author comes to the conclusion that the position of the child when the court takes a coercive measure against the parents is of decisive importance. At the same time, the author points out the need to refine the procedure for clarifying the opinion of the child.
Keywords:restriction of parental rights, child's opinion, parents, psychologist, court
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Citation link:
Graph I. Y. PROCEDURAL ASPECTS OF CLARIFYING AN OPINION IN RESOLVING DISPUTES ON RESTRICTING A CHILD'S RIGHT TO CONSUMPTION // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№04. -С. 109-111 DOI 10.37882/2223–2974.2023.04.09 |
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