Procedural Peculiarities of Consideration of Civil Cases in the Arena of Children's Rights Protection

Abstract

Protecting the rights of children and creating conditions for ensuring their interests is among the prime state tasks in accordance with international and Russian legislation. One of the fundamental rights of a child, which is enshrined not only in Russian legislation, in particular in the Family Code of the Russian Federation, but also in other international acts, is the right to live and grow up in a family. [1] However, attention must be drawn to the reality that children are left with no parental care for various reasons, and then one of the priority forms of placement of such children is adoption. The leading purpose of this procedure is to offer family education for children left without parents, which guarantees optimal protection of their legal rights and interests. It should be noted that the problems of resolving cases related to the upbringing of children currently require a comprehensive study to raise the effectiveness of judicial protection of violated (disputed) children's rights. Most disputes about the right to raise children are resolved exclusively in court. Therefore, particular attention is drawn to the role of the court, guardianship authorities and the prosecutor as mandatory participants in the judicial process in this category of cases, as well as the legal status of the child and his legal representatives.