Deputies propose to clarify the concept of “child’s interests” in the Family Code in accordance with traditional values

A group of State Duma deputies proposes to clarify the concept of “child’s interests” in the Family Code in accordance with traditional values. The authors considered the “best interests of the child” to be the protection of his life and health and the preservation of parent-child relationships. Slightly less significant (but still “most important”) were a strong family and preservation of the parents’ marriage, parental authority, parental control over the child, preservation of the child’s family ties and respect for elders. Lawyers interviewed by Kommersant note that existing law enforcement mechanisms work successfully even without deciphering the mentioned wording. The head of the State Duma Family Committee, Nina Ostanina (Communist Party of the Russian Federation), also joined the critics: in her opinion, the initiative only “imitates legislative activity.”

On Monday, amendments to Art. 57 of the Family Code (FC RF), which gives a child who has reached the age of ten the right “to express his opinion when resolving any issue in the family that affects his interests.” The authors propose to specify the concept of “child’s interests” in accordance with traditional Russian family values. The bill was developed by deputies Dmitry Kuznetsov and Dmitry Gusev (SRZP), Oleg Matveychev (United Russia), Ivan Musatov and Stanislav Naumov (LDPR). The authors considered the “best interests of the child” to be the protection of his life and health and the preservation of parent-child relationships. Slightly less significant (but still “most important”) were a strong family and preserving the parents’ marriage, parental authority, parental control over the child, receiving upbringing and education based on traditional Russian spiritual and moral values, preserving the child’s family ties and honoring elders.

In the current version of Art. 57 of the RF IC obliges the child to be heard during any judicial or administrative proceedings. The guardianship and trusteeship authorities or the court can make a decision only with the consent of a child who has reached the age of ten years. Taking his opinion into account is mandatory, except in cases where it is contrary to his own interests. The article is applied, in particular, when deciding the question of which parent the child remains to live with after a divorce or when deciding issues of limiting parental rights.

In the explanatory note, the deputies explain that the absence of a definition of “the interests of the child” in the law is a significant legal gap. At the same time, the authors criticize a number of international conventions ratified by the Russian Federation, including the Convention on the Rights of the Child and the Declaration of the Rights of the Child, believing that the rules on “best interests” contained therein are a kind of “Trojan horse”, with the help of which law and law enforcement practice Western values ​​are being introduced. In addition, Mr. Matveychev believes that the practice of applying Art. 57 of the IC depends on too many side factors: “In our country, opposing decisions on essentially identical cases can be made depending on the region or republic where the case is heard. The judge’s life experience and the prosecutor’s mood can also have an impact.” Mr. Matveychev told a Kommersant correspondent that he hopes for a productive discussion of the bill in the relevant State Duma committees, departments and with representatives of the public.

Partner at the Pen & Paper Bar Association, Ekaterina Tyagai, notes that, despite the lack of a clear definition of the term “child’s interests,” the law and established judicial practice sufficiently disclose it. The changes proposed by the authors of the bill in fact do not comprehensively define or characterize the interests of children, the lawyer believes: “What should the court do if taking into account some of the highest interests – life and health – comes into conflict with another highest interest – the preservation of parent-child relationships? Or how to act in circumstances where “preservation of the child’s individuality throughout childhood” (the most important interest) turns out to be impossible with “the management, guidance and control of the parent over the child” (also highlighted as the most important interest)?” “The developers ignore the question of how the proposed interpretation of the interests of the child will be combined with the lack of effective mechanisms for the prevention and prevention of domestic violence in Russia today,” notes Ekaterina Tyagai.

Lawyer, member of the IAFL (International Academy of Family Law Lawyers) Gayane Shtoyan explains that when resolving issues in family matters, the court evaluates evidence, including “according to its personal conviction,” but every judicial act is based on clear legal mechanisms, “ therefore, it is unnecessary to talk about gaps in legislation.” Family affairs, despite their external similarity, are always distinguished by great individuality, says Mrs. Shtoyan, and “excessive specification can even be harmful.” “We see in the text “leadership and management of children,” although the interests of the child are care for him, not leadership,” the expert notes, and the clause about preserving the authority of parents, in her opinion, completely “translates the problem into the plane of non-legal terminology ” The expert recalled that Russia has not withdrawn from a number of international conventions, which also specify the concept of “the interests of the child” and help resolve disputes related to children between countries.

The head of the relevant State Duma committee, Nina Ostanina, joined critics of the bill, calling the initiative “an imitation of legislative activity that replaces the resolution of really important issues.” The deputy is sure that the concept of “the interests of the child” does not need additional decoding, since it is obvious that the priority is “his life and health.” “We are celebrating the Year of the Family, so everyone is trying to gain popularity on this topic. But the people do not need initiatives that do not change the real lives of children across the country,” says Mrs. Ostanina. “We need comprehensive changes, for example, to increase financial support for families, their access to education and medicine, and not theoretical formulations.”

Polina Yachmennikova