The question on restriction of the parental rights dares in a judicial order

Автор: Пользователь скрыл имя, 30 Декабря 2011 в 10:02, доклад

Краткое описание

The right to a claim presentation about restriction of the parental rights, according to item 3 of item 73 СК the Russian Federation with a view of timely acceptance of measures on protection of the rights and interests of children allocates:

Near relations of the child – one of parents of the child, the grandfather, the grandmother, brothers, sisters;

Файлы: 1 файл

The question on restriction of the parental rights dares in a judicial order.doc

— 28.50 Кб (Скачать)

The question on restriction of the parental rights dares in a judicial order. 

The right to a claim presentation about restriction of the parental rights, according to item 3 of item 73 СК the Russian Federation with a view of timely acceptance of measures on protection of the rights and interests of children allocates: 

Near relations of the child – one of parents of the child, the grandfather, the grandmother, brothers, sisters; 

Bodies and establishments to which the law assigns duties on protection of the rights of minor children, including bodies of guardianship and guardianship, the commission on affairs of minors, educational establishments; 

Preschool educational institutions, i.e. kindergartens of various type and the development centers ребенка9; 

Educational institutions, i.e. initial, basic, average comprehensive schools, lycées and гимназий10; 

Other establishments (public health services, social protection, etc.); 

The public prosecutor.  

Claim presentation about restriction of the parental rights probably only to parents (or to one of them) as restriction of the parental rights doesn't extend on the persons, parents replacing to the child (trustees, trustees, adoptive fathers, reception parents) 

If demands about collecting of the alimony on the maintenance of the child are simultaneously made, the claimant can address in court in a place of the finding. However use of such possibility usually has no sense, as from all points of view expediently consideration of the claim for the location of the child which in this sort of affairs coincides with a residence of the respondent.  

Restriction of the parental rights is a version of restriction of one of fundamental laws (item 2 of item 38 of Constitution РФ11) citizen. Affairs of the given category are considered by court according to the grazhdansko-remedial legislation in an order similar to deprivation of the parental rights, i.e. as claim manufacture, with obligatory participation of the public prosecutor and guardianship and guardianship body (item 4 of item 73 СК). The guardianship and guardianship body carries investigation of living conditions of the child and represents to court the conclusion about expediency of restriction of the parental rights. 

For the parents limited in the parental rights as well as for the parents deprived of the parental rights, the duty remains to contain the ребенка12. Therefore the court simultaneously about restriction of the parental rights should solve with the requirement according to item 5 of item 73 СК a question on collecting of the alimony on the child from the parents limited in the parental rights. Thereby it is underlined that it is a question not of a court duty. The right to solve this question with reference to the given concrete situation is only given to it. And the main thing - not to disregard a problem алиментирования the child parents (one of them) in case of restriction of their parental rights. As, as a rule, subject отобранию at parents the minor, isn't arranged yet, it makes sense simultaneously with satisfaction claim requirements about restriction of the parental rights to collect from the respondent the alimony on the child according to item 84 СК the Russian Federation.  

 At удовлетв

Информация о работе The question on restriction of the parental rights dares in a judicial order