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