In the state Duma introduced a draft on the limitation of pre-judicial order of removal of children
Pre-trial procedure for removal of children from family plans to restrict the bill pursuant to the amended Constitution submitted to the state Duma, said the press service of the Duma Committee on state construction and legislation.
The project was made by the co-chairs of the working group on preparation of amendments to the basic law of the Deputy Pavel Krasheninnikov, and Senator Andrey Klishas.
"The bill would limit out-of-court procedure for the confiscation of children from the family. The proposed rules are aimed at ensuring the constitutional provisions on the protection of the family, creation of conditions for worthy education of children in the family", - stated in the message.
So, the bill proposes to establish that the question of removal of a child will be in the competence of the court. To do this, the code of Civil procedure is supplemented by a new category of cases subject to special proceedings - for the removal of the child from parents (one of them) or other persons in charge which he is, under the imminent threat of a child's life or health.
Thus, an application to the court may be filed by the guardianship and guardianship body or the body of internal Affairs received information about the threat of a child's life or health. To ensure that the rights of the child consideration of an application for exemption under the imminent threat of a child's life or health is made by the court in the shortest period of time – 24 hours from the time of receipt of the application. Consideration of the application will be held in a closed court session with the obligatory participation of the representative of body of guardianship and guardianship attorney and also with the participation of the parents (one of them) or other persons, which is in charge of the child. And, if necessary, with the participation of other stakeholders and the child, said Krasheninnikov.
Furthermore, article 77 of the Family code, it is proposed to retain an extrajudicial procedure of removal of a child only in exceptional cases, when there is a risk of the child's death within a few hours. Actions of guardianship and guardianship can be challenged by parents or other persons which takes care of the child.
In addition, corresponding changes are also proposed to the Federal law "On police". In particular, the competence of the bodies of internal Affairs appeal to the court to remove a child when there is a direct threat to his life or health.