The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
The article concerns one of the topical and still in a clear form unresolved family law issues on the use of corporal punishment by parents. It argues that corporal punishment, even in the mildest form, is violence against a child and harms the child’s mental health and moral development, and therefore should be explicitly prohibited in the law.
The present article considers issues of removal of children from parental custody on various grounds; describes legislative regulation of this procedure in the Russian Federation; considers foreign practice in this issue.
Like any legal system, the area is nounwritten laws remained unchanged and evolved under the influence of the conditions of social development. At the same time, the customary law has been much resistance because of the predominance of its sources are not formal dogmatic and practical factors of natural and moral and ethical, spiritual and religious phenomena of the national consciousness. Adherence to customary law defined communal way of life and traditions of agrarian labor, social structure and identity of rural mentality. In practice, the national rights embodied idea of the rule of law, finds its expression in how to organize family life form. Currently, there is a gradual departure from the ethnic and cultural values and the loss of national roots under the influence of globalization and unification of the law according to Western standards according to the Roman-Germanic legal system. This trend, unfortunately, does not give the desired impact of the modern Russian legislation. Improve the efficiency of the domestic legal system, to some extent can the revival of customary law, as well as a return to the origins of the legal heritage in the regulation of marriage and family relations, which will help identify ways to reform the legal system to achieve legal compliance by citizens and, in the end, form the legal culture of the Russian nation.
The article analyzes the ECHR positions and practice on compliance of courts' decision on appellation and changing of a person's name (surname, name, patronymic) with the terms of the European Convention of Human Rights&