The problem of the practical application of the provisions of paragraph 2 of article 73 of the Family code of the Russian Federation for restriction of parental rights

Vinogradova Tatiana, Indrikov Igor

Object: to confirm the imperfection of the hypothesis of the rule par. 2 p. 2 article. 73 of the Family code, where there is no clarification of the grounds for restriction of parental rights, indicate the non-application of paragraph 2 of article 61 of the code of civil procedure in another case involving the same persons. Methods: the content of the ABZ norm is subject to analysis. 2 paragraph 2 of article 73 of the Family code of the Russian Federation, as well as for example, a particular litigation, considered the application of this regulation. Findings: if it is necessary to re-prove the grounds for restriction of parental rights after the refusal of the claim for deprivation of parental rights and the immutability of the grounds, if the behavior of the parents (one of them) is not aggravated, we can talk about the immutability of the decision in the case. Conclusions: it is necessary to specify the grounds for limiting parental rights and ways to confirm the reality and relevance of the dangerous behavior of parents (one of them) in the paragraph. 2 paragraph 2 of article 73 of the RF IC.

Keywords:Family code; restriction of parental rights; deprivation of parental rights; protection of the rights of the child; guardianship authorities; disputes related to the upbringing of children.