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Relationship of the domestate legislation of the Russian federation and Ukraine and international legal acts on the priority of family education

Golikova Svetlana Vital'evna  (Candidate of Legal Sciences, Associate Professor of the Department "Theory and History of State and Law" of the Sevastopol State University)

The paper notes the fact that the Russian Federation signed the Hague Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption of 1993 on September 7, 2000, and Ukraine signed the European Convention on the Adoption of Children (revised) 2008 on April 28, 2009. Consistently comparing the provisions of these international documents with domestic legal norms, it is concluded that the ratification of the relevant Conventions by the Russian Federation and Ukraine at the moment will create additional uncertainty in the regulation of the adoption process, as a result of which the general legal regime for international adoption will not be able to be ensured. On the contrary, attention is drawn to the fact that the Russian Federation, unlike Ukraine, is not a party to international conventions specifically related to the transfer of children under guardianship (guardianship), which justifies the need for the Russian Federation to join the European Convention on the Recognition and Enforcement of Decisions regarding Custody of Children.The paper notes the fact that the Russian Federation signed the Hague Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption of 1993 on September 7, 2000, and Ukraine signed the European Convention on the Adoption of Children (revised) 2008 on April 28, 2009. Consistently comparing the provisions of these international documents with domestic legal norms, it is concluded that the ratification of the relevant Conventions by the Russian Federation and Ukraine at the moment will create additional uncertainty in the regulation of the adoption process, as a result of which the general legal regime for international adoption will not be able to be ensured. On the contrary, attention is drawn to the fact that the Russian Federation, unlike Ukraine, is not a party to international conventions specifically related to the transfer of children under guardianship (guardianship), which justifies the need for the Russian Federation to join the European Convention on the Recognition and Enforcement of Decisions regarding Custody of Children

Keywords:International law; convention; adoption; guardianship (custody); child.

 

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Citation link:
Golikova S. V. Relationship of the domestate legislation of the Russian federation and Ukraine and international legal acts on the priority of family education // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№03. -С. 133-137 DOI 10.37882/2223-2974.2022.03.12
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