THE LEGAL BASIS FOR THE DEPRIVATION OF PARENTAL RIGHTS IN THE RUSSIAN FEDERATION

Van Lu

The issues of child protection and the priority of family education are the most relevant areas of the state's social policy. However, not all children can be brought up in families and not all parents can properly perform the parental duties assigned to them, which leads to the use of such a measure as deprivation of parental rights against parents. Deprivation of parental rights, acting as an extreme measure of parental responsibility in relation to minors, is primarily aimed at protecting the rights and interests of the child in cases where it is not possible to protect the child in any other way. For this reason, the norms of Russian family law contain an exhaustive list of grounds for the deprivation of parental rights. At the same time, a number of categories included in the lists of grounds for deprivation of parental rights are interpreted exclusively in law enforcement practice and do not have a legal definition. This situation leads to the fact that the courts can decide to refuse to satisfy claims for deprivation of parental rights at their discretion. Among such categories, the category of "malicious evasion of alimony payments" can be distinguished. The absence of a definition of "malicious evasion of alimony payments" leads to instability of judicial practice in resolving the issue of deprivation of parental rights. The solution to the existing problem is seen in the need to change the legislative approach to the content of such a category as "malicious alimony evasion" by establishing clearer and more measurable criteria for such a category. Thus, the category of "malicious evasion of alimony payments" should be calculated by a certain number of months of non-payment of alimony and should be linked to the maximum minimum amount of alimony as a percentage of the monthly assigned (certain) amount in case of partial payment. This approach will minimize cases of abuse of rights by parents, whose duty it is to pay alimony, as well as a more reasonable approach to making appropriate court decisions.

Keywords:deprivation of parental rights, extreme measure of legal responsibility, malicious evasion of alimony payments, child protection, family education.