RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 14, 2017 No. 44

About practice of application by courts of the legislation in case of the dispute resolution, the rights connected with protection and legitimate interests of the child in case of direct threat of his life or to health, and also in case of restriction or deprivation of the parent rights

Each child has the right to live and be brought up in family, the right to cohabitation with parents and education by them, and also the right not to be separated from the parents contrary to their desire, except as specified, when competent authorities, according to the judgment, determine according to the applicable law and procedures that such separation is necessary in the best interests of the child (Item 1 of Article 8, Item 1 of article 9 of the Convention on the Rights of the Child, Item 2 of article 54 of the Family code of the Russian Federation).

For the purpose of ensuring unity of practice of application by courts of the legislation in case of the dispute resolution, connected with restriction or deprivation of the parent rights, and also confiscation of the child in case of direct threat of his life or to health, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

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