of December 17, 2013 No. 37
About introduction of amendments to the resolution of the Plenum of the Supreme Court of the Russian Federation of April 20, 2006 No. 8 "About application of the legislation by courts by hearing of cases about adoption (adoption) of children"
Due to the questions which arose at courts, and also in connection with change of the legislation governing the relations on adoption of children, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law of the Russian Federation", No. 8 "About application of the legislation by courts by hearing of cases about adoption (adoption) of children" decides to make the following changes to the resolution of the Plenum of the Supreme Court of the Russian Federation of April 20, 2006:
1) in item 4:
in the first offer of paragraph two of the word "proceed from Article provisions 57 IC RF according to which" shall be replaced with words "are guided by provisions of article 12 of the Convention on the Rights of the Child and Article 57 IC RF according to which";
paragraph two after the first offer to add with the offer of the following content: "Proceeding from the specified regulations the court can also interview in judicial session of the child aged is younger than ten years if comes to conclusion that the child is capable to formulate the views on the questions concerning its adoption.";
Item 8 to state 2) in the following edition:
"8. In case of consideration of the application about adoption it is necessary to check whether there are no bases established by Articles 127 and 128 of the IC RF, excluding opportunity to be adoptive father for the applicant.
At the same time the court, in particular, should mean that:
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