Marital status of the child: problems of the theory and practice

The family, as well as any social phenomenon, reacts to the happening changes in society that, in turn, has a direct impact and on legal status of children in general. The system analysis of the existing Russian legislation allows to note that now in Russia there is no effective system of the measures directed to the solution of children's problems and also necessary conditions for satisfaction of their requirements yet. As the child assumes the need for justification of independence of such special subject not only development of the effective mechanisms of legal regulation with its participation aimed at providing its rights and legitimate interests, but also determination of its status, in particular, of family. At the same time, now the family legislation needs serious systematization, allocation of the largest, independent institutes directed to regulation of the family relations with participation of minors. Regulation of the family relations is carried out taking into account a priority of family education of children, care of their welfare and development, ensuring priority protection of the rights and the interests of minor and disabled family members. According to the Decree of the Russian President of June 1, 2012 No. 761 a main goal of National strategy - to define the main directions and problems of state policy for the benefit of children and the key mechanisms of its realization which are based on universally recognized principles and norms of international law. It is obvious that regulation of the relations with participation of children is carried out taking into account the principle of priority protection of the rights and the interests of the child which value cannot be indifferent for legal status of the child. Application of the reservation "for the benefit of the child" indicates that the legislator considers special position of minors, in fact, indirectly takes their legal status into account. Theoretical judgment is demanded by not only definition of the concept "legal status", but also its contents in which the system of various interindustry connections with participation of the child would be reflected. The existing family legislation though contains a definition of the concept "child", however to determine its legal content and the more so in an exhaustive look to establish the status of the child, it is represented very difficult task. The child is a special legal entity whose basic rights differ in universal character in the sense that they are characteristic of the legislation of all countries without exception. In other words, each state has to provide "the minimum standard" of inalienable rights for each child, regardless of his sex, the place of residence, nationality, nationality, existence or absence at it of family, individual qualities of the child.

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