Problems of participation of the guardianship authority in the system of disputes on the exercise of parental rights by a parent who lives separately from the child

The nature and complexity of the consideration of disputes concerning participation in the upbringing of the child and the definition of the procedure for communication with him is that it is necessary to protect the subjective rights of minors, while respecting their interests. The public orientation of family law is demonstrated by the rules governing the procedural situation of the guardianship and guardianship authorities in the consideration of disputes concerning the upbringing of children in the separation of parents, which entrust the guardianship and guardianship authorities with the responsibility to protect the institution of childhood. The purpose of this work is to identify the mechanism for the participation of guardianship authorities in the system of disputes concerning the exercise of parental rights by a parent who resides separately from the child. Guardianship and guardianship authorities in accordance with the rules of the Family Code of the Russian Federation are given the authority to consider issues arising between parents in the exercise of their parental rights, their differences. The analysis of the legislation allows to allocate the pre-trial procedure of appeal for the resolution of the dispute, as well as the direct participation of the trusteeship and guardianship authorities in the judicial proceedings. The work examines the mechanism of appeal to the trusteeship and guardianship body and highlights the main problems of pre-trial settlement of the dispute. There are two main categories of disputes concerning the upbringing of children arising from the separation of parents. The established procedure for the consideration of disputes concerning the upbringing of children, provides for the appointment of proceedings in a court session only after receiving from the guardianship authorities the documents drawn up and approved in the established procedure for the examination of the living conditions of persons claiming to be raising the child. The involvement of guardianship and guardianship authorities is primarily aimed at protecting the institution of childhood and promotes a comprehensive examination of the facts by the court. The author has identified a number of typical problems related to the participation of guardianship and guardianship authorities in court proceedings for the upbringing of children, and recommendations are made to optimize the procedure for the participation of these bodies in the resolution of such cases. On the basis of analysis of legislation and judicial practice, ways are proposed to improve the mechanism for the participation of trusteeship and guardianship authorities in these disputes. In order to improve the protection of the interests of children, it is proposed that the guardianship authorities should take responsibility for the conduct of parent education and the possibility of clarifying the requirements in the course of the proceedings parents of other parental rights. Despite the problems identified, the very concept of the participation of guardianship and guardianship authorities in the performance of their duties and compliance with the requirements of the law has been found to be a necessary tool for the State to prevent possible violations of the rights of the child.

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