On urgency of creation of the Childrens Code in Russia

Objective laws of life of all humankind define formation of the personality of the child; and the state always acts as the guarantorof the rights of the child. At present, in Russia the legal status of the personality of the child needs an interstate legal mechanism ofmaintenance and protection. To achieve it, it is necessary to develop a system of norms of the internal right, which would have real possibilityof providing a complex of legal, social and economic guarantees for minors. The historical aspect of studying of the specifiedproblem in the complex consideration of the problems of the family law deserves steadfast attention. Studying legal problems in thefamily and childhood sphere will allow offering constructive decisions. It is necessary to use the potential of the Russian and internationallaw. And it is necessary to consider the category of the legal status of the child in the Russian Federation from positions of thetheoretical approach, marking the priority of the international law at formation of a legal policy in the field of protection of motherhood,paternity and the childhood by the state. The analysis and use of scientific knowledge of the previous generations is a starting point formovement further. Carrying out reforms is urgent in the field of law when the state and the society have a severe need in the newknowledge allowing more precisely to regulate the relations in the sphere of protection of rights and interests of the child. Certainly,creation and formation of The Childrens Code should start from the operating Russian legislation and realities of our society, whichwill undoubtedly demand certain time. But before discussion on the variety of questions, it is necessary to state the place of the futureChildrens code in the system of the Russian legislation, and also in the system of the family legislation, in particular its parity with theFamily Code; the structure and content of this document. It is possible to assume that it will be a complex statutory act containing generaland special parts. It should not duplicate the known norms of the aforementioned codes and other regulatory legal acts. It shouldfocus on the minor citizen as a bearer of a special legal status. For this purpose the following should be done: 1. Study and generalizationof the legislation and legal literature, which is available on the problem of the legal status of the minor during the various periods ofthe Russian history; 2. Study of history of development of protection of the rights and legitimate interests of children in Russia; 3. Definitionof the place and degree of use of international experience in sphere of the protection of the rights of the child in the Russian legislation.Thus, it is necessary to pay special attention to the conventional principles and norms of international law, as a basis of developmentof the domestic legislation on children. It is very important to specify and, probably, enrich the conceptual devices of the branch ofthe family law.

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