Search for a child illegally detained by one of the parents: family and legal aspects

[Демитрий]

Search for a child illegally held by one
FROM PARENTS: FAMILY LEGAL ASPECTS

L.V. SAENKO

Saenko L.V., PhD in Law, Associate Professor, Doctoral candidate at the Russian Law Academy of the Ministry of Justice of Russia.

The data of statistical studies inexorably indicate that there are a great many problems in the modern family. Of particular concern are those of them who, arising and developing as a conflict, affect the interests of the most vulnerable category of citizens, underage children, due to their age characteristics. So, for the period from 2005 to 2011, the share of divorces of spouses with children in the total number of divorces increased by 10%; in 2011, for every 3 divorces, there were 2 divorces of spouses with minor children. The number of family legal disputes resolved in courts increased from 18 to 2011 by 18%, and 4 out of 5 family legal disputes examined by courts affected the interests of minor children <1>.

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<1> See: The concept of the state family policy of the Russian Federation for the period until 2025 (public project): Part 2. Book. 3. The Russian family in figures and facts. M., 2013.

Very often after the break-up, ex-spouses share not only jointly acquired property, but also minor children. The emergence of family and interpersonal conflicts on the basis of divorce and the inability to resolve them without taking dirty linen out of the hut, as well as the ambiguous attitude to the position of women in modern society lead to an increase in the number of cases of abduction of children, and often - despite the presence of a lawful court decision. As examples, we can cite a number of well-known family tragedies of the so-called star moms - Kristina Orbakaite, Anastasia Kalmanovich, Yana Rudkovskaya.

The court decision on the selection of the child is perhaps the most difficult category of cases for practical execution, especially if such execution requires first finding the minor. Starting January 1, 2012, in accordance with the provisions of the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=122566;fld=134"] Law [/ DLMURL] dated 03.12.2011 N 389-ФЗ "On Amending Certain Legislative Acts of the Russian Federation", the functions of organizing and conducting the search for a child under an executive document containing a request for the removal of a child were transferred to officials of the FSSP of Russia.

Not much time has passed since the day the corresponding amendments to the legislation on enforcement proceedings <1> were made, but some results of the implementation of these legislative short stories in practice can already be summed up. The transfer of functions to search for a child from the Ministry of Internal Affairs of Russia to the Federal Security Service of Russia was motivated, among other things, by the fact that for the bodies of the Ministry of Internal Affairs of Russia this area of activity is secondary, with almost no effect on assessing the effectiveness of their work. But here it is worth noting the fundamental differences in approaches to the search for a child by the bodies of the Ministry of Internal Affairs of Russia and the FSSP of Russia, as well as in the capabilities of these power structures. The bottom line is that the writ of execution containing the requirements for the selection of the child is the only reason for initiating enforcement proceedings; in addition, the search for a child is civil in nature, since it is carried out in the presence of a court decision on the selection of the child. The FSSP of Russia has nothing to do with the search for children who are missing or in circumstances that may indicate the criminal nature of their disappearance. This issue is still under the jurisdiction of the Russian Ministry of Internal Affairs. The search procedure in this case is regulated by the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156039;fld=134"] laws [/ DLMURL ] of 08/12/1995 N 144-ФЗ "On operational-search activity" (as amended and additional), the rules of which do not apply to the actions of state civil servants of the FSSP of Russia in connection with the lack of de jure law enforcement status.

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<1> See: [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=119796;fld=134"] Edict Of the President of the Russian Federation of September 23, 2011 N 1240 "On Amendments to the Regulation on the Federal Service of Bailiffs, approved by Decree of the President of the Russian Federation of October 13, 2004 N 1316"; [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156231;fld=134;dst=100017"] Regulation [/ DLMURL] on the Federal the bailiff service (approved. By the Decree of the President of the Russian Federation dated 13.10.2004 N 1316 "Questions of the Federal Bailiff Service") // SZ RF. 2004. N 42. Art. 4111; 2011. N 18. Art. 2597.


It should be noted in this regard, the fact of creating a center for the search for missing children. According to the Children's Rights Commissioner Pavel Astakhov, the experience of American colleagues <1> will be used to create the center. In the USA, such a center exists as a separate organization (National Center for Missing and Exploited Kids) and specializes in, among other things, searching for children abducted by one of the parents <2>.

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<1> In Russia, they will create a center for the search for missing children. URL: [DLMURL="https://www.gazeta.ru/news/lenta/2010/02/09/n_1455129.shtml"] A center for the search for missing children will be created in Russia [/ DLMURL] (date of treatment: 12.12.2013 ) Indeed, the President of the Russian Federation on June 1, 2012 approved the creation of the Russian National Monitoring Center for the search for missing and exploited children, but so far this project is only on paper. Only volunteer organizations are active (note. Ed.).

<2> How they look for children in different countries. URL: How to look for children in different countries (date of treatment: 12.12.2013).



Due to the lack of clearly defined actions in Russian legislation governing the search for a child under an executive document containing a requirement for the removal of a child, the Federal Service for Social Security of the Russian Federation for the Saratov Region, taking into account the experience in finding property of debtors and the search experience of bodies of the Ministry of Internal Affairs of Russia, developed and put into practice an algorithm for mandatory actions of bailiffs performing the state search function. This algorithm in the form of search and methodological recommendations was sent to the structural units of the Office.

According to this algorithm, the bailiff must, without fail, claim the following information about the person who allegedly illegally holds the child:

- at the Bureau of Accidents at the place of residence and registration of the wanted person (in this and subsequent cases, information is examined about the person with whom the child is supposedly located or against whom there is a court decision to take the child from him) - for information about the possible registration of his death ;

- in the central district hospital - about the possible hospitalization of the wanted person, the presence of his chronic diseases (alcoholism, drug addiction, tuberculosis), being on outpatient or inpatient treatment (while controlling to receive an answer);

- in the information center of the Central Internal Affairs Directorate of the Saratov Region - about the presence of a criminal record and administrative penalties for the wanted person, his being wanted;

- In the civil registry office (registry office) - in order to verify the fact of a change in the name of the wanted person;

- in the police department and at the district police officers - about the possible location of the wanted person and the materials characterizing him;

- in OJSC Federal Passenger Company and CJSC Sirena-Travel - on the movement of a wanted person by rail and air across Russia, on the tickets purchased by him in an interesting period of time;

- in the Federal Tax Service of Russia - regarding the establishment of the fact of registration of the wanted person as the founder / head of any legal entities, individual entrepreneur;

- in the military commissariat - on the possible passage by the wanted person of military training, contract service, on military duty;

- from the known previous place of work of the wanted person - about the possible place of his subsequent employment. According to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156601;fld=134;dst=1713"] Art. 64.1 [/ DLMURL] of the Labor Code of the Russian Federation, the employer, when concluding an employment contract with former state and municipal employees, is obliged to report the conclusion of such an agreement to the representative of the employer of the state or municipal employee within 10 days after they are dismissed from the state or municipal service at the last place of his service;

- at VimpelCom OJSC, MegaFon OJSC - about subscriber numbers registered for the wanted person. It is worth noting that information is exchanged with mobile operators through the department of organizing work to search for debtors and their property by means of using electronic communication channels on the basis of an interaction agreement. The maximum period for receiving information is 5 business days (with a significant amount of requested information - from 5 thousand). In urgent cases, this information can be obtained by a specialist of the search department within a few minutes;

- in the Federal Migration Service of Russia - on the provision of a certificate in the form No. 1 containing information about the close relatives of the wanted person.

In fact, the search work is based on the principle of establishing and studying in detail any "traces" left by the debtor.

So, when identifying persons who may have direct or indirect information about the possible location of the debtor, it is recommended that the bailiffs in search of an explanation in the form of a "Question - Answer" on the subject: the location of the wanted person; the circle of his (her) communication (close friends, cohabitation with a citizen (citizen)); possible place of employment, present and previous (including informal place of work, shift work); participation in hostilities, military service under contract, military duty, professional suitability; the presence of chronic diseases, accounting in a drug or mental hospital; contact information (phone, email, social network account, skype); hobbies (hunting, fishing, collecting); bad habits (alcoholism, drug addiction, asocial lifestyle, vagrancy); the presence of movable and immovable property, to which the wanted person has access (a dwelling, which the wanted person can visit or in which he can temporarily reside); the presence in use of a wanted person of a motor vehicle, self-propelled equipment that is not its property; the availability of information about the relatives of the wanted person within the Saratov region or other regions of Russia, the CIS, with which this person is in contact and who can visit.

Formal at first glance, the formulation of questions allows us to establish the information of interest for the search. So, by the e-mail address of the wanted person, you can set the social resources of the Internet that he uses, even if he appears in them under a pseudonym (these may be the resources of Agent Mail.Ru, My World, ICQ, Gmail, etc.).

It is noteworthy that with the spread of mass interest in smartphones, their owners not only have constant access to free instant messengers and instant messengers via the Internet, but, being registered on social networks, can leave the so-called static information about their location on Google Maps map services "," Maps@mail.ru ", etc. Moreover, when a smartphone user activates the GPS navigator function, information about its location can be displayed dynamically on the same map services, i.e. taking into account the movement.

Experience shows that photos posted by users on social networks can indicate not only the property status of the wanted person, but also their location (photographs of the house, the most frequently visited entertainment venues and other places that characterize interests, hobbies, social circle). Interactive photo galleries of autochmo.ru, migalki.net, avto-nomer.ru sites specializing in posting photographs of cars-violators on the network [DLMURL="https://login.consultant.ru/link/cgi/online .cgi? req = doc; base = ROS; n = 156134; fld = 134; dst = 100015 "] of the Rules [/ DLMURL] of traffic or vehicles with memorable license plates. The use of such resources is especially relevant when the bailiff has information from the State Traffic Safety Inspectorate about the presence of vehicles registered with a wanted person: they can be used to track its route.

As the director of the FSSP of Russia, the chief court bailiff of the Russian Federation A.O. Parfenchikov, at the present stage of development of the domestic legal system, when many branches of domestic legislation are undergoing serious changes, the efforts of the Russian legislator to develop various legal institutions may be futile without the adoption of appropriate decisions aimed at creating an effective system for protecting the law. In this regard, issues of improving legislation in the field of enforcement of judicial acts are becoming increasingly relevant <1>.

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<1> See: Parfenchikov A.O. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=CJI;n=70788;fld=134"] Actual issues of improving legislation [/ DLMURL] in the field of enforcement judicial and other jurisdictional acts: novels and development prospects // Practice of enforcement proceedings. 2013. N 2.P. 17.



I would like to give an example of successful practical implementation of the laws on enforcement proceedings related to the search for a child.

In 2012 - 2013 In the production of the bailiffs of the UFSSP of Russia in the Saratov region, an executive document containing requirements for the selection of the child was executed. The child was searched, and then, thanks to the principled position of the bailiff on the search, the connection was restored between the mother and the child, who had not seen each other for more than six months.

It should be noted that in cases of the search for persons of this category, the bailiff is not entitled to limit himself to the performance of mandatory search measures. In this regard, representatives of the prosecutor’s office, the Ministry of Internal Affairs of Russia, guardianship and trusteeship authorities and, without fail, a psychologist to work with the child joined the search for the child on the basis of interaction.

As part of the search, it was established that his step-grandfather is engaged in raising the wanted child: in particular, he attempted to enroll the child in the football section without fixing his name in the relevant documents. A study of the genealogical tree of debtors made it possible to establish the apartment of a deceased relative of the step-mother of the child, who is a debtor in enforcement proceedings and has inheritance rights to this property, but has not yet inherited. During the systematic observation of this apartment, the debtor's car was noticed.

There was no doubt that the child was in the indicated apartment. Information about the location of the child was immediately transmitted to the bailiff. This made it possible to successfully carry out executive actions to transfer the child to the mother and finish the executive proceedings on the basis provided by [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n= 156606; fld = 134; dst = 100357 "] hours 1 tbsp. 47 [/ DLMURL] of the Federal Law of 02.10.2007 N 229-ФЗ "On Enforcement Proceedings".

The successful search for children, carried out as part of the enforcement proceedings, certainly contributes to the involvement of private investigations. As you know, according to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=148841;fld=134;dst=208"] p. 8 h. 2 tbsp. 3 [/ DLMURL] of the Law of the Russian Federation dated 11.03.1992 N 2487-1 "On private detective and security activities" (as amended on 02.07.2013), a child can be searched for in an executive document containing a request for the removal of a child on a contractual basis with recoverer. Now, for conducting a search, the bailiff performing the search, at the request of the collector, has the right to use the information obtained as a result of private detective (detective) activity.

In order to implement these legislative provisions, the Federal Service for Social Security of the Russian Federation for the Saratov Region held a working meeting with persons licensed to conduct private detective activities. As a result of the meeting, an agreement was concluded "On some issues of interaction between the UFSSP of Russia in the Saratov region with private detectives." Pursuant to the provisions of this agreement, the department for organizing work on the search for debtors and their property informs the initiators of the search about their right to access private detective services on a reimbursable basis and monitors the operational inclusion of the results of private detective activities in the materials of the search and their quality application in the search activities of the Office. Within the framework of this agreement, a procedure has been developed for conducting joint activities, including particularly complex activities related to the search for a child.

[DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=130516;fld=134"] Decree [/ DLMURL] of the President of the Russian Federation of 01.06.2012 N 761 "On the National Strategy of Action for Children for 2012 - 2017" provides for the creation of an effective multi-level system of child protection based on international standards. But are the bailiffs, on whose shoulders the responsibility of solving such complex problems entrusted, familiar with the legal status of the child in an international context?

International legislation on the rights of the child is constantly evolving and improving. As you know, legal activity in the field of protection of the rights of minors began from the moment of creation in 1923 of the International Union for the Protection of Children. The first international act to protect childhood - the Declaration of the Rights of the Child - was adopted on November 26, 1924 at the Fifth Assembly of the League of Nations in Geneva. After the Second World War, the Resolution of the UN General Assembly of November 20, 1959 N 1386 (XIV) adopted a new [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base= INT; n = 15160; fld = 134 "] Declaration [/ DLMURL] of the rights of the child. But the main document in the field of protecting the rights of the child has become the [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=9959;fld=134"] Convention [ / DLMURL] on the rights of the child, adopted by Resolution of the UN General Assembly of November 20, 1989 N 44/25. Subsequently, in the development of its provisions, a number of resolutions and recommendations were adopted at working meetings of representatives of different countries - members of the UN.

In 1991, in accordance with the [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=9959;fld=134"] Convention [/ DLMURL] on the rights of the child in 1989, a monitoring body was established - the UN Committee on the Rights of the Child (CRC). The World Summit for Children (New York, September 30, 1990) adopted the World [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base = INT; n = 15898; fld = 134 "] declaration [/ DLMURL] on ensuring the survival, protection and development of children. Other international meetings on the protection of the rights of the child deserve mention: the World Congress against the Sexual Exploitation of Children (Stockholm, 1996); Berlin Conference "Children in Europe and Central Asia" (Berlin, May 16-17, 2001); UN General Assembly Special Session on Children (New York, May 8–10, 2002), etc.

In accordance with the [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=9959;fld=134;dst=100021"] Convention [/ DLMURL ] on the rights of the child of 1989, States parties must respect and ensure all the rights provided for in the Convention with respect to each child who is within their jurisdiction. Russia is a party to the [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=9959;fld=134"] UN Convention [/ DLMURL] on Rights child since 1990, and the norms enshrined in this Convention are included in the legal system of Russia. The legal status and protection of the legitimate interests of the child are regulated by various documents, which are based on the general provisions of the Convention.

The legislation of the CIS countries, which contains norms on the protection of the rights of the child, deserves special attention.

Model Executive [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=INT;n=42347;fld=134"] code [/ DLMURL] for member states The CIS <1> was adopted by Resolution of the Interparliamentary Assembly of the CIS Member States of October 31, 2007 N 29-6 (hereinafter - the Model Code). The Model Code and other acts of enforcement proceedings adopted in accordance with it regulate activities that ensure the enforcement of jurisdictional requirements, including: control over the voluntary execution of the requirements of the enforcement document by the debtor; application of interim and other coercive measures; fulfillment of jurisdictional requirements instead of a defective debtor; the implementation of other enforcement proceedings.

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<1> Information-legal system "SoyuzPravoInform". Database. Legislation of the CIS countries. URL: CIS Legislation - Home Page (date of treatment: 12/14/2013).



We give examples of legislative regulation in the CIS countries of relations arising in connection with the search for a child. So, the legislation of the Republic of Azerbaijan on enforcement consists of the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan dated 28.12.1999 N 782-IG "On Executive Officers", the Civil Procedure Code of the Republic of Azerbaijan dated 12.28.1999 and the Law of the Republic of Azerbaijan dated 27.12.2001 N 243- IIG "On execution" <1>. The provisions on the search for the debtor are contained in sections III "Measures of enforcement and grounds for their application" (Articles 43 - 44) and VII "Execution of executive documents on other disputes" (Articles 70 - 73) of the Law of the Republic of Azerbaijan "On Enforcement".

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<1> URL: CIS Legislation - Home Page (date of treatment: 12/14/2013).



In the Republic of Belarus, enforcement actions are carried out by bailiffs who are in court. Enforcement proceedings are carried out on the basis of the Instruction on Enforcement Proceedings (approved by Decree of the Ministry of Justice of the Republic of Belarus of December 20, 2004 N 40) and the Instructions on the Enforcement of Enforcement Proceedings on Economic (Economic) Disputes (approved by the Resolution of the Plenum of the Supreme Economic Court of the Republic of Belarus of 26.11.2009 N 21) <1>.

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<1> Reference data bank of legal information of the Republic of Belarus. URL: STANDARD-ONLINE (date of treatment: 12/11/2013).



In the Republic of Kazakhstan, along with state bailiffs, there are private bailiffs who perform the functions assigned to them by the Law of the Republic of Kazakhstan dated 02.04.2010 N 261-IV "On Enforcement Proceedings and the Status of Bailiffs" <1> (hereinafter - the Law of the Republic of Kazakhstan). According to the Law of the Republic of Kazakhstan, the search for a debtor is carried out by court ruling by the internal affairs bodies and the financial police (Article 45). In accordance with sub. 5 p. 1 art. 126 of the Law of the Republic of Kazakhstan, the bailiff has the right to make submissions to the court on issues that arose during the execution of executive actions, including with a view to changing the method and order of execution, as well as the search for the debtor according to executive documents.

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<1> Information system "PARAGRAPH". URL: The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV “On Enforcement Proceedings and the Status of Bailiffs” (as amended on 01.01.2018) (date of treatment: 12/11/2013).



In the Kyrgyz Republic, enforcement proceedings are carried out in accordance with the Law of the Kyrgyz Republic dated March 18, 2002 N 39 "On Enforcement Proceedings and on the Status of Bailiffs in the Kyrgyz Republic" <1>. Bailiffs are civil servants and are members of the Judicial Department under the Ministry of Justice of the Kyrgyz Republic. Features of certain types of enforcement proceedings are governed by the provisions of Chapter 6 (Articles 71 - 84) of the said Law. The bailiff, on his own initiative or at the request of the collector, submits to the court at the location of the bailiff service unit a statement on the search for the debtor, his property or child through the internal affairs bodies and the tax police.

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<1> URL: Law of the Kyrgyz Republic "On Enforcement Proceedings and on the Status of Bailiffs in the Kyrgyz Republic" (date of treatment: 12/14/2013).



The Republic of Moldova has the Executive Code of the Republic of Moldova dated 24.12.2004 N 443-XV РМ <1>. According to Art. 72 of the Code, the decision on the search for the debtor is made by the court on the proposal of the bailiff or on the request of the recoverer, and the search for the debtor - individual is carried out by the internal affairs body at the debtor's last place of residence. According to Art. 154 of the Code, the execution of decisions on determining the place of residence of a child is carried out by a bailiff with the participation of a person whose place of residence has established the place of residence of the child transferred to foster care, and in the presence of representatives of the guardianship authority. In necessary cases, the bailiff may send a submission to the court about the temporary placement of the child in a state children's institution.

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<1> URL: Executive Code of the Republic of Moldova (date of treatment: 12/14/2013).



In the Republic of Tajikistan in accordance with Art. 28 "Search of the debtor and its property" of the Law of the Republic of Tajikistan dated March 20, 2008 No. 373 "On Enforcement Proceedings" <1> the court at the place of execution of the writ of execution on the basis of the application of the bailiff or recoverer may declare the debtor wanted through the internal affairs bodies.

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<1> URL: The Law of the Republic of Tajikistan dated March 20, 2008 No. 373 “On Enforcement Proceedings” (as amended on 3 July 2012) (date of treatment: 12/14/2013).



In Turkmenistan, the issues under investigation are regulated by the Law of Turkmenistan dated 15.08.2009 No. 49-IV "On the Court" <1>, the civil procedure law and the Family Code of Turkmenistan (Article 102). In particular, sections IV “Judges on administrative and enforcement proceedings” (Articles 79–87) and V “Ensuring the operation of courts and enforcement of court decisions” (Articles 88–92) of the Law on the Court contain rules on the enforcement of judicial and other decisions. According to Art. 83 of the Law "On the Court" "judges on administrative and enforcement proceedings hear cases of administrative offenses, exercise control over the work of bailiffs, consider issues related to the enforcement of court decisions and other bodies." In accordance with paragraph 2 of Art. 88 of the same Law, "the organizational support of the activity and the execution of judicial decisions of courts of general jurisdiction is carried out by the Office for the Organization of the Activities of the Courts of the Supreme Court of Turkmenistan, which includes departments". The Law on the search for the debtor, its property and child is not contained in the Law.

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<1> URL: CIS Legislation - Home Page (date of treatment: 12/14/2013).



The Law of the Republic of Uzbekistan dated August 29, 2001 N 258-II "On the Execution of Judicial Acts and Acts of Other Bodies" <1> in Chapter 8 regulates the execution of executive documents on disputes of a non-property nature (Articles 71 - 74).

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<1> URL: CIS Legislation - Home Page (date of treatment: 12/14/2013).



In Ukraine, the Law of Ukraine of 04.21.1999 N 606-XIV "On Enforcement Proceedings" <1> is in force. Ukrainian colleagues (state executors) in the absence of information about the place of residence, stay or whereabouts of the child on the executive documents on the selection of the child should apply to the court with a submission on the issuance of a decision on the search for the child. The search for the child is carried out by the internal affairs bodies.

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<1> URL: About enforcement proceedings (date of treatment: December 16, 2013).



The few examples of official appeals by judicial enforcement bodies of the CIS countries for help finding a child indicate that such appeals are received mainly by the Russian Ministry of Internal Affairs. This means that the bailiffs of the CIS countries do not yet know about changes in Russian legislation in regulating the function of finding a child in the framework of enforcement proceedings.

When implementing the functions assigned to the FSSP of Russia to search for a child illegally detained by one of the parents, the question often arises: how to observe the interests of the child in the execution of the relevant court decision? A.M. Nechaeva notes that the concept of "interests of the child", like any legal category, should have at least a general definition, which is extremely necessary for law enforcement <1>.

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<1> See: A. Nechaeva Family legal protection of the interests of the child in Russia: Monograph. Germany, Saarbrucken: LAP Lambert Academic Publishing, 2013.S. 3.



It is noteworthy that if the rights of children in the family are clearly indicated [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst= 100,245 "] p. 2 tbsp. 54 [/ DLMURL] of the Family Code of the Russian Federation, their interests, which are mentioned as often as rights, in the same context, do not even have a common designation, which is due to a number of features inherent in the concept of "interests". The concept of “interests”, on the one hand, is characterized by a variety of meanings, which is associated with a combination of the interests of the child with the interests of his parents, the state, and is reflected in various legal requirements, both direct and indirect. On the other hand, the rights of the child and his interests coincide in essence, interact, pursue the same goals. It is equally important that in each family-legal situation they have “their own face”. Therefore, the most acute situations requiring the application of family law should be considered through the prism of respect for the interests of the child. This primarily includes issues related to the selection of children from their parents.

Understanding the term "interests" has attracted the attention of family law specialists <1>. Nevertheless, this concept is among the most common when it comes to the child, his protection. The concept of "minor interests" appears in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134"] SK [/ DLMURL ] Of the Russian Federation more than forty times in relation to various situations involving children under the age of majority. The concept of "interests of the child" literally permeates all the rules governing the sphere of family legal relations related to the legal status of the child in the family, and changes in his life. So, it is mentioned when enumerating the rights of the child ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100245 "] clause 2 of article 54 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134 ; dst = 100253 "] clause 1 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134 ; dst = 100256 "] 2 Article 56 [/ DLMURL] SK of the Russian Federation); when the court resolves disputes on education ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100304"] Section 3, Article 65 [/ DLMURL], [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst = 100316 "] clause 3 of article 67 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld = 134; dst = 100319 "] clause 1 of article 68 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n = 154792; fld = 134; dst = 100348 "] p. 4, article 72 [/ DLMURL] SK of the RF); when deciding on the advisability of placing a child in a family that replaces the parent (under guardianship, trusteeship, with adoption in a foster family ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc; base = ROS; n = 154792; fld = 134; dst = 100673 "] clause 1 of article 145 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi? req = doc; base = ROS; n = 154792; fld = 134; dst = 100565 "] clauses 2 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi? req = doc; base = ROS; n = 154792; fld = 134; dst = 100566 "] 3 Article 124 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online. cgi? req = doc; base = ROS; n = 154792; fld = 134; dst = 100619 "] p. 2 of article 131 [/ DLMURL] of the RF CC)); if necessary, hear the opinion of the minor on a matter affecting his interests ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134; dst = 100259 "] Article 57 [/ DLMURL] SK of the Russian Federation); in the rules relating to the divorce lawsuit ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst = 100095 "] clause 1 of article 23 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld = 134; dst = 100099 "] p. 2, article 24 [/ DLMURL] of the RF CC); when considering the invalidation of a minor’s marriage ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100129 "] clause 2 of article 29 [/ DLMURL] of the IC of the Russian Federation); when changing the name, surname of the minor ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100268"] Clause 1, Article 59 [/ DLMURL] of the IC of the Russian Federation); when restoring parental rights ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100348"] p. 4 Article 72 [/ DLMURL] SK of the Russian Federation); during the determination of shares in the division of the common property of the spouses ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst= 100182 "], clause 2 of article 39 [/ DLMURL] of the RF IC). And this is not a complete list of only direct references to the interests of a minor in the text of the RF IC. In addition to direct references, there are indirect ones, for example, when it comes to choosing a person who is ready to replace a blood parent, or when exercising the right to know your parents ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi ? req = doc; base = ROS; n = 9959; fld = 134; dst = 100035 "] part 1 of article 7 of the [/ DLMURL] Convention on the Rights of the Child, [DLMURL =" https://login.consultant.ru /link/cgi/online.cgi?req=doc;base=ROS;n=154792;fld=134;dst=100245"ogle p. 2 Art. 54 [/ DLMURL] of the RF IC) <2>.

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<1> See: Bulaevsky B.A. About the nature of interests and some legal studies in its understanding // Uchen. app. RSSU. 2010. N 4. S. 76; Kuzmina A.V. To the question of legal institutionalization of the interests of minor children // Tomsk State University Journal. Tver. state un-that. 2010. N 3. S. 221.

<2> See: Romanovsky G.B. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=CJI;n=50198;fld=134"] Anonymity of germ cells [/ DLMURL] and modern family Law // Family and Housing Law. 2010. N 5. S. 3; Tatarintseva E.A. The right of children to know their parents and the mechanism for its implementation under the laws of the Russian Federation and European countries // Civil Legislation. Vol. 36 (articles, comments, practice). Almaty, 2010.S. 220.



Practicing lawyers, in particular bailiffs who carry out this type of production, will not be amiss to get acquainted with the issues of ensuring the rights and interests of children, set forth in the specialized literature <1>.

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<1> See: Ilyina O.Yu. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=CMB;n=10650;fld=134"] The interests of the child in family law [/ DLMURL] of the Russian Federation . M., 2006.S. 192.



Issues of legislative terminology have always aroused genuine interest of the scientific community, including in the area <1> that we are studying. In connection with the importance of the problem under consideration, we believe that these issues are also interesting for practitioners of the FSSP of Russia. For example, the term “search for a child” is used in a legal context exclusively within the framework of operational-search activities (search measures, search for a person), i.e. in the forensic, criminal context. In turn, the term "interests of the child" is used only in the family legal aspect.

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<1> See: Afanasyev S.F., Filimonova M.V. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=CJI;n=69311;fld=134"] Uniform understanding of terminology as a condition [/ DLMURL] of the correct interpretation norms (for example, the Federal Law "On Enforcement Proceedings") // Arbitration and civil procedure. 2013. N 3.



Is it possible to combine these two categories? Is a special norm-definition necessary in the [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156606;fld=134"] Law [/ DLMURL ] about enforcement proceedings? Is there a need for theoretical development of the conceptual apparatus of these categories, or should this be considered the prerogative of purely practical activity? Is the child in this particular legal relationship an object or subject, its direct participant?

Recall in this regard that the procedural status of a minor who has reached the age of ten years allows him to be recognized as a third party who is interested in the outcome of the case. But this only applies to the court hearing. And if the child reaches this age already at the time of execution of the decision?

When searching for answers to the questions posed, we come to the conclusion that the legal status of the child is rather blurred, not specific in the legislation on enforcement proceedings, which causes difficulties in the first place for the bailiff.

In this regard, we believe that the norm [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156606;fld=134;dst=125"] Art. 65 [/ DLMURL] of the Law on Enforcement Proceedings is incorrectly stated in relation to a child who is placed on a par with the property of the debtor.

We offer in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=156606;fld=134;dst=126"] hours. 1 tbsp. 65 [/ DLMURL] of the Law on Enforcement Proceedings, regulate the search for a debtor citizen and search for a child, and devote another part of this article to the provisions on the search for debtor property, and so on throughout the article. Perhaps there are those who say: it is not necessary to produce unnecessary similar norms. But for the practical activities of the bailiff, the clarity of the Law is very important.

The search for a child undoubtedly requires specific professional knowledge, special training, including knowledge of not only the basics of the ARD, criminal law, criminology, criminology, but also family law, international family law, and psychology (especially children). In this regard, we consider it necessary to make appropriate adjustments to continuing education programs for those categories of civil servants who directly in practice are faced with the implementation of child search functions.

Based on the foregoing, we propose that the search for a child illegally held by one of the parents be understood as the professional activity of the bailiff, acting within the framework of the law exclusively for the benefit of the minor (child), using all available methods, including the number of operational-search measures.

It should be borne in mind that such activities may extend beyond the borders of the Russian Federation. Therefore, we should not lose sight of the interaction of bodies of different states, including private structures, detective agencies, volunteers, with the aim of speedy and high-quality enforcement of a court decision.