Herald of Civil Procedure

We in a citing index:

Features of Initiation of Production on to Cases of Adoption Cancellation

E.A. Semenova , 
Manager of Sector on Educational and Methodical Work 
of Legal Institute of Legal Administration, 
Saratov State Law Academy 

In article the analysis of a stage of initiation of production on cases of adoption cancellation is carried out. Features of realization of problems of a stage of initiation of production of the considered category of affairs are unveiled. Among persons who can address with the claim for adoption cancellation the special legal status is held by the adopted child that is caused by specific features of the child as participant of process. Lack of the real mechanism of realization of the rights of minors for an independent appeal to the court (though this right is provided by the Art. 142 of the Family code of the Russian Federation) therefore the only way of judicial protection of the rights and interests of the adopted children from abuse of adoptive parents is the appeal to agencies of guardianship and guardianship or prosecutor’s office is noted. It is stated that the implementation of the rights of parents of adopted to appeal to court with the claim about cancellation of adoption is very difficult, in connection with the secret of adoption protected by the law and lack of reliable information about the adopted child. Specifics of the procedural status of agencies of guardianship and guardianship and bodies of prosecutor’s office reveal by hearing of cases about adoption cancellation. The controversial issue of territorial jurisdiction of cases of adoption cancellation is brought up because interests of the adopted child have crucial importance, it is supposed to add civil procedure code of Russian Federation with norms on special jurisdiction. The article discusses collisions in legal regulation of an order of an appeal to the court with the claim for cancellation of the international adoption, and also versions of the solution of these problems are considered. In general there is a need of more accurate settlement of an order of an appeal to the court on cases of cancellation of adoption and introduction of the corresponding additions and changes in civil procedure code of Russian Federation. 

Keywords: claim for adoption cancellation; stage of initiation of production; protection of the rights and legitimate interests of the child; procedural claimant; international adoption. 


Batova O.S. Puti ustraneniia protivorechii grazhdanskogo protsessual’nogo i semeinogo zakonodatel’stva pri rassmotrenii sporov, sviazannykh s vospitaniem detei [Ways of elimination of contradictions of the civil procedural and family legislation by consideration of the disputes connected with education of children]. Zhurnal rossiiskogo prava=Journal of Russian law. 2006. No. 6. P. 141. (in Russian). 
Buianova E.V. Nekotorye problemy regulirovaniia protsessual’nogo poriadka otmeny usynovleniia (udochereniia) detei [Some problems of regulation of a procedural order of cancellation of adoption (adoption) of children]. Aktual’nye problemy rossiiskogo prava=Actual problems of Russian law. 2009. N 2. P. 273, 274. (in Russian). 
Egorova O.A., Bespalov Iu.F. Vozbuzhdenie, podgotovka, razbiratel’stvo grazhdanskikh del: uchebno-prakticheskoe posobie dlia sudei [Excitement, preparation, trial of civil cases: an educational and practical grant for judges]. M.: Prospect. 2012. (in Russian). 
Isaenkova O.V. Grazhdanskoe protsessual’noe pravo Rossii [Civil procedural law of Russia]. M.: Norma, 2009. P. 215. (in Russian). 
Ivanov N. Kak v khoroshei sem’e. [As in a good family]. Sem’ia i shkola=Family and school. 1995. N 1. P. 9. (in Russian). 
Kravchuk N.V. Zashchita prav rebenka v sem’e [Protection of the rights of the child in a family]. Zashchiti menia=Protect me. 2004. No. 3. P. 40. (in Russian).
Laskina N.V. Sudebnye predstaviteli – litsa, uchastvuiushchie v dele, ili litsa, sodeistvuiushchie pravosudiiu? [Judicial representatives – the persons participating in business or the persons promoting justice?]. Sovremennoe pravo= Modern right. 2010. No. 3. P. 96. (in Russian). 
Makarov V.S. K voprosu ob usynovlenii. [To a question of adoption]. Voprosy teorii sovetskogo prava=Questions of the theory of the Soviet right. M. 1966. P. 66. (in Russian). 
Rot L.G. Priroda otvetstvennosti lits, zameniaiushchikh roditelei, v sluchae neispolneniia imi obiazatel’stv [The nature of responsibility of the persons replacing parents in case of non-execution of obligations by them]. Rossiiskii iuridicheskii zhurnal=Russian legal journal. 2010. No. 5. P. 169. (in Russian). 
Tarusina N.N. Rebenok kak “ob’ekt” semeino-pravovoi okhrany [Child as an “object” of family legal protection]. Vestnik IarGU. Seriia Gumanitarnye nauki=YarGU bulletin. Series Humanities. 2012. No. 4/1 (22/1). (in Russian). 

Information about the author: 

Semenova E.A. (Saratov) – Manager of Sector on Educational and Methodical Work of Legal Institute of Legal Administration, Saratov State Law Academy (410010, Saratov city, Osipov st., 1; e-mail: [email protected]).

 el_.png   it_.png   book.png

E.A. Semenova