THE CONCEPTS OF REMOVAL AND WITHDRAWAL OF A CHILD FROM THE FAMILY
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Author(s): | Bolurova Z. L., |
| Number of journal: | 1(74) | Date: | March 2026 |
| Annotation: | One of the negative and significant consequences of improper performance by parents of their responsibilities for the upbringing of their children is the procedure for removal or withdrawal of a child. Children, being a vulnerable social group, require state protection. Historically, parental authority was unlimited, but with the development of law, ensuring the interests of the child has become a priority. This article discusses the legal aspects of the concepts of removal and withdrawal of a child from the family in the Russian Federation. By conducting a retrospective analysis, the evolution of the legal regulation of the child removal (withdrawal) institution is tracked, and the positions of legal scholars regarding its historically significant aspects are evaluated. The article analyzes the grounds, conditions and procedure for the application of these measures aimed at protecting the rights and legitimate interests of minors in accordance with the current legal regulation. The author distinguishes between the notions “removal” and “withdrawal”, identifies their distinctive features and generic consequences. The conclusion is made about the undesirability of terminological confusion of these concepts, about the legislative approach of their correlation as a part and a whole. Special attention is paid to the analysis of judicial practice illustrating the application of these measures in various situations, including cases of abuse, threats to the life and health of the child, as well as improper performance of parental duties. As a result of the study, it is concluded that the fate of a child depends on the assessment of the danger created by the parents. It is important to determine the child’s place of residence correctly, respecting his interests and preventing abuse. It is stated that there is a need to develop a regulatory legal act for the procedure of removal of children, the composition of participants in this procedure and control procedures. | ||
| Keywords: | family law, minors, parental rights, abuse, protection of the rights of a child, rights of a child, removal of a child, withdrawal of a child, judicial practice, Family Code of the Russian Federation, non-fulfillment of duties |
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| For citation: | Bolurova Z. L. The concepts of removal and withdrawal of a child from the family. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;1(74):241—245. DOI: 10.25683/VOLBI.2026.74.1519. |
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