FAMILY AND LEGAL STATUS OF CHILDREN LEFT WITHOUT PARENTAL CARE, SERVING A SENTENCE OF IMPRISONMENT
Ivanova A.N.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), chief of the department of execution of punishments not connected with deprivation of liberty and legal support of activity of criminally-executive system, candidate of law.
Annotation:
The article is devoted to the family and legal status of children left without parental care, whose parents are serving a sentence of imprisonment. In accordance with the current legislation of the Russian Federation, such children are subject to placement in families of citizens who have expressed a desire to take a child to be raised in a family, but with certain features due to their family legal status.
The fact of conviction for a crime with a sentence of imprisonment is not a reason for restriction of parental rights, deprivation of parental rights, so such children can be placed in substitute families only under the conditions of guardianship (guardianship).
The instability of the family legal status of children left without care, as a result of the conviction of their parents (one of them) for committing a crime and the imposition of a sentence of imprisonment, entails negative consequences for such children in the form of unjustified hopes, and for candidates for foster parents – refusal to take the child to be raised in a family.
Observing the balance of public and private interests, it should be understood that when deciding on the return of a child to parents, if during their sentence the child became attached to foster parents and considers them their parents, release from prison is not an absolute basis for termination of guardianship (guardianship).
Keywords:
orphans; convicted parents; imprisonment; punishment; children; parents; family
