Russian Federation
The imperfection of the legal regulation of relations in the field of protecting the rights and interests of children left without parental care, the inconsistency with international standards in the field of the rights of the child, determines the need to solve the problem of determining the constitutional and legal status of this category of children. The aim of the study is to evaluate the principle of the best interests of the child in the concept of constitutional and legal status and its implementation in the norms of domestic legislation. Using the comparative legal method, the article analyzes international conventions, national legislative acts, in which the operation of the principle of the best interests of children is manifested. The application of the analysis made it possible to come to the conclusion that in the Constitution of the Russian Federation the foundations of the legal status of children left without parental care are determined through the operation of the constitutional and legal principle of equality. With the help of a systematic approach, it is substantiated that the concept of the constitutional and legal status of children left without parental care should be formed in terms of guaranteeing their rights on the basis of “the best interests”. As a result, of the study, the author comes to the conclusion that the concept of the best interests of children left without parental care determines the need to consolidate this principle, as well as determine the scope of its application.
principle of law, best interests, constitutional status, orphans, children left without parental care
1. The Convention on the Rights of the Child: approved by the UN General Assembly 44/25 of November 20, 1989: ratified by the decree of the USSR Supreme Court no. 1559-I of June 13, 1990. Collection of international treaties of the USSR, Moscow, 1993. Issue XLVI. (In Russ.)
2. Lobanova T. V. The legal status of the child in Russia and Great Britain (England): theoretical and legal analysis. Author’s abstract... candidate of legal sciences. Volgograd, 2006. (In Russ.)
3. Sadina O. V. The legal status of a minor in Russian legislation: theoretical and legal analysis. Author’s abstract... candidate of legal sciences. Mytishchi, 2009. (In Russ.)
4. Kabanov V. L. Implementation of the principle of the best interests of the child under international and national law: monograph. Moscow, 2018. (In Russ.)
5. Karpeeva E. V. On the implementation of the principle of “the best interests of minors” in civil proceedings. Issues of Russian and international law, 2021, vol. 11, no. 9A. (In Russ.)
6. Bondarenko O. A. Constitutional rights of the child in the Russian Federation: scientific and practical guide. Volgograd, 2011. (In Russ.)
7. Biksitova Zh. A. The constitutional status of orphans and children left without parental care in the Russian Federation. Author’s abstract... candidate of legal sciences. Volgograd, 2006. (In Russ.)
8. Collection of judicial practice in the field of protecting the rights and interests of orphans and children left without parental care. Moscow, 2016. (In Russ.)
