The problems of defending the interests of juveniles in legal cases of domestic disputes during the divorce

Abstract

In our article we analyze the problems connected to the judicial scenario of settling domestic disputes over children during the divorce and located at the interfaces between law and psychology. We examine the issues of defending rights and interests of juveniles during civil proceedings in the context of regulations of National strategy of actions in the interests of children 2012-2017. We indicate modern civil legal procedure's main peculiarities which prevent the principle of prioritizing maintenance of "the best interests of a child" from practical realization during settlements of domestic disputes. We cover the issues connected to different forms of using special knowledge in psychology during civil legal procedure in settling domestic disputes. We list difficulties which arise during practical realization of children's rights to participate in the process of making decisions which affect their interests during the divorce. We outlined steps to improve the organization of civil proceedings in the direction of creating justice which would be friendly towards children.

Analysis of legislative consolidation and political practice of applying social (juvenile) technologies concerning minors in the Russian federation

“…[3] Important sociological, pedagogical and psychological problems of cognition of the legal mechanism for protecting the rights and legitimate interests of minors are represented by the research of Terekhina S.V., Pimonov V.A. [4] Budykina S.V., Dvorianchikova N.V., Bovina I.B. [5], Joyko Nikula, N. Ivashnichenko.…”

“…Within the existing legal frameworks, the development of forms of interagency cooperation between state and municipal authorities, subordinate institutions, and public organizations for the implementation of juvenile technologies concerning minors in conflict with the law, in difficult life situations, as well as for the purpose of preventing offenses, neglect, family conflicts, etc. Their purpose should be both the selection of optimal technologies for solving urgent problems in this field and consolidation of the program, where concrete actions of each participant for the implementation of this technology concerning the selected target audience, as well as the efficiency criteria of the program implementation would have been reflected [12]…”