PROBLEMS OF ENSURING THE RIGHTS OF MINORS WHEN SEPARATED FROM PARENTS IN DETENTION
The article is devoted to the study of the problems of the rights of minor children in the event of separation from their detained parents. Based on the analysis of the provisions of the Convention on the Rights of the Child of 1989, as well as the norms of domestic family legislation adopted on their basis, it is concluded that the separation of children and their parents in itself is an extraordinary measure, the application of which, even in conditions of necessity, should be accompanied by the formation legislative mechanisms to ensure the right of the child to live with the parent and communicate with him. At present, such mechanisms have been formed by criminal procedure legislation, which, taking into account international and national narratives, allows, firstly, the possibility of cohabitation in places of detention of mothers suspected or accused of committing crimes, and their children under three years, and secondly, establishes rules on the possibility of visiting relatives when the child reaches the age of three. At the same time, the analysis of Art. Art. 18 and 30 of the Federal Law of July 15, 1995 № 103-FZ «On the detention of suspects and accused of committing crimes», which form guarantees of the rights of minor children when separated from their parents, showed that the existing level of ensuring the rights of children in this sphere is extremely low, which predetermines the need for legislative changes in this area.