QUESTIONS OF THE REFLECTION OF THE CHILD WHILE DIRECTLY DAMAGE ITS THE LIFE OR HEALTH
This article is devoted to an independent legal institution of taking a child from parents in an administrative order. The basis for such selection may be both unlawful and lawful behavior that creates a threat to the life or health of the child. Immediate removal of the child is carried out by the guardianship and trusteeship body on the basis of a relevant act of the executive authority of the subject of the Russian Federation or an act of the head of the municipal formation in the event that the law of the subject of the Russian Federation gives local authorities the powers of guardianship and trusteeship in accordance with federal laws. The problematic issues of the removal of the child from the family or from the parent by the employee of the guardianship and trusteeship body under the circumstances specified in Article 77 of the Family Code of the Russian Federation are considered. When taking a child to the executive body, it is the duty to ensure the temporary arrangement of such a child. In addition, when the child is taken away, the guardianship and trusteeship authority must immediately notify the prosecutor. It is noted that in order to protect and protect the rights of the selected child, the duty of the guardianship and trusteeship bodies to apply to the court is provided. In the process of writing the article, the authors came to the conclusion that it was necessary to introduce such an institution as a «temporary removal» of the child. In the work presented, the necessity of adjusting art. 77 of the Family Code of the Russian Federation.