TOPICAL ISSUES OF IMPROVING THE EFFECTIVENESS OF LEGAL REGULATION OF GUARDIANSHIP AND CUSTODY OF MINORS

Abstract

Purpose: The purpose of this study is to consider one aspect of the reform of family legislation - to increase the effectiveness of legal regulation of family placement of orphans and children without parental care. Procedure and Research Methods: The authors analyzed some forms of state statistical observation and guardianship legislation, socio-demographic features and methods of upbringing in crisis-stricken families of guardians (trustees) and foster parents of the city of Moscow. The methodological base of the study comprises such general and special research methods as observation, description, systemic and structural, sociological, logical, comparative legal, formal legal, and comparative legal techniques. Results: The study of substitute families in Moscow, experiencing a crisis, empirically confirmed that child abandonment was caused by shortcomings in the selection, training of guardians and trustees, and the lack of support for substitute families. Theoretical and Practical Value: The study argues that it is impossible to develop guardianship legislation solely on traditional family values, since they are typical of a patriarchal multi-generation family and do not meet the socio-demographic situation in modern Russia. The authors made a number of proposals for the development of guardianship legislation.