Current Issues of Application of Hague Child Protection Convention of 1996 on National Level

Abstract

In 2013 the Russian Federation has become a State party to Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children's Rights of October 19, 1996 (Hague Child Protection Convention of 1996). At this moment given the social importance of the Convention there is a pressing need for its effective application in the territory of the Russian Federation. For this purpose it is necessary to develop comprehensive guidelines on the procedures for applying the provisions of the Convention by the Russian authorities at all levels. Due to the fact that the experience of implementing the 1996 Hague Convention in the Russian Federation is not so extensive, it is especially important to study the practice of application of the Convention in another Member States, particularly Germany, Great Britain and Finland, in order to reveal the most effective ways of its implementation. The authors of the article analyse substantial provisions of the Convention, examine the existing procedures for the practical operation of the Convention in the Russian Federation and difficulties in this relation, give an overview of the first case of its application in the Russian legal proceedings, provide analysis of the realisation of Convention in the indicated States and determines the areas where this experience may be valuable for the Russian Federation.

DOI: 10.5901/mjss.2015.v6n4s4p289