Child abduction: by father, one of the parents, article of the Criminal Code

Dozens of former spouses from all over Russia correspond on forums and complain about their difficult lot. Everyone has the same story: the former significant other does not allow you to see the child. The kids are secretly taken away and hidden. Sometimes parents do not see their offspring for years, they turn to the police and bailiffs, but in vain.

The “kidnappers” refuse to voluntarily give up the child, and do not forcibly take the children away, since no one is deprived of parental rights, and the children’s psyche cannot be traumatized. Finally, such parents were proposed to be tried under the article “Kidnapping”. We are looking into whether it is necessary to introduce a new type of criminal liability in Russia.

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Repeat offender parent

The author of the initiative was the chairman of the National Parents Committee Irina Volynets. According to her, after a divorce, the court determines who the children will stay with. But often the second parent, who disagrees with the verdict, keeps the child with him. And according to the current legislation in the Russian Federation, a mother or father cannot be the kidnapper of their own child.

“In the event of a primary violation, I propose to draw up a protocol on an administrative offense with a fine of 50 thousand rubles,” suggested Volynets.

In case of repeated abduction, the repeat offender must be brought to criminal liability under Art. 126 of the Criminal Code of Russia (“Kidnapping”).

Irina Volynets

Chairman of the National Parents Committee

Desperate

“Help, I don’t know what to do or where to run!” The husband actually kidnapped the child! He took me from school and is hiding me from me. The police don't respond because it's the father. My husband and I are in divorce proceedings. I haven’t known where my daughter is for a month now,” Sofia asks for help on the forums.

She doesn’t go to school, her mobile phone is blocked, she doesn’t show up at her husband’s house (and I’m on duty there all the time).

And Anna’s mother-in-law took the child. At first, the woman wanted to peacefully resolve the conflict with her ex-husband and his mother, but it didn’t work out.

Anna wrote a statement to the police, but her ex-husband and her mother-in-law wrote a counter statement. They testified that the child’s mother was an alcoholic and never fed her offspring, only drank.

Now the police are interviewing witnesses, but the mother still does not see the child.

But it is not only women who find themselves in this situation. “Three weeks ago, the wife took the child, her and the child’s things (even children’s furniture) and left the city. I was not in the city at that moment. I don’t know why. I never really hit her. Where it is is unknown. There is no contact with the child,” Dmitry worries.

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Discipline parents

Lawyer Maria Yarmush supported Volynets’ initiative. “It would be nice to introduce criminal liability. Now parents often abuse their rights.

If we talk about parental abduction, then there must be not only a parent living separately from the child, but also a parent with whom the offspring remained to live. Because the order of communication, for example, with the father, may be disrupted.

For example, if the mother, with whom the court left the child, takes her offspring from one city to another. Thus, she violates the order of her father’s communication,” Yarmush told the Moscow 24 portal.

She suggested looking into US legislation, where there is criminal liability for parents for kidnapping. According to the document, in order to change the place of residence, the custodial parent must resolve this issue only in court.

Yarmush believes that there should be no difference between the abduction of a child by a stranger and the situation when he is taken by an estranged parent. In this case, it is important to have a court decision that clearly defines with whom the child lives and communicates. Only then can we talk about kidnapping and introduce criminal liability.

“When a father kidnaps a child and takes him to another region, mothers spend several years trying to find their offspring. This is terrible, because at the same time the child’s psyche is crippled! Criminal liability is necessary here,” the lawyer emphasized.

But as a counterbalance, it is necessary to introduce punishment for those parents who, living with the child by court decision, do not allow a second adult to see him.

She added that there are also situations when, for example, a mother living with a child turns him against his father. And even with a court decision, he refuses to go to a meeting with the pope. This also needs to be understood.

Not just fine, as now, but hold them accountable, Yarmush added.

“After the introduction of criminal punishment, parents will become more disciplined, understanding that they may be convicted. Just recently I was in court and saw how the child’s mother was worried because the father, having lost the case, said that he would take the baby anyway and she would never see him again. It is simply necessary to introduce criminal liability against such fathers,” she noted.

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Very subtle question

The chairman of the republican branch of the Union of Fathers, Yuri Vladimirovich Solenov, was not so optimistic about Volynets’ idea. He explained to the Moscow 24 portal that he does not know what the statistics of such abductions are in Russia. But I am convinced that parents, as a rule, try to solve everything within the legal framework and not violate court orders.

“The situation here needs to be thoroughly investigated and monitored. Custody trials typically drag on. But both mothers and fathers adhere to and follow the decisions made by the judge,” says Solenov.

He also suggested that absurd situations could arise due to the new criminal punishment. For example, when the father is on a business trip or absent for other reasons, the child may require emergency hospitalization.

And the mother, without contacting the father, takes her son to another city for treatment. Upon returning, the father, not finding the child at home, can write a report of abduction against the mother.

“You need to be very careful when preparing such bills,” Solenov concluded.

State Duma deputy from A Just Russia, Dmitry Ionin, also expressed doubts about Volynets’ initiative. “The issue of raising children is a very delicate one, it needs to be approached extremely carefully. It’s one thing when a former spouse takes a child away and does not allow him to see the second parent,” the parliamentarian believes.

This should definitely be punishable.

Dmitry Ionin

State Duma deputy

But he considers holding a parent accountable for moving to another region of the country as a controversial issue. “There are, of course, situations when fathers are forced to constantly travel to another city to see their child. But there are all sorts of life circumstances; there is no point in bringing them to criminal liability. Life does not end with the divorce of parents,” the deputy noted.

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“Taking into account all moral and ethical aspects”

In turn, State Duma deputy, deputy chairman of the Committee on Family, Women and Children Oksana Pushkina found Volynets’ proposal “interesting.” “The idea is great! But, apparently, it is difficult to implement.

And the reasons for this are the rules of law that are already enshrined in the current Criminal Code and application practice. Despite the fact that the child was in fact kidnapped, from a legal point of view everything is in order. The police refuse to put the minor on the wanted list.

It will not be possible to prosecute under Article 126 of the Criminal Code of the Russian Federation “Abduction”. The Supreme Court of the Russian Federation interprets the term “someone else’s child” in such a way that one must adhere to the biological interpretation, and not the legal one.

Although from the point of view of a set of measures to influence such unscrupulous parents, the idea is very good,” Pushkina explained to the Moscow 24 portal.

Perhaps the number of stolen children would decrease.

Oksana Pushkina

Deputy Chairman of the State Duma Committee on Family, Women and Children

She also noted that in 2014, having become the ombudsman for children’s rights in the Moscow region, she “discovered with horror” that these days there are more and more “children of discord,” when a child becomes hostage to a parent’s divorce.

“And this is a huge problem in modern society. The horror is that the state sometimes cannot help people who find themselves in such trouble.

Having a writ of execution in hand, the legal representative, according to the court decision, has the opportunity to contact the bailiffs, according to which they are obliged to conduct a search for the child.

Sometimes bailiffs look for children for years, but in the end they still find them,” says the parliamentarian.

She noted that even after finding a “kidnapped” child, bailiffs most often cannot execute the court decision and return him to his legal representative - mother or father. “This is the weakest link in the existing mechanism for searching for ‘children of discord’,” states Pushkina.

The deputy said that on February 13, 2019, the State Duma in the first reading adopted a bill, one of the authors of which she herself is. The law will “eliminate the existing legal conflict.”

“We, in fact, did not come up with anything new. The current norms, namely Art.

65 of the Federal Law “On Enforcement Proceedings” already provide for the transfer of a found child... We have prescribed a detailed mechanism for the transfer, taking into account all moral and ethical aspects,” Pushkina said.

“At the same time, I would like to note once again that our law, with the working title “children of discord,” is not about punishing parents, but about saving children,” the deputy concluded.

Source: https://www.m24.ru/articles/vlast/07032019/154924

The State Duma has introduced punishment for parents hiding a child from their second spouse - Pravo.ru news

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The State Duma today adopted a bill providing that the court, at a preliminary hearing in the case of determining the place of residence of children, has the right to determine which parent they will live with during the trial. Parliamentarians did not introduce criminal liability for parents who “kidnap” their own children from each other. Radical amendments proposed by deputy Elena Mizulina were rejected.

Bill No. 446332-5 “On Amendments to Certain Legislative Acts of the Russian Federation” was introduced into the lower house of parliament on October 27 last year by a group of deputies led by the Chairman of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation Pavel Krasheninnikov. The document provides for amendments to the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. In particular, it is provided that when considering disputes about children, at the request of the parents (one of them), the court has the right to determine, for the period before the decision enters into force, the place of residence of the children and the procedure for the exercise of parental rights with the participation of the guardianship and trusteeship authority. Guardianship and trusteeship authorities are involved in determining the place of residence of children during the trial.

Also, at the request of the parents (one of them), the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights during the period of consideration of the dispute.

In addition, amendments to the Code of Civil Procedure of the Russian Federation establish that if there are circumstances indicating that a change in the actual place of residence of children during the period of consideration of the dispute is contrary to their interests, the court, until the court decision enters into force, leaves the child at the actual place of residence.

The current Article 5.35 of the Code of Administrative Offenses (failure of parents or other legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of minors) is supplemented in two parts.

According to the approved amendments, depriving a child of the opportunity to communicate with parents or close relatives, deliberately concealing the location of children against their will, failure to comply with a court decision to determine the place of residence of children, or otherwise preventing parents from exercising their rights to raise and educate children shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

Repeated commission of a similar offense within a year shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for up to fifteen days.

Let us recall that a month ago amendments were proposed to the document providing for administrative punishment for the illegal abduction of a child, detention outside his place of residence, for creating obstacles in the child’s communication with one of the parents who lives separately from the child. In case of repeated commission of similar actions, deputies proposed criminal prosecution, up to and including imprisonment for up to 10 years. However, the State Duma did not support this initiative.

The text of the document can be found in SPS “Pravo.Ru” here.

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Source: https://pravo.ru/news/view/52820/

The problem of child abduction in Russia. What to do if a child is stolen?

Freedom is the main value of any person, as a full member of modern society, in accordance with the laws of different countries of the world. One of the sworn opponents of civil freedom is such activities as child trafficking.

Child abduction is an unlawful act of violence against specific individuals. Trafficking bears signs of archaism and the slave system. Let us recall that slavery throughout the world was abolished in the 1st half of the 20th century. But today, children continue to be kidnapped, exploited for personal gain, and deprived of their freedom.

Dear readers! To get advice on your problem, contact a lawyer using the feedback form or call:

Thus, abduction and sexual exploitation of children are pressing problems of our time. These crimes are committed in all countries of the world: both developed and developing.

Article of the Criminal Code of the Russian Federation

Article No. 126 of the Criminal Code of the Russian Federation talks about kidnapping.

It is necessary to understand that if the actions of the convicts who forcibly held the victim are not aimed at kidnapping, but at carrying out other illegal actions against him, then this completely excludes qualification under Article No. 126 “Kidnapping” of the Criminal Code of the Russian Federation.

For example, if the actions of the convicted person(s) were aimed not at kidnapping the victim, but at killing him, then the Supreme Court of the Russian Federation is obliged to cancel the court decision against the guilty person(s) under Part 3 of Article No. 126 of the Criminal Code of the Russian Federation. And the case under this article will be closed due to the lack of corpus delicti.

Read also: How to get a free ticket to a camp for children in 2020

Kidnapping

Kidnapping is illegal actions aimed at kidnapping a person at any cost.

To a large extent, it is carried out for selfish purposes. The main goal of kidnapping is for criminals to obtain a material ransom from relatives of the kidnapped person.

In this case, the kidnappers force the hostage to perform the actions necessary for them.

Responsibility

- Dmitry Ivanov. Lawyer

According to Article No. 126 of the Criminal Code of the Russian Federation, a criminal who commits kidnapping of a child is punishable by forced labor or imprisonment for up to 5 years .

If the abduction was committed by a group of citizens by prior conspiracy; with the use of physical force that poses an extreme danger to the life and health of the abducted person; with the use of weapons or objects that replace them; in relation to 2 or more minors; for mercenary reasons, the offender is punished with imprisonment for a term of 5 to 12 years and restriction of freedom for up to 2 years.

In the event that the victim child dies, the offender is punished for a term of 6 to 15 years and restriction of freedom for up to 2 years.

A person who voluntarily frees a kidnapped person is exempt from criminal liability.

This happens if there are no other illegal actions against the victim.

What to do if a child is kidnapped?

First of all, parents are advised to call all the people with whom the child might be staying: relatives, friends, and so on. Children may get distracted by something interesting and forget to warn their parents that they will be late.

If the parents are convinced that the child is not in one of the places where he often spends time, they should contact law enforcement agencies who will help find the missing person. If the kidnappers make themselves known, do not stop answering their calls.

Experts from the RIA Novosti portal recommend that the parents of the abducted child contact a private detective. He will tell you in detail about your rights, answer questions, give information on what to do correctly in the current situation, what actions to take within the framework of state legislation.

In addition, he will provide all possible assistance in finding and returning the child.

Kidnapping of a child by one of the parents

An international document regulating aspects of private legal relations is the Hague Convention against Kidnapping. According to the provisions of this documentation, “the abductor undertakes to immediately return the child” even if it is one of the parents.

However, the Hague Kidnapping Convention has a provision according to which a parent has the right not to return a child due to the presence of circumstances that pose a potential threat to the life and health of the child if he is returned.

The current criminal legislation of the Russian Federation does not provide for liability for the abduction of a child by one of the parents.

According to current Russian legislation, either parent has every right to take the child abroad without the consent of the spouse. Since the Russian Federation is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, taking a child abroad by one of the parents is not considered a crime.

Article No. 20 of the Criminal Code of the Russian Federation states that a child has the right to leave the country with one of the parents or legal guardian. However, according to Article No. 21 of the Criminal Code of the Russian Federation, either parent has the right to notify his spouse and law enforcement agencies in advance of his disagreement with the removal of the child from the country.

In this case, the issue will be resolved in court.

According to Articles No. 61-65 of the Family Code of the Russian Federation, both parents have the full right to raise a child.

The fact that the law can limit the right of one of the parents to communicate with their son or daughter is a corresponding court decision.

What to do?

To prevent the possibility of conflict between parents, it is necessary in the divorce process to put forward a requirement to determine the place of residence of the child with one of the parents, as well as establish the procedure for communication between the son or daughter and the other parent.

It is important to note that decisions on controversial issues are made by the court. However, experts recommend using the services of a family lawyer.

At the same time, it is necessary to remember that parents are obliged to provide comfortable conditions for the development of their child, and in no case satisfy their own ambitions or sort out personal relationships, which is why the child himself will bear the blow.

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Source: https://zakonguru.com/semejnoje/rebenka/poxishheniya.html

Holding a child is a criminal offense

Each crime falls into a specific category based on the severity of the harm caused. Based on the Criminal Code of the Russian Federation, child abduction is classified as a serious crime. Kidnapping has a formal element of crime. If, for example, the kidnapped person was harmed, the offender will receive a more severe punishment.

Kidnapping is a forced method of keeping a child away from their parents. Even if the baby was not harmed and no one demanded a ransom, the act will still be regarded as a serious offense. The object of encroachment is freedom. Article 126 of the Criminal Code of the Russian Federation determines the punishment for theft of minors. It is according to this parameter that the crime is classified as serious.

The main reason is the infliction of particularly severe mental suffering on the victims at this moment.

Child abduction in Russia

Article 126 of the Criminal Code of the Russian Federation regulates liability for theft of a minor, as well as demands for ransom. This issue is dealt with not only by law enforcement agencies. The guardianship and trusteeship authorities also constantly carry out explanatory work in order to prevent new cases of kidnapping.

Also, the Hague Convention on the Civil Aspects of International Child Abduction was ratified on the territory of the Russian Federation. Its main goal is to protect the interests of minors. Each of her articles is aimed specifically at preventing kidnapping, as well as combating this phenomenon.

First of all, all states that ratify this agreement must take all possible actions to prevent minors from crossing the border illegally. Article 12 of the convention clearly states that in the event of illegal movement of a child, they must immediately return to their country of residence.

The Criminal Code of the Russian Federation largely also takes into account the provisions of the convention, but at the same time it also takes into account a number of its own peculiarities. As a general rule, international legal acts that are ratified by the state are higher in the hierarchy of national regulatory documents.

That is, if some article of the Criminal Code of the Russian Federation contradicts the norms of the convention, then the decision will be made precisely on the basis of it, and not of the Criminal Code of the Russian Federation.

What is the purpose of child abduction?

Many people think that theft for ransom is the only reason. Indeed, this is the most common reason. But this crime often has psychological or various social motives:

• for the purpose of forcing them to beg;
• theft by a woman who previously lost her baby;
• kidnapping by a father who has limited contact;
• sexual violence;
• revenge on parents.

But more often than not, this is still ordinary extortion, the purpose of which is primarily to obtain money. Article 126 of the Criminal Code of the Russian Federation defines punishment only in general for such an act, as well as for the required ransom. If other harm is also caused to the abducted person, then sanctions for this will be determined by another article of the Criminal Code of the Russian Federation. In any case, ransom is always an aggravating circumstance.

How do children get kidnapped from school?

Kidnapping is easiest to do where the baby is temporarily unattended: at school, on the way somewhere, on the playground. The main reason is usually the gullibility of minors. Kidnappers rarely launch an open attack, often simply trying to lure them by deception. The easiest way to do this at school is if:

• introduce yourself as a distant relative and say that an accident happened to your parents and asked you to bring him home urgently;
• offer to show something interesting and invite you to follow;
• say that he knows his parents and they are waiting for him near the school.

This is why often in schools teachers do not let students go with strangers without calling their parents. Also, parents themselves always teach not to go anywhere with strangers under any pretext.

Read about the curfew for minors at the following link:

Punishment for child abduction under the Criminal Code of the Russian Federation

Article 126 of the Criminal Code of the Russian Federation classifies child abduction as a standard category of “kidnapping”.

Moreover, if for ordinary kidnapping this article of the Criminal Code of the Russian Federation provides for punishment of up to 5 years in prison, then if a minor was kidnapped, then this act is qualified under paragraph 2 of Article 126 of the Criminal Code of the Russian Federation. In this case, the punishment is from 5 to 12 years in prison.

By the way, this clause also determines the punishment for the selfish intent of the act. That is, if a ransom is demanded even for an adult, then the punishment will still be the same. If kidnapping was committed by a criminal group or resulted in the death of the kidnapped person, then p.

Article 126 3 of the Criminal Code of the Russian Federation provides for imprisonment of up to 15 years. An important point: if the kidnappers release the kidnapped person without causing harm or taking a ransom, then the Criminal Code of the Russian Federation provides for complete exemption from criminal liability.

• It is important to take into account that if a kidnapped child dies, the kidnapper will most likely be tried under Article 109 of the Criminal Code of the Russian Federation - “Causing death by negligence.”
• Read more about juvenile justice in Russia in the article:

Statistics of child abductions in Russia

Practice shows that in Russia children are not stolen as often as, for example, in the USA. But, alas, recent news indicates that such crimes are becoming more frequent. For some criminal groups in Moscow, this is already a real business and therefore special attention should be paid to the fight against such incidents.

Statistics show that an average of 15,000 children disappear in Russia every year. Every fifth of them is not found at all or is found dead. Kidnapping for the purpose of obtaining a ransom is much less common - according to statistics, about 300 such cases are recorded per year in Russia. The peak of crime was recorded in the 90s and in 2011.

After 2011, the statistics improved slightly.

Kidnapping of a child by one of the parents is a criminal offense

The Criminal Code of the Russian Federation clearly defines that the theft of one’s own children from an orphanage or by one parent from another is not a criminal offense. This act can be qualified under Article 330 of the Criminal Code of the Russian Federation “Arbitrariness”, but in any case deprivation of liberty is not provided.

Deprivation of parental rights is also not a basis for criminal liability if a person kidnaps his children and does not demand a ransom. You can get time for this only if you demand a ransom from the second parent or adoptive parent.

In this case, the Criminal Code will regulate this issue in the standard manner - paragraph 2 of Article 126 of the Criminal Code of the Russian Federation. Criminal liability is usually not imposed for the abduction of a child by a father, even if a court decision previously regulated his visit to the children.

In any case, this type of crime is a rather controversial issue and therefore the punishment will be determined by the court on an individual basis for each case, taking into account many additional factors.

If a woman refers to the fact that her ex-husband demanded a ransom, then punishment under this article is possible. But if no ransom was required, but harm was caused to the kidnapped person, then the punishment will be for these acts, but not for the kidnapping.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): (6 4,17

Source: https://legalwin.ru/uderzhanie-rebenka-ugolovnaya-otvetstvennost.html

About the “abduction” of children by one of the parents

Question:

The father kidnapped the child from the mother and took him to the United States of America, of which he is a citizen. What crime is contained in his actions, from the point of view of the legislation of the Russian Federation? How are such issues resolved?

Answer:

In accordance with Part 1 of Art. 126 of the Criminal Code of the Russian Federation, kidnapping is punishable by imprisonment for a term of four to eight years. The same act committed against a known minor (Article 126, part 2, paragraph “d” of the Criminal Code of the Russian Federation) is punishable by imprisonment for a term of six to fifteen years.

Acts provided for in parts one or two of this article, if they entail grave consequences, are punishable by imprisonment for a term of eight to twenty years. A person who voluntarily frees a kidnapped person is exempt from criminal liability unless his actions contain another crime.

As follows from the scientific and practical to Art. 126 of the Criminal Code of the Russian Federation, the direct object of the crime is the physical freedom of a specific victim (victims). An additional object may be the safety of life, health of the victim, his relatives, property relations, etc.

The objective side of the crime is expressed in the commission of actions, in the secret or open abduction of a person, i.e.

in the removal against his will from the place where he is located and moving to another place determined by the abductor, where he is held in captivity.

Abduction can be carried out by deception, when the victim himself goes with the kidnapper to the place where he will be forcibly detained in the future, without suspecting it.

• The crime is considered completed from the moment the person is actually kidnapped.
• The subjective side is characterized only by direct intent.
• The subject of this crime is any person who has reached the age of 14 years.

Cases of abduction by a parent of his own child from another parent or other persons to whom the child was transferred in accordance with the procedure established by law for upbringing, as well as abduction of a child by close relatives (siblings and adopted brother, sister, grandfather, grandmother), if these actions are committed in the interests of the child, in including those falsely understood, do not constitute a crime under Art. 126 of the Criminal Code of the Russian Federation.

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Kidnapping for mercenary reasons should be distinguished from hostage-taking for the same reasons (clause “h”, part 2, article 206 of the Criminal Code of the Russian Federation). During a seizure, the perpetrator is interested in wide publicity of his demands, but during a kidnapping, he is not, the ransom demand is presented to a narrow circle of people, and the place of detention of the kidnapped person is kept secret.

Other grave consequences include, in particular, suicide of the abducted person, serious illness, mental disorder, infliction of serious harm to the victim through negligence, major property damage, etc.

In accordance with Art. 24 of the Family Code of the Russian Federation, upon divorce, spouses may submit to the court an agreement on which of them the minor children will live with. If there is no such agreement, the court is obliged to determine which parent the minor children will live with after the divorce.

In accordance with Article 61 Part 1, 63 Part 1-66 of the Family Code of the Russian Federation, parents have equal rights and bear equal responsibilities in relation to their children (parental rights). Parents have the right and responsibility to raise their children. Parents are responsible for the upbringing and development of their children.

They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons. The protection of the rights and interests of children rests with their parents.

Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.

When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law. All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children.

In the absence of an agreement on the place of residence of the children when the parents live separately, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children.

In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).

A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education. The parent with whom the child lives should not interfere with the child’s communication with the other parent, if such communication does not harm the child’s physical and mental health or his moral development.

If the parents cannot agree on the procedure for exercising parental rights, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents or one of them. In case of failure to comply with the court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child. A parent living separately from a child has the right to receive information about his child.

The rights of minors are determined by the provisions of the Family Code of the Russian Federation: in particular, Art. Art. 54-57. Namely: a child is a person under the age of eighteen.

Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to be cared for by them, and the right to live together with them, except in cases where this is contrary to his interests.

A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity. The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives.

The dissolution of the parents' marriage, its recognition as invalid or the parents' separation do not affect the rights of the child. If the parents live separately, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states (Article 55 Part 1 of the Family Code of the Russian Federation).

The child has the right to protection of his rights and legitimate interests. The protection of the rights and legitimate interests of the child is carried out by the parents (if necessary, by the guardianship and trusteeship authority, the prosecutor and the court. The child has the right to protection from abuse by parents.

If the rights and legitimate interests of a child are violated, or if parental rights are abused, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and upon reaching the age of fourteen years, to the court. The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests.

According to family law, disputes related to the upbringing of children, in addition to those mentioned in clause 4, part 1, article 23 of the Code of Civil Procedure, include, in particular, disputes: about the place of residence of the child when the parents live separately ( clause 3 of art.

65 RF IC ); on the exercise of parental rights by a parent living separately from the child ( clause 2 of Article 66 of the RF IC ); on the removal of obstacles to communication with the child by his close relatives ( clause 3 of Article 67 of the RF IC ; on the return to the parents of a child not detained on the basis of law or a court decision ( clause

1 Article 68 RF IC ); on the return to the adoptive parent of a child held by other persons not on the basis of law or a court decision ( clause 3 of Article 153 of the RF IC ); on restoration of parental rights ( clause 2 of article 72 of the RF IC ); on restriction of parental rights ( clause 1 of Art.

73 RF IC ); on the abolition of restrictions on parental rights ( Article 76 of the RF IC ); on the cancellation of adoption ( clause 1 of article 140 of the RF IC ).

Other cases involving disputes arising from family law relations and not related to the upbringing of children may be considered by a magistrate. In particular, to them, in addition to those specified in clause 3, part 1 of Art.

23 of the Code of Civil Procedure of the Republic of Kazakhstan in cases on the division of jointly acquired property between spouses, within the jurisdiction of the magistrate, regardless of the value of the property subject to division, includes cases: on declaring a marriage invalid ( Article 27 of the RF IC ); on the collection of alimony for minor children in the event of a dispute ( Art.

80 RF IC ); on the collection of alimony for disabled parents ( Article 87 of the RF IC ); on the collection of spousal support from the other spouse ( Article 89 of the RF IC ), etc.

Thus, all disputes between parents about children do not go beyond the scope of civil proceedings , unless the actions of the parents contain elements of another crime (for example, causing harm to health with direct, indirect intent or negligence, hooliganism, etc., etc.). P.).

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Child theft article

Hello, in this article we will try to answer the question “Child theft article.” You can also consult with lawyers online for free directly on the website.

In this case, the kidnappers make certain demands for the release of the captive. The most common crime is kidnapping for ransom. They demand a certain amount of money to return a person. This is perhaps the most common case. Next is the extraction of any intangible benefit.

A minor who is brought to criminal liability for theft under Parts 1 and Part 2 of Article 158 of the Criminal Code of the Russian Federation may be released by the court from criminal liability using compulsory educational measures, which means actual release from punishment.

Regulatory acts of ministries and departments of the Russian Federation under Art. 126 of the Criminal Code of the Russian Federation

There are many options; it is important that the consequences of the crime are not taken into account when qualifying the crime. The violation is considered completed at the moment the victim’s freedom of movement is restricted.

Kidnapping is defined in the Criminal Code of the Russian Federation as the secret capture and detention of a person against his will by deception or the use of physical violence, threats or weapons against him. Article 126 of the Criminal Code of the Russian Federation regulates the punishment for this type of crime.

The Criminal Code of the Russian Federation provides for punishment of up to 15 years in prison. So, for an attempt to commit such a crime, the punishment is no more than 11 years and 3 months. Neither life imprisonment nor the death penalty are imposed for attempted murder.

In some cases, the responsibility to pay the fine shifts to parents or guardians. The fine ranges from 1,000 rubles to 50,000 rubles.

The punishment for a failed kidnapping attempt will be determined by the court, taking into account the consequences, the identity of each of the accused and his role in the planned crime. For example, the organizer of a hijacking whose criminal plan was foiled only by chance may be sentenced to a prison term, and his accomplices who played minor roles may be given a suspended sentence.

More on the topic Article 124. Abduction of another person’s child:

• Therefore, mothers' rights activists introduced a bill that would provide fines and criminal penalties for the abduction of a minor by a father.
• Since it is quite difficult to kidnap and hold an adult, the attacker often has accomplices who can be involved only at some stages of the crime, used to perform auxiliary functions: to be responsible for protecting the kidnapped person (to prevent his possible escape) or to negotiate with the relatives of the kidnapping victim.
• Compulsory work (from 40 to 160 hours), and only those that can be performed by minors themselves.
• This means that in a kidnapping there are 2 or more co-perpetrators who, even at the stage of preparation for the unlawful act, agreed to commit the crime.

Child abduction: by father, one of the parents, article of the Criminal Code

The abduction can be carried out secretly or overtly. In most cases, the relatives of the victim are notified of the crime committed. Sometimes attackers demand a ransom from relatives. This most often happens when a minor is kidnapped.

In Israel, control over the legality of the movement of children is exercised by both the prosecutor's office and the court. In Israel, children between the ages of 16 and 18 are subject to the abias corpus process, which also applies in cases where the second country has not ratified the Hague Convention.

A person who has reached the age of sixteen at the time of committing a crime is subject to the most severe criminal liability. For certain types of crimes (medium, grave and especially grave), liability is provided from the age of 14, including theft.

It is important to know that citizens under the age of 14 are not subject to criminal liability for theft.

For the commission of these crimes, long terms of imprisonment are established (from 20 years of criminal imprisonment to life imprisonment). In case of active repentance of the perpetrator, a mitigation of punishment is provided.

Decrees and orders of the President of the Russian Federation under the Criminal Code of the Russian Federation

What can be considered preparation for kidnapping? Let’s say a citizen with personal or selfish motives developed a plan to kidnap a person, and then attracted several accomplices to implement his idea. However, for some reason, the potential victim was in a different place at the time of the planned capture. The crime did not occur, the plans of the kidnappers were discovered, and they themselves were detained.

For this purpose, they placed the victim in the trunk of a car and took him to a vacant lot, where they killed him. Then, wanting to hide the crime committed in K.’s presence, they took K. to the forest and also killed him.

How is kidnapping different from hostage taking? Criterion for comparing elements of crime Art.

Kidnapping is considered a completed crime from the moment the person is captured and begins to move. However, the subsequent retention of the stolen property does not require additional qualifications.

As soon as we are talking about children, and even more so. If you look at Russian legislation, child abduction is Article 126 of the Criminal Code of the Russian Federation.

Each of the related crimes implies a specific sanction, so it is important to clearly define the smallest details of the violation being committed.

Article 126. Kidnapping

In case of theft committed by a minor under 14 years of age, responsibility rests with his parents or guardians.

Such circumstances may be:

• kidnapping of minors and pregnant women;
• atrocities committed by a group of persons;
• kidnapping of several people;
• use of violence against victims, threats and weapons;
• personal gain;
• use of official position.

The object of encroachment is freedom. Article 126 of the Criminal Code of the Russian Federation determines the punishment for theft of minors. It is according to this parameter that the crime is classified as serious. The main reason is the infliction of particularly severe mental suffering on the victims at this moment.

After a divorce, the child remains with one of the parents by mutual agreement or court decision. In Russia, in most cases, the court takes the mother’s side.

Article 126. Kidnapping

In cases where a crime is committed by a group of persons by prior conspiracy, punishment can be imposed up to 15 years.
A criminal case for theft of minor and medium gravity against a minor can be terminated in court by reconciliation of the parties. In practice, it is impossible to close a case at the stage of investigation and inquiry (before trial).

The criminal codes of many foreign countries provide for liability for crimes against freedom. For example, the Criminal Code of Germany contains a set of normative rules aimed at protecting individual freedom, while responsibility is established differentially depending on the identity of the victim and the motives of the thief [8].

The most severe punishment for kidnapping is provided in Asian countries. For example, in China and Thailand, in addition to life imprisonment, the death penalty can be applied. In developed European countries (France, Germany, Sweden) the punishment is life imprisonment. In Lithuania, Belarus, and Bulgaria, the maximum term of imprisonment is 15 years[13, 14].

Actions of convicted persons aimed not at keeping the victim in another place, but at committing other crimes against him, exclude qualification under Art. 126 of the Criminal Code.

The objective side includes two mandatory actions: capturing (capturing) a person and moving him. Capture is understood as the unlawful establishment of physical power over a person, associated with the restriction of his physical freedom. The seizure can be carried out with violence (the victim is pushed into the car) or without it (by deception), secretly or openly.

If the minor is not against his move, then this fact will not be taken into account, since the child is not fully aware of the need for the events taking place around him (moving to a new address). If we are talking about the fact that a minor is forcibly put into a car by his relatives, then such actions will have an appropriate legal assessment even for parents.

The subjective side is characterized by direct intent. The perpetrator is aware of the public danger of seizing a person and moving him and wants to commit these actions. The motives and purposes of a crime can be different: hatred, envy, revenge, etc.

Committing a crime against the will of the kidnapped person is a prerequisite for criminal liability. In this regard, the ritual abduction of the bride by the groom in those areas where such a custom exists, with her consent, even against the will of her relatives, is not criminal.

Kidnapping infringes on the social relationship that ensures the physical freedom of a person. Physical freedom refers to the right of a person, at his own discretion and will, to be in any place and move in physical space.

Criminal liability for kidnapping under Part 2 of Art. 126 of the Criminal Code of the Russian Federation provides for: imprisonment (DP) for 5-12 years with restriction of freedom for up to 2 years or without restriction of freedom.

From the subjective side, this crime can only be committed with direct intent, in which the perpetrator realizes that he is kidnapping or replacing someone else’s child, and wants this.

A mandatory sign of the subjective side is a selfish goal (for example, to receive a ransom), revenge and other personal motives (for example, envy, the desire to have a child to raise).

Article 124. Abduction of someone else’s child

Freedom is the inalienable right of every citizen of the Russian Federation. Any restrictions on this right are considered illegal and entail criminal liability.

Family misunderstandings between former spouses regarding the residence and upbringing of a minor usually end in the courtroom.

Kidnapping is the secret or open taking of a child without the knowledge or consent of parents, guardians or child care institutions raising or treating children. Theft can also be committed through deception or abuse of trust.

On the way, Trunyakov took the victim K. out of the car and shot him in the chest and head. After this, the convicts hid the corpses of the victims.

Source: https://strugackiy.ru/menedzhment/7154-krazha-rebenka-statya.html

Abduction of a child from a mother by a father, article of the Russian Criminal Code

Parental kidnapping is a terrible problem. Even more terrifying is that in Russian law there is no such thing as family kidnapping.

You should not succumb to this provocation. If a father has kidnapped a child, then he wants to be his parent all the time, and, therefore, he will not do any harm to the child. Therefore, immediately after the telephone conversation you need to go to the police.

Article 124. Abduction of another person’s child

We are divorced. The mother took her two children on holiday to Spain. The father gave consent to temporary departure, indicating the period of the trip for recreation.

All actions of parents aimed at fulfilling the demands of the kidnappers must be accompanied and monitored by specialized services. Refusal to accept an application is NOT allowed.

There are cases when, during a divorce, a child remains with one of the parents, and the other simply takes the child to himself without the knowledge of the first. So a situation occurs when mom or dad think that the child is lost, but he is in caring hands.

That is why, when you discover that your baby is missing, you need to call all relatives, friends, and the like. The mother must understand that the child needs his father's upbringing, especially if they have a son.

In the event that the father has kidnapped the child, then first of all the mother should contact the father and listen to his complaints, since the matter is most likely related to his dissatisfaction.

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It is planned that for the first violation a large fine will be imposed on the parent. If the kidnapping is repeated, the father will be held accountable in accordance with Art. 126 of the Criminal Code with a punishment of up to 12 years.

However, the child needs a conversation with a psychologist, because the father could influence him, threaten him and therefore his opinion could change. Of course, the father will be punished, but the court decision may be revised and the child may remain with the father.

In case of repeated abduction, the repeat offender must be brought to criminal liability under Article 126 of the Criminal Code of the Russian Federation “Kidnapping,” the letter says.

Muscovite Alina Bragina's ex-husband took her daughter away five years ago. There are several court decisions on determining the place of residence of a child with his mother. But the child’s father did not fulfill them for five years.

All these years Bragina has not seen her daughter. Recently, another court, in the Tula region, nevertheless ruled in favor of the father. Although the mother won the previous trials.

But their father ignored their decisions for five whole years.

Latest questions on the topic “child abduction”

How can I achieve normal communication with my child? Can I pick her up from school without being afraid that my ex-wife will report the child’s abduction to the police?

A year later, Muscovite Anastasia Kasilova was able to see her son, whom his father, as the girl assures, kidnapped and hid all this time with relatives in another region. Is it possible to hold accountable parents who do not comply with a court decision and take children away from their former lovers, in an interview with the Vesti.

This situation is complicated by the fact that over a long period of time the child may forget the other parent - and in the future he himself will not want to return to him. Over a long period of legal proceedings, a child may completely forget what his mother or father looks like, and then not recognize them. Because of this, he suffers psychological trauma.

Children very often become a toy in the hands of adults, many of whom do not understand that it is the child who suffers, first of all, from their love for their child and their desire to annoy their former half.

The father took away and kidnapped the child: what should the mother do?

The father turned out to be a municipal deputy, so a criminal case was opened against him by the city department of the Investigative Committee for Dmitrov near Moscow. The suspect violated the mother’s rights to raise her son, and also caused “significant harm to the physical, mental, moral and spiritual development of a young child,” investigators said.

Yes, babies have also been kidnapped before, but not so often. What is the punishment for committing an act? What kind of punishment should I expect? And in general, why do they kidnap people (children, in particular)? There must be some motive for this violation. In general, the reasons may be different.

The maximum punishment for such an act at the moment is arrest for 5 days. But usually the culprit manages to avoid it.

The abduction of a child or adult can be accomplished through the use of violence, threats, deception or any other trick. If a person himself wants to disappear and no one is holding him against his will in one place or another, then a violation cannot be considered as such. This is no longer a kidnapping.

Now these situations are not regulated in any way. Therefore, there are practically no ways to deal with this.

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Once the police department receives a report of a missing minor, officers must immediately begin a search. If, in the case of the disappearance of an adult citizen, three days must pass from the moment of disappearance, then in the case of the abduction of a child, the actions of law enforcement agencies must begin from the moment the application is received.

The Family Code of the Russian Federation determines the equality of rights of father and mother in matters of upbringing, communication and living with the child, unless the court establishes otherwise.

But there are times when one of the child’s parents takes him away without the knowledge of the other parent. Is it possible that in this case the actions of mom or dad also fall under a criminal article? To understand the issue when child abduction is considered a criminal offense, it is necessary to study in detail all the smallest aspects of the case.

After a divorce, the child remains with one of the parents by mutual agreement or court decision. In Russia, in most cases, the court takes the mother’s side.

If they do not reach an agreement, then the minor can be taken away by one of the legal representatives without the knowledge and consent of the other.

Prospective guardians pay kidnappers for, say, adoption fees, but have no idea that the baby has been kidnapped.

The Criminal Code contains Article 126 of the Criminal Code of the Russian Federation “Kidnapping”. Since the crime was committed against a minor, the perpetrators could face between five and 12 years in prison. However, it should be taken into account that parents have equal rights to raise and communicate with the child, and therefore there is no need to talk about kidnapping.

The judge, referring to Article 140 paragraph 3 of the Code of Civil Procedure on the proportionality of claims, seized the property that is the subject of a dispute between the spouses, partially and 2 months after the date of filing the application requesting seizure.

Holding a child is a criminal offense

Recently, such a violation as child abduction has become more and more common. It's no secret that kidnapping itself is a common phenomenon. And it is done with some motive. Previously, this violation was widespread in relation to adults, but now the matter has affected children.

But they are just kids - 2.6 and 3.8 years old. A little more - and they won’t be able to remember me... Alena met her future husband, a native of Ingushetia, Uves Mogushkov, when she was only 15.

If the father demanded money for the child, that is, he kidnapped him for profit, then you should immediately contact the police. In this situation, the article of the Criminal Code of the Russian Federation on kidnapping applies. Again, it is necessary to write a statement, attaching to it the previous court decision. The father and child will be put on the wanted list and will be found after some time.

The term “kidnapping” means kidnapping. Accordingly, family kidnapping is the abduction and holding of a child by one of the parents.

What to do if you are a victim of family kidnapping

As already mentioned, the abduction of a child (or an adult) is purposeful. Almost always this action is performed for selfish purposes, for profit. But what is most common in practice?

Also, psychological disorders contribute to the development of other diseases that will be identified during a medical examination.

Despite the criminal case opened by the Investigative Committee department, the father-deputy has still not returned the child to the mother. This was confirmed to the RG correspondent by the woman herself.

According to Anna Meksicheva, a court in Moscow will soon consider her claim to deprive the child’s father of parental rights. The reason is that the man abuses his parental rights.

Kidnapping of a child by one of the parents as a criminal offense Text of a scientific article in the specialty “State and Law.

The secret movement of a person with his consent, for example, for the purpose of extorting a ransom from relatives, does not constitute kidnapping. Also, the consent of a minor child or misleading him, for example, with a promise to buy ice cream, should not be taken into account.

Hello, my husband is going through divorce proceedings, he kicked me out of the house, he handed over our common child to his relatives, can I write a statement against him?

An application to the law enforcement agencies can be submitted when the biological father, from a legal point of view, has no relation to the minor.

The article for arbitrariness does not entail heavy punishment. Maximum, six months of arrest. But the guilt of the parent will be confirmed by the fact that he committed a crime against the child and the other parent. Therefore, parental rights may be deprived. Realizing the prospect of losing a son or daughter forever, some of the irreconcilables will think about a settlement agreement with their exes, lawyers hope.

The wife left with the children. Asks for a divorce. I also want to raise a child; we have two, a 6-year-old son and a 3-year-old daughter.

In addition, there is the receipt of material or property benefits from relatives (parents, friends, family members, acquaintances) of the abducted person. In this case, the kidnappers make certain demands for the release of the captive. The most common crime is kidnapping for ransom. They demand a certain amount of money to return a person. This is perhaps the most common case.

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