EXECUTION OF A COURT DECISION ON THE REMOVAL OF A CHILD: THEORETICAL AND EMPIRICAL RESEARCH

Abstract

The article is devoted to a comprehensive disclosure of the theoretical aspects of the implementation of the decision to remove a child, taking into account law enforcement practice. It is argued that the decision to remove a child should be made only on the basis of legally defined grounds and be aimed at ensuring the rights of the child and observing his best interests.The study of the provisions of international documents and national legislation made it possible to propose the author’s definition of the term «removal of a child» as a way to protect the rights and interests of the child, which is a process during which guardianship and trusteeship bodies or other authorized entities make a decision to remove a child from the family or from a certain environment in which he is located, in order to ensure his safety, health, and well-being.The author established that at the legislative level, regulatory requirements for the implementation of a court decision to remove a child have been established, which relate to temporal boundaries, subject composition, as well as compliance with the rights and freedoms of other participants in the enforcement proceedings. In addition, it was found that in the process of carrying out executive actions to execute the relevant writs of execution, related issues may arise that significantly complicate this process and require an additional appeal by the state bailiff to the court. Therefore, detailed attention is paid to the issues of temporary placement of a child in a children’s or medical institution, declaring a child wanted, as well as forced entry into a person’s home or other possessions to take a minor. The results of the study emphasize that the dificulties in executing a court decision to take a child necessitate the carrying out of relevant executive actions by state bailiffs who have a high level of professionalism and competence, as well as appropriate moral and volitional qualities proceedings, guarantees, court decision, taking a child, the best interests of the child.