Civil Disputes On International Child Abduction From The Position Of Russian Law

The article is devoted to the analysis of disputes about the international abduction of children from the position of Russian law and to the identification of factors that reduce the effectiveness of legal mechanisms for protecting the rights of illegally displaced or detained children. As a result of the research, the circumstances preventing the effective application of the Convention on the International Child Abduction in Russia were revealed. 1) The problem of understanding certain terms that have different meanings in Russian law and in the Convention. 2) The existing mechanism for the recognition of new parties to the Convention allows the Russian courts to refuse to meet the demands for the return of the child. 3) Different directions of vectors laid down in the Convention. The main objective of the Convention is to ensure the prompt return of the child to his or her country of usual residence. The use of conditions, in the presence of which a refusal to return a child is possible, causes significant difficulties. 4) The problem of approval by the court of a settlement agreement. The court cannot approve an agreement, which includes issues that are not the subject of a dispute. The authors concluded that it is necessary to develop and adopt an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation with a view to uniform interpretation and application of the provisions of the Convention, taking into account the existing practice of the ECtHR.