Restriction and deprivation of parental rights as methods of combating domestic violence
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 3
, 2025
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
St Petersburg University
(Civil law department, research assistant)
employee from 01.01.2022 until now
St. Petersburg, St. Petersburg, Russian Federation
employee from 01.01.2022 until now
St. Petersburg, St. Petersburg, Russian Federation
Type:
Article
Pages:
from 120
to 126
Status:
Published
Received:
05.06.2025
Accepted:
29.09.2025
Published:
29.09.2025
Subject area:
UDC 347.637
Language:
Russian
Keywords:
Deprivation of parental rights, restriction of parental rights, family legal responsibility, domestic violence, prevention of domestic violence
Funding:
The research was carried out with the help of the Russian Science Foundation's grant funding No. 24-28-00424 "Legal regulation of countering the domestic violence in the Russian Federation", https://rscf.ru/project/24-28-00424/.
Abstract (English):
Introduction. In the course of the study, the main results of which are presented in this article, the most significant doctrinal issues of restriction and deprivation of parental rights as methods of combating domestic violence were analyzed. In modern realities, the problem of domestic violence, including child abuse, does not lose its significance, which confirms the relevance of the study. Methods. The formulated conclusions are based on the results of monitoring the literature (scientific sources), in which restriction and deprivation of parental rights are considered as methods of combating domestic violence. Results. According to the author of the article, at present the studied problem is very poorly developed from a doctrinaire perspective. In Russian law, there is no single understanding of what «domestic violence» is. Fortunately, this circumstance does not yet have any significant negative impact on practice. At the legal level, the issue of qualifying the conviction of a parent with the choice of a punishment in the form of imprisonment as a basis for restricting (depriving) him of parental rights has not been resolved. Now the courts decide it based on the factual circumstances of a particular dispute about the restriction (deprivation) of parental rights. The author believes that today it is time to start discussing the possibility of recognizing deprivation of parental rights as a punishment or other measure of a criminal-legal nature in cases of certain crimes. This issue requires detailed and in-depth study, but without this it will be quite difficult to effectively combat domestic violence
Introduction. In the course of the study, the main results of which are presented in this article, the most significant doctrinal issues of restriction and deprivation of parental rights as methods of combating domestic violence were analyzed. In modern realities, the problem of domestic violence, including child abuse, does not lose its significance, which confirms the relevance of the study. Methods. The formulated conclusions are based on the results of monitoring the literature (scientific sources), in which restriction and deprivation of parental rights are considered as methods of combating domestic violence. Results. According to the author of the article, at present the studied problem is very poorly developed from a doctrinaire perspective. In Russian law, there is no single understanding of what «domestic violence» is. Fortunately, this circumstance does not yet have any significant negative impact on practice. At the legal level, the issue of qualifying the conviction of a parent with the choice of a punishment in the form of imprisonment as a basis for restricting (depriving) him of parental rights has not been resolved. Now the courts decide it based on the factual circumstances of a particular dispute about the restriction (deprivation) of parental rights. The author believes that today it is time to start discussing the possibility of recognizing deprivation of parental rights as a punishment or other measure of a criminal-legal nature in cases of certain crimes. This issue requires detailed and in-depth study, but without this it will be quite difficult to effectively combat domestic violence
Keywords:
Deprivation of parental rights, restriction of parental rights, family legal responsibility, domestic violence, prevention of domestic violence
Deprivation of parental rights, restriction of parental rights, family legal responsibility, domestic violence, prevention of domestic violence
