Chernyh, I.I. Judicial decision in the cases on the disputes concerning raising of children

Abstract: The article may be used for the education in the Master’s Program “Judicial examination on family cases”. Using examples of family disputes regarding raising children, the author shows how judicial decisions should be analyzed. The article includes analysis of general provisions of the norms providing for the requirements to every part of judicial decision. Attention is paid to the specific features of the judicial act for the above-mentioned category of cases, the examples from the judicial practice are provided, some theoretical and practical problems are dealt with, such as the problems regarding the participants of the family disputes. The opinion is expressed on the need to regard a child as an independent participant in a civil process, attention is paid to the specific features of formation of the object of proof in these cases, pointing out the special role of the court for achieving this goal. Lawfulness and substantiation of the judicial decision are to the great extent established by the correct definition of the significant facts for the case. Much attention is paid to the specific features of the resolution part (findings) in the judicial decision in cases regarding disputes concerning children.

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