К вопросу об инициировании оказания российским адвокатом юридической помощи в процессе международного усыновления

Abstract

This article raises the question of the initiative to appeal to a lawyer in the process of international adoption of Russian children in order to monitor compliance with their interests and protect their rights. The author substantiates the need to allow minors over the age of fourteen to conclude independently an agreement on the provision of legal assistance with a lawyer on his own behalf without the consent of the legal representative in order to accompany the latter the process of international adoption of such a minor. In case of minors under the age of fourteen, the author proposes to impose the obligation of conclusion an agreement with a lawyer on the legal representative of the minor. The main arguments, given by the author in defense of his position, are: the ability of a lawyer to be a guarantor of protection the interests of the adopted child, the legality of actions in relation to the child and potential adoptive parents; gratuitousness of the provision of legal assistance by a lawyer in this category of cases by virtue of the law. The author also discusses the feasibility of lowering the age, which takes into account the child’s opinion, regarding his right to live and be raised in a family, and legal education measures for orphans and children left without parental care in order to exclude the possibility of abuse by legal representatives, in particular, by the guardianship authorities, their rights and (or) powers.