16 August 2019, 18:25
Lawyers voice conditions for return of Ingush girl to her parents
The authorities had the legal right to appoint a guardian for an Ingush girl who suffered from violence, and the return of the child to her parents now depends on the decision of the guardian, state family law specialists interviewed by the "Caucasian Knot".
The "Caucasian Knot" has reported that Zarema Chakhkieva, Commissioner for Children's Rights in Ingushetia under the auspices of the Ingush leader, has become a temporary legal representative of the rights of the girl who had suffered from the beatings. On August 14, Zarema Chakhkieva said that the girl's mother hired a lawyer to return the child to her family, and the guardianship authorities wanted to deprive the girl's father and mother of their parental rights.
On July 4, the girl was hospitalized in Ingushetia in grave condition. It turned out that she lived under guardianship in the family of her aunt, who after the girl's hospitalization was charged with intentionally causing grievous and life-threatening harm, the Department for Ingushetia of the Investigating Committee of the Russian Federation (ICRF) has informed. On August 7, doctors amputated the girl's forearm and right hand and decided to install prosthesis after the child's recovery.
The "Caucasian Knot" correspondent has been informed by lawyer Lyudmila Tolstonogova that as soon as a guardian is appointed for a minor, his or her parents lose the opportunity to represent the child's legitimate interests.
At present, the duties of the Children's Rights Commissioner Zarema Chakhkieva include protecting the rights and interests of the girl, however, after the child's mother claimed her right for the daughter, the guardian "has to solve a difficult problem," the lawyer says. "After all, so far the woman is not deprived of her parental rights. As for the deprivation of parental rights, this is to be decided by the court," notes Lyudmila Tolstonogova.
The "great responsibility" rests with the guardian, agrees lawyer Nikolai Dyakov. "The Family Code provides for that from the moment a guardian is appointed for a minor, parents lose their rights and responsibilities in representing interests and protecting the rights of a child. However, this does not mean automatic loss of parental rights," Nikolai Dyakov told the "Caucasian Knot" correspondent.
The guardian does not have the right to interfere with the child's communication with parents and relatives, if the child benefits from such communication, the lawyer has added.
This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on August 16, 2019 at 12:51 pm MSK. To access the full text of the article, click here.
Author: Tatiana Gantimurova; Source: CK correspondent