Liability for illegal taking a child

The article is devoted to the study of the problems of illegal removal of children from parents by guardianship and trusteeship authorities. The legal grounds for government intervention in family relations are considered, allowing for an excessively broad interpretation of the provisions of article 77 of the Family Code of the Russian Federation on removal of a child in the event of an immediate threat to the child’s life or health. As a result of the analysis of law enforcement practice, cases of unjustified removal of a child with a formal approach to assessing the family situation and the lack of proper control over the activities of guardianship and trusteeship authorities were identified. Measures are proposed to improve the current legislation aimed at increasing the level of legal protection for families and preventing unlawful decisions. It is proposed to include Article 1541 “Illegal removal of a child from the family” in Chapter 20 of the Criminal Code of the Russian Federation, which would establish criminal liability for the illegal removal of a child from the family by an employee of the guardianship and trusteeship authorities, committed out of selfish or other personal interest.