The right of children to express their opinions when their parents live separately

Litigations related to the protection of children's rights in Russia, tend towards the increased number of disputes relating to the upbringing of children and reduced number of disputes concerning the termination of parental rights. Disputes concerning the procedures determining the communication of the child with parents or relatives are defined by Court as disputes related to the upbringing of children. It is noted that domestic legislation has recognized for a long time only positivist approaches to the determination of human rights, thus recognizing only those rights which were textually reflected in the normative legal acts. It seems natural and understandable that the child was not considered as the right-holder either by legislation or by the doctrine. The transition to a new economic system has changed the views on the rights and lead to transition from the dominance of positivism in law to recognition of natural inborn human rights [5]. A special place among the rights of the child normatively fixed in international and national acts - the UN Convention on the Rights of the Child [6] and the Family Code of the Russian Federation [7] (hereinafter - the RF IC) - is given to the child's right to express views and is recognized as a separate law (article 12 of the Convention, article 57 of the RF IC).