The problem of the uncertainty of the concept the immediacy of a threat to the child as a reason for his immediate removal

The article presents the results of research on such an important concept for the purposes of decision-making on removal of a child from the family as “immediacy of threat to life and health”. Russian legislation defines this concept as a criterion for assessing the complexity of the situation and taking measures to protect the minor. Despite the fact that the concept is included in the legal norms, it is not properly disclosed, the legislator has not indicated the signs indicating the immediacy and reality of the threat, as a result of which there are prerequisites for an expansive interpretation and, consequently, the emergence of law enforcement problems. The discretionary power of guardianship and custody bodies in assessing the situation, instead of a specific normatively defined concept, should also be considered as an imperfection of legal regulation, as an imperfection of the legislator’s legal technique, as a problem that is ultimately of an applied nature. It is necessary to develop the concept of immediacy of threat in modern conditions, when Russia is a state under the rule of law, when the system of protection of interests of citizens is consistently built. Only in the presence of the concept, the characteristics of which are established by the federal law, it is possible to establish legal relations in the framework of which no mistakes will be made, the legislation will not be interpreted expansively, and the risks of arbitrary violation of the rights of both the minor and his parents will be minimized. As a result of the conducted complex theoretical and legal analysis, the author’s conclusions are presented in the article on the possibility of improving the legal norms in the studied area, defining the concept of “immediate threat to the life and health of the child”, which allows to determine the directions of changes in the legislation.