Issues of Cooperation Between Russian Federation and European Union Member States in Frames of the 1980 Convention on the Civil Aspects of International Child Abduction
Abstract
The objective is to determine the perspectives of the cooperation of the Russian Federation and the European Union (EU) Member States in frames of the 1980 Convention on the Civil Aspects of International Child Abduction. The article used scientific approach that facilitates identification the main aspects and concepts of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the generalization and system-structural method and practiced special methods of science such as: legal and technical, historical and forecasting methods. The authors conclude that the acceptance of a third country’s accession to the 1980 Convention falls under the exclusive external competence of the EU, thus, the EU Member States are not competent to decide the issue of accepting of accession of third State. In this case in accordance with the EU Council decision of October 6, 2015 authorizing EU Member States to make a statement, in the interests of the EU, on the acceptance of accession of the Russian Federation, it is clear that the acceptance of accession of Russia to the 1980 Convention by EU Member States is not connected with their distrust of the legal system in Russia. Russia is steadily moving towards ensuring transparency in the implementation of the 1980 Convention in order to stimulate the Member States to accept Russia's accession to the 1980 Convention even more actively. Results of the research can be used in the further theoretical developments in the field of international human rights law and be applied by the competent Russian State authorities involved in the realization of the 1980 Convention on the Civil Aspects of International Child Abduction
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*** European Union Council Decision authorizing certain Member States to accept, in the interest of the European Union, the accession of the Russian Federation to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Brussels, 12104/15. 2015. Available at: http://data.consilium.europa.eu/doc/document/ST-12104-2015-INIT/en/pdf. (accessed 11/07/2016)
*** Information on ECSR state reporting procedures is available at: http://www.coe.int/t/dghl/monitoring/socialcharter/Reporting/StateReports/Reports_ en.asp (accessed 12/ 07/ 2016)
*** Official site of the Hague Conference on Private International Law. Available at: https://www.hcch.net/en/publications-and-studies/details4/?pid=6465&dtid=42 (accessed 1/07/2016).
*** Official text. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX: 32003R2201:EN:NOT (accessed: 10/07/ 2016)
*** Opinion 1/13 of the European Court of Justice (Grand Chamber). Unlike the Decision of the European Court of Justice, the Opinion of the European Court of Justice is not legally binding, 2014. Available at: http://curia.europa.eu/juris/document/document.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=158600&occ=first&dir=&cid=384546 (accessed 8/07/2016).
*** The 1980 Convention on the Civil Aspects of International Child Abduction. 2016, Scientific practical commentary. Executive editors: Trigubovich NV, Khazova OA. Moscow: STATUT. 317.
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