Could you explain the procedure for and effect of annulment under Russian legislation?

Pursuant to Article 69 of the Family Code of the RF (FC) one of the grounds for annulment is child neglect by the parents, inclusive of persistent neglect of payment of alimonies. In clause 9 of the Regulation dated May 27, 1998 No10 "On Application of Legislation by Courts When Deciding the Disputes Associated with Up-Bringing of Children", the Plenum of the Supreme Court of the Russian Federation clarified that child neglect by the parents may be manifested as absence of concern over moral and physical development, education and preparation for labor valuable to the community. Along with that, the court pointed out that annulment is a drastic measure. In exclusive cases if the parents' guilty behavior is proven, the court, proceeding from the nature of behavior, personality and other specific circumstances may not satisfy the lawsuit sounding in annulment and warn the respondent on the necessity to change his attitude to up-bringing of children, thereby entrusting control over the performance of their parental obligations to guardianship. Dismissing a claim sounding in annulment, subject to the circumstances set above, pursuant to article 73 the court may also decide the issue on taking away of the child from the parents and giving the same under guardianship, if the child's interests require doing so.

Pursuant to article 70 of FC annulment shall take place in court. The cases of annulment should be considered by the application of one of the parents (or persons who substitute them), a prosecutor, and also by applications from the bodies or establishments, which are responsible for protection of the rights of juvenile children (guardianship bodies, commission on juvenile cases, establishments for children-orphans and children who remained without the maintenance of parents, etc.)

Thus, although the child's relatives have no right to apply to the court independently with the lawsuit sounding in annulment, that does not prevent them approaching a prosecutor's office or guardianship bodies who are vested with the right to go to court with the relevant application. In clause 9 of the Regulation dated May 27, 1998 No 10 the Plenum of the Supreme Court of the Russian Federation pointed out the following persons, and namely, those who substitute the parents: the ones who are willing to execute adoption, guardians, curators, adopted parents shall be the parties under whose applications the court may consider the cases of annulment.

Pursuant to Article 117 of the Civil Procedural Code of the R.S.F.S.R. (CPC) the lawsuit shall be filed with the court at the place of residence of the respondent. In compliance with article 118 CPC the lawsuit against the defendant whose place of residence is unknown, may be brought at the place where his property is located or at the latest known place of his residence. The lawsuit against the defendant who has no place of residence in the U.S.S.R. may be brought at the place of location of his property or at the latest known address of his residence in the U.S.S.R.

The cases of annulment shall be considered with the participation of the prosecutor and a guardianship body. When deciding the case of annulment the court shall decide the issue of recovery of alimonies in favor of the child from the parents (one of them thereof) in respect of whom annulment was executed.

Effect of Annulment

The parents in respect of whom annulment is executed shall waive all their rights based on the fact of kinship with the child in respect of whom they have deprived of rights, including the right to get allowance for him and also the right to benefits and state allowances established for the citizens who have children. Annulment does not release the parents from the obligation to maintain the child. The issue of the further joint residence of the child and the parents (one of them thereof) whose rights are annulled shall be decided by the court in the manner established by the housing legislation. The child in respect of whom the parents (one of them thereof) lost their rights, shall retain the right to own residential premises or the right to use the residential premises, and also retain the property rights based on the fact of the kinship with the parents and other relatives, including the right to succeed.

If it is impossible to leave the child with another parent or should annulment take place in respect of both parents, the child shall be given guardianship. In clause 18 of the Regulation dated May 27, 1998 No 10 of the Plenum of the Supreme Court, it is stated that it should be determined under the judgment of the court to whom the child will be given for upbringing: to another parent, under guardianship or a guardian (curator), if the same has already been appointed in the established manner. If it is impossible to give the child to another parent or should annulment take place in respect of both parents, and the guardian (curator) has not yet been appointed, the child shall be given guardianship by the court. In such a case, one should know that the child may be given for upbringing to relatives and other persons only if such persons are appointed as his guardians (curators).

Adoption of the child, should annulment take place in respect of the parents (one of them thereof), shall be allowed for at least six months until the court makes a judgment resulting in annulment of the parental rights of both parents (one of them thereof).