NEED FOR SPECIALIZATION IN ADVOCACY IN DISPUTES AFFECTING THE RIGHTS AND INTERESTS OF CHILDREN

Abstract

The article provides a rationale for the need to introduce specialization in advocacy on disputes between parents about children. The article examines the norms of international and Russian legislation reflecting the attitude of states to the place of the child in a family dispute, as well as to the awareness of the legal, family, and individual needs of a minor in the event of a family conflict. The place of a lawyer in the exercise of the legal right to receive qualified legal assistance, its potential to protect similar interests of parents and children, to improve relations between them through a clear understanding of each other's true needs, as well as to find an optimal solution, is studied. Attention is drawn to the need for lawyers to have enhanced knowledge in the field of psychology (including child psychology), family conflict management, mediation, as well as certain human and professional qualities. In this regard, it is proposed to introduce additional requirements at the legislative level for lawyers planning to provide legal assistance in the field of family conflicts. An approximate range of disputes is outlined, which in the future will be dealt with by specialized lawyers. It is pointed out that there are gaps in the legislative regulation of the provision of legal assistance by a lawyer to a client, the need to centralize such assistance by developing a mechanism for restoring violated rights. The definition of mediation is given, its advantages are listed when it is applied to resolve family disputes, the positive aspects of the lawyer's activities as an intermediary in the family mediation procedure, as well as the shortcomings of the new draft law on mediation, are analyzed, the legal position of the Federal Chamber of Lawyers of the Russian Federation on this matter is analyzed, options for correcting identified shortcomings are suggested.

Keywords

lawyer; mediation; rights and interests of children; family disputes; specialization in advocacy, parents’ disputes about children

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About the Authors

Natalya A. Kozlova – Student in the Master’s programme, Faculty of Law, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia. e-mail: s233510@std.novsu.ru
Marina S. Trofimova – PhD in Law, Docent; Head of the Department of Civil Law and Procedure, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia. E-mail: Marina.Trofimova@novsu.ru. SPIN РИНЦ 7065-1903

For citation:
Kozlova N.A., Trofimova M.S. Need for Specialization in Advocacy in Disputes Affecting the Rights and Interests of Children // BENEFICIUM. 2020. No. 4 (37). pp. 65-72. (In Russ.). DOI: http://doi.org/10.34680/BENEFICIUM.2020.4(37).65-72