To the Question of Criminal Liability of Adoptive Parents for Failure to Fulfill the Duties of Raising a Minor

The foster family is of the utmost importance for the development of Russian society. This is because family relationships have the most effective influence on the process of formation and development of the child's personality. Despite the fact that the current Russian legislation defines in great detail the procedure for the creation and development of foster families, the specifics of obtaining the status of foster parents and the control and supervisory functions of guardianship and guardianship authorities over the functioning of foster families, in practice there are many cases of negative impact exerted by foster parents in respect of minors placed in their family for education. Such situations can not only harm the life and health of an adopted child, but also affect his worldview, opportunities for socialization and development. The compensatory nature of the considered legal relations, focused on the upbringing of the child, gives rise to significant risks and threats of the spread of criminal behavior among foster parents, which is expressed in the failure by these persons of their immediate duties, associated with child abuse. The purpose of the present study is to study the institution of criminal liability of adoptive parents for failure to fulfill the duties of raising a minor. The authors come to the conclusion that in the context of an increase in the number of foster families in the Russian Federation, there are significant risks of the spread of criminal behavior among foster parents. Attention is focused on certain law enforcement problems related to the effectiveness of the functioning of guardianship and guardianship authorities in the process of monitoring foster families, the solution of which will positively affect the provision of the rights and legitimate interests of foster children.