Showing posts with label Dima Yakovlev Law. Show all posts
Showing posts with label Dima Yakovlev Law. Show all posts

Wednesday, January 23, 2013

The Supreme Court of Russia Letter of Guidance on Adoptions Pending 30 Day Appeal Period

The Supreme Court of Russia Letter of 1/22/13
Deputy Chairman of the Supreme Court
January 22, 2013
No. 7-VS-224/13

To Chairmen of the Supreme Courts
of the subjects of the Federation,
City courts of Moscow and St. Petersburg,
Autonomous districts and autonomous oblast,
district (navy) courts

The judicial collegiums on administrative affairs and civil affairs have discussed the issue on the implementation by the courts of the Federal Law from February 28 2012, #272-FZ “On Measures for Persons who Violated the Human Rights and Liberties of the Citizen of Russia” that went into action from January 1, 2013. 


In connection with the above we give the following explanation.
 
The rights and obligations of the adoptee in the adoption cases start when the decision of the court enter into legal force, in accordance with point 3 of Article 125 of the Family Code of Russia and part 2 of Article 274 of the Russian Civil Procedure Code.
 
In accordance with these decisions of the courts that have been made before January 1, 2013 and have entered into legal force (including those who have entered into legal force after January 1, 2013), children should be given to their adopted parents.

V. I. Nechayev

(translated text as published by US Embassy, Moscow - Original Text in Russian available for download. http://moscow.usembassy.gov/adoptions-supreme-court.html)



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Saturday, December 22, 2012

PEAR’s Statement on Russia’s Potential Ban of Intercountry Adoption by United States Citizens

PEAR’s Statement on Russia’s Potential Ban of Intercountry Adoption by United States Citizens


On December 21, 2012, Russia’s legislature overwhelming supported the proposed Federal Law No 186614-6, also known as the Dima Yakovlev Law, which includes dissolving the current Bi-lateral Agreement on Adoption and bans the adoption of Russian children by US Citizens. The proposed Russian law contains other provisions that bar travel and the running of NGOs by US citizens. Dima Yakovlev Law was written in retaliatory response to the U.S. passage of the Sergei Magnitsky Rule of Law Accountability Act, which imposes sanctions against Russian officials perceived by the U.S. to be guilty of human rights violations in Russia.

We at PEAR are deeply concerned with the manipulation of children’s issues as a retaliatory weapon and wish to express our opposition to such practices. We understand the Russian government’s concern with the past death and abuse cases by American adoptive parents, and agree that much more should be done to vet adoption agencies, adoptive parents, and post-placement issues. However, the U.S. and Russian governments, with the assistance of numerous children’s rights and adoption advocacy organizations, spent years carefully crafting a bi-lateral agreement to expressly address those concerns and prevent further instances. This agreement was approved by both governments and came into force on November 1 of this year. The Dima Yakovlev Law is not a response to Russia’s concerns over the safety of its children--it is the misuse of a highly emotional children’s issue in attempt to manipulate the U.S. government.

At this point, the Dima Yakovlev Law will become the law of Russia upon the approval of the Federation Council and the signature of President Vladimir Putin. We call on both the Federal Council and President Putin to withhold approval and remove all adoption related provisions. Children should not be used as political pawns.

We suggest that U.S. citizens wishing to advocate for the continuation of adoption from Russia contact the Russian Embassy in Washington DC with your concerns as well your U.S. representatives and senators. In addition, you may wish to participate in a petition, authored by a U.S. citizen adopted from Russia, supporting the continuation of adoptions. That petition, entitled Voice of the Child, can be found here:  http://www.gopetition.com/petitions/voice-of-the-child.html.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/