PECULIARITIES OF BORDER CROSSING BY UNDERAGE CITIZENS OF RUSSIA: CONSTITUTIONAL AND LEGAL ASPECT

Abstract

The purpose of the study is to analyze the features of legal regulation and implementation practice of minor citizens’ departure outside the Russian Federation and their unimpeded return. The research methodology is based on a comprehensive analysis of legal regulation, practice of implementation and provisions of the doctrine regarding border crossing by minors. To summarize and formulate conclusions, dialectical methods of cognition were used, as well as the method of deduction, systemic and functional methods, which made it possible to conduct a multi-faceted study and formulate proposals for improving the legislation and the practice of its application during exit and entry of minors. The author analyzes the peculiarities of border crossing by minor citizens of Russia, the problems of establishing the identity of a minor and the persons accompanying him or her, as well as the procedure for crearing information about their relationship. The established judicial practice on appealing against restrictions for minors on traveling abroad is studied. The discussion of the problems of exit and entry of minors, carried out both accompanied by a legal representative and independently, allowed to identify imperfections in the legislation and practice of its implementation, as well as to propose constructive measures to eliminate them. In conclusion, the main proposals for eliminating the identified problems of legal regulation and law enforcement practice that arise when minors cross the border are formulated.