Open AccessTHE CONCEPT OF "BEST INTEREST OF THE CHILD" IN INTERNATIONAL
Author(s) -
В. В. Дорина
Publication year - 2021
Publication title -
vestnik polockogo gosudarstvennogo universiteta. seriâ d. èkonomičeskie i ûridičeskie nauki
Language(s) - English
Resource type - Journals
eISSN - 2710-1916
pISSN - 2070-1632
DOI - 10.52928/2070-1632-2021-56-5-113-119
Subject(s) - principle of legality , interpretation (philosophy) , national interest , legislation , legislature , law , political science , enforcement , special interest group , international law , law and economics , politics , sociology , computer science , programming language
The article examines the problem of defining the concept of "child's interest" in international and national law. Examples of different approaches to the definition of the "child's interest" in international acts, regulatory legal acts of the Republic of Belarus are given. The approaches of researchers to the question of defining the concept of "child's interest" are analyzed. It is concluded that, by defining the child's interest as the best, international law leaves freedom of interpretation to the law enforcement officer. In turn, in the national legislation, the child's interest is interpreted on the basis of the criterion of legality, which limits the interpretation of the "child's interest", does not meet modern conditions with rapidly developing social relations, which do not always have time to be reflected at the legislative level.