Постановление Европейского суда по правам человека от 08.01.2009 "Дело "XXXXX (XXXXX) против Российской Федерации" [рус., англ.]

concluded that the transfer had been fully justified and corresponded to the interests of the child.
53. By a judgment of 18 November 2004 the Pervomayskiy District Court revoked A.'s adoption and transferred custody rights to the local Custody and Guardianship Agency. It reasoned as follows:
"... On 6 May 2000 the Leninskiy District Court granted the applicants' request to adopt A. ... and ordered immediate execution of the decision. At that time the applicants already had two adoptive daughters: K., born on 28 May 1995, and P., born on 7 October 1999, who died following her adoption from a disease similar to that suffered by A. Furthermore, after A.'s adoption the applicants adopted another girl, S., in respect of whom the Prosecutor's Office also brought an action for revocation of the adoption order because the parents refused to allow her to receive necessary medical treatment. In addition to the adopted girls, the applicants have two biological sons: I., born on 22 July 1986, and K., born on 8 April 1985. Both have been convicted by the Leninskiy District Court and sentenced to 6 years' and 7 years' imprisonment respectively...
The family's living and financial conditions are satisfactory...
... The court has established that the parents initially contacted the Kirov Regional Children's Hospital on 2 October 2003 with complaints about A.'s deteriorating eyesight. On 9 October 2003 a medical board sent the parents and the girl to the Russian Children's Hospital in Moscow where, after examination, the parents were invited to hospitalise A. They declined to do so. On 22 October 2003 the parents were advised to place the child in the Kirov Regional Children's Hospital as a matter of urgency, which they did not agree to do until 23 October 2003.
The girl's condition deteriorated: convulsions, vomiting and a high temperature became more and more frequent; several life-threatening bouts of the disease occurred.
On the basis of the available witness testimonies by the medical staff, the court has established that E. prevented the medical staff from examining A. In particular, she prevented them from taking A.'s temperature, using a drip and catheters or giving her medicines. Despite the fact that the illness was atypical, the parents categorically refused to allow A. to be placed in the special care unit. Taking into account the special circumstances, namely the deaths of two previously adopted girls, this may amount to a deliberate failure to provide assistance to a child in a life-threatening situation.
[In these circumstances,] the hospital authorities were forced to apply to the head of the Kirov municipal education department for the child's emergency removal. A. was removed from her parents on 11 December 2003.
By a judgment of 24 January 2004, which was upheld on appeal, the Pervomayskiy District Court confirmed the emergency removal order and noted that the removal had taken place in a situation in which the child's life was endangered...
Under Article 77 of the Family Code, in the event of an imminent threat to a child's life or health, a custody and guardianship agency [("the Agency")] may immediately remove him or her from the parents or other persons having custody.
The Agency carries out the emergency removal on the basis of an order from the local authority.
The Agency has an obligation to inform a prosecutor immediately [of the measures taken], to provide for the child's provisional placement elsewhere and to lodge a court action for withdrawal or restriction of parental rights within the following seven days.
In accordance with the requirements of the law and having identified no grounds for restriction of parental rights [in the present case] under Article 73 of the Family Code, the prosecutor... brought court

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