CHILD SUBSTITUTION AS A CRIME THAT INFRINGES ON A CHILD'S RIGHT TO LIVE AND BE RAISED IN A FAMILY

The article considers a child's guaranteed right to live and grow up in a family as his basic right, which is greatly damaged by the implementation of the crime, stipulated by article 136 of the Criminal Code of the Republic of Kazakhstan. The social danger of the crime in question lies in the fact that as a result of its commission the blood ties of kinship are forcibly severed, and the natural relations between parents and children are disturbed. A person's origins are falsified, distorted. The mental health and, consequently, the child's normal development, as well as the child's right to live and be brought up in a family, are particularly at risk when the substitution is detected. The article notes that the approach to the child, enshrined in chapter 10 of the Code on Marriage (Matrimony and Family), is consistent with the obligations undertaken by Kazakhstan to fully protect the rights and interests of the child. Chief among these is a child's right to live and be brought up in a family (whether natural or foster).