Rus Articles Journal

Maternity capital, dismissal, alimony... 5 questions to the lawyer of

Emergence in the child`s family are almost always followed by the solution of these or those legal issues. Whether all to future mothers need the birth certificate? Whether mother of three small children who is in a child care leave is a supporter? Whether it is necessary to dissolve a marriage to have the right for the alimony?

Ya late was registered in a maternity welfare unit. Often missed surveys - it was more convenient to me to make tests in clinic near work, but not to go through all city. The district doctor threatened that she will issue the birth certificate only on 40 - y to week, but not before an exit in the decree. She has the right to it?

Issue of the birth certificate depends not on the pregnancy time in which there was a registration in medical institution, and from duration of supervision over the pregnant woman. It has to make not less than 12 weeks according to item 8 “An order and terms of payment of services to the public and municipal authorities of health care on the medical care provided to women during the pregnancy and childbirth“ approved by the order № 5 Ministry of Health and Social Development of the Russian Federation from 10. 01. 2006

Most often the certificate is issued on the term of 30 weeks on condition of timely surveys, and in case of polycarpous pregnancy - in 28 weeks. In your situation the attending physician can not only issue the birth certificate on 40 - y to week of pregnancy, but also in general to refuse it if the term of continuous supervision in a maternity welfare unit is less than 12 weeks. If you are interested in obtaining the document, we recommend to visit regularly and in due time a maternity welfare unit.

Heard

that the maternity capital for the birth of the second child will be paid till 2016. I on hands already have a certificate. I have to manage to realize it until the end of the program?

you are right

, operation of the Federal law from 29. 12. 2006 № 256 - Federal Law “About additional measures of the state support of the families having children“ comes to an end on December 31, 2016. But at the child`s birth till the specified time it is possible to use a maternity capital during all life. In other words, circulation period in Pension Fund of the Russian Federation with the statement for the order in the cash allocated for support of families after the birth of the second child (the third or the subsequent), is not limited.

Ya on holiday on care of children. The daughter is five years old, to twins - by a year. The husband is wanted to be discharged from office. Whether actions of the employer are lawful if the husband the only supporter of a family with three small children?

According to provisions of St. 261 The labor code of the Russian Federation, is not allowed dismissal of the worker at the initiative of the employer if he is the only supporter of the child aged till three years or in the family which is bringing up three and more children who did not reach 14 years. But provided that other parent does not consist in the labor relations at this time. If you are in an official child care leave, and the employer keeps for you a position, it is considered that you consist in the labor relations. It means, unfortunately, that the employer of your husband has the right to dissolve with it the employment contract on the bases specified in Art. 81 of the Labor Code of the Russian Federation.

Besides, will lock on dismissal of the worker, the Labor Code of the Russian Federation provided by Art. 261, does not work if cancellation of the contract happens from - for liquidations of the enterprise or in the presence of guilty actions of the worker, the provided subitems 5 - 8, 10 or 11 p.1 of Art. 81 of the Labor Code of the Russian Federation.

We with the husband do not live together long ago, but we do not file for divorce. May I collect the alimony for keeping of the general child without divorce?

Alimentary obligations of members of the family of any relation to institute of divorce have no

. Collecting money can be made both after divorce, and in marriage. And even if marriage is not registered, but in the birth certificate the child`s father is specified.

you can make the agreement on payment of the alimony together with the husband and certify it in a notarial order, then it will be valid the court order.

If your husband refuses signing of such agreement, you have the right to collect from it means in a judicial proceeding. According to St. 107 The family code of the Russian Federation, the person having the right to the alimony can appeal to court with the statement for their collecting irrespective of the term which expired from the moment of emergence of the rights for the alimony if they were not paid earlier. The alimony is awarded from the date of an appeal to the court. If you prove that you undertook measures to receiving funds for contents earlier, but the spouse evaded from their payment, then they can be collected for last period within three years.

of my child in kindergarten other girl constantly offends. The daughter more than once came home with bruises and grazes. Tutors stay idle. Whom to address to settle the conflict?

Kindergarten, according to provisions of Art. 12 of the Act of the Russian Federation “About education“, - the preschool educational institution which is carrying out educational process and providing maintenance and education of children. He is obliged to create the conditions guaranteeing protection and strengthening of health of trained. His employees bear responsibility for life and health of children during their stay in kindergarten.

you have the right to address the head of a garden with the written complaint to inaction of tutors, having described in it the actual circumstances. On the second copy the head has to put the signature with the indication of a position, full name and date of receipt of the complaint. If he for any reasons refuses to adopt your statement, direct it by mail the registered mail with the assurance of receipt and the inventory of an investment.

If the situation with bruises and grazes repeats, you can prepare the repeated complaint to inaction of officials. We recommend to attach the reference from policlinic to it (vypisny epikriz) in which it will be specified the list of the mutilations put to the child, the copy of the document confirming training of the child in preschool institution, the copy of the written complaint addressed to the head of a kindergarten. You can personally present or send these papers by mail the registered mail with the assurance of receipt and the inventory of an investment to administration of the city, to the regional Ministry of Education, to city prosecutor`s office.