Rus Articles Journal

The law of the city of Moscow N 87 About an order and the amount of payment of money on keeping of the children who are under guardianship (guardianship) of

the Present Law according to paragraph 5 of article 150 of the Family code of the Russian Federation establishes on December 15, 2004 an order and the amount of payment of money on keeping of the children who are under guardianship (guardianship) in the city of Moscow.

Chapter 1. General provisions

Article 1. Money on keeping of wards of children

to trustees (trustees) is monthly paid to
  1. On keeping of the children who are under guardianship (guardianship) whose residence is the city of Moscow money on food, acquisition of clothes, footwear, soft stock, objects of economic use, personal hygiene, games, toys, books proceeding from the established natural norms on the actual prices which developed in the city of Moscow.
  2. the norms of material security established by regulations of the Russian Federation and the city of Moscow for the children who are on full state providing in educational establishments, medical institutions, establishments of social protection of the population for children - orphans and children without parental support, and other similar establishments extend To the children who are under guardianship (guardianship) in families of citizens.

Article 2. Legal regulation of payment of money on keeping of wards of children

Payment of money on keeping of the children who are under guardianship (guardianship) is regulated by the Constitution of the Russian Federation, the Family code of the Russian Federation, the Charter of the city of Moscow, the Law of the city of Moscow of June 4, 1997 N 16 “About the organization of work on guardianship, guardianship and patronage in the city of Moscow“, the present Law and other regulations of the Russian Federation and the city of Moscow.

Article 3. The bases for appointment and payment of money on keeping of wards of children

Appointment and payment of money to keeping of the children who are under guardianship (guardianship) are made by
  1. in all cases of establishment of guardianship (guardianship) over children - orphans and children without parental support, except the cases specified in parts 2 and 3 of the present article.
  2. are not appointed and money on keeping of wards who from a permission and a consent of parents are under guardianship (guardianship) at the third parties is not paid, but at the same time is absent established by agencies of guardianship and guardianship of circumstance according to which implementation by parents of the parental rights and performance of parental responsibilities on education and keeping of children contradicts their rights and interests.
  3. are not appointed and money on keeping of the wards who are on full state providing in educational establishments, medical institutions, establishments of social protection of the population for children - orphans and children without parental support, and other similar establishments is not paid.

Article 4. The size of money on keeping of wards of children

  1. the Size of the money which is monthly paid on keeping of the children who are under guardianship (guardianship) is established by the Government of Moscow and there cannot be less than the size of a living wage for children in the city of Moscow.
  2. the Government of Moscow taking into account change of consumer prices of goods, services and food quarterly recalculates the size of the money necessary for keeping of wards.

Chapter 2. Order of appointment and payment of money to keeping of wards of children

Article 5. The bodies which are carrying out appointment and payment of money to keeping of wards of children

  1. Purpose of money to keeping of the children who are under guardianship (guardianship) is carried out by agencies of guardianship and guardianship.
  2. Payment of money on keeping of the children who are under guardianship (guardianship) is carried out by managements of social protection of the population of districts of the city of Moscow at the place of residence of the ward (further - managements of social protection).

Article 6. The request for purpose of money to keeping of wards of children

Money is appointed to keeping of the child who is under guardianship (guardianship) on the basis of the application which the trustee (trustee) submits to body of guardianship and guardianship at the place of residence of the ward. The following documents are enclosed to the application:

  1. copy of the identity document of the trustee (trustee);
  2. the copy of the decision of body of guardianship and guardianship on establishment over the child of guardianship (guardianship);
  3. copy of the birth certificate of the child;
  4. the reference from the residence of the child on his cohabitation with the trustee (trustee).

Article 7. The order of purpose of money to keeping of wards of children

Purpose of money to keeping of the child who is under guardianship (guardianship) is carried out by
  1. on the basis of the order of body of guardianship and guardianship.
  2. the Body of guardianship and guardianship in 30-days time from the date of filing of application by the trustee (trustee) publishes the order about appointment or about refusal in purpose of money to keeping of the ward and issues the copy of the order to the trustee (trustee).
  3. the Body of guardianship and guardianship in three-day time from the date of the edition of the order concerning purpose of money to keeping of the ward informs the trustee (trustee) on the made decision.
  4. the Order about purpose of money to keeping of the ward in three-day time from the date of its edition goes body of guardianship and guardianship to management of social protection.
  5. the Bases for refusal in purpose of money to keeping of the ward are:

    1. lack of the relations of guardianship (guardianship) between the applicant and child;
    2. of circumstance, established in parts 2 and 3 of article 3 of the present Law.
  1. Refusal in purpose of money to keeping of the ward can be appealed by the trustee (trustee) in court.
  2. the Body of guardianship and guardianship has the right to appoint by
  3. money to keeping of the ward on hand about establishment of guardianship (guardianship).

Article 8. Terms of payment of money on keeping of wards of children

  1. Money on keeping of the ward are paid to the trustee (trustee) from the date of the edition by body of guardianship and guardianship of the order about purpose of money to keeping of the ward with compensation to the trustee (trustee) of expenses on food, acquisition of clothes, footwear, soft stock, objects of economic use, personal hygiene, games, toys, books from the moment of emergence of the bases on their receiving, that is from the date of when the child was left without care of parents.
  2. If the bases for purpose of money to keeping of the ward arose after establishment of guardianship (guardianship), then they are paid to the trustee (trustee) from the date of the edition by body of guardianship and guardianship of the order about purpose of money to keeping of the ward with compensation to the trustee (trustee) of expenses for the period from the date of emergence of these bases.
  3. Money on keeping of the children who are under guardianship (guardianship) is appointed and paid by
  4. to trustees (trustees) before achievement of 18 years by wards of age, including a month of their birth, except cases which can cause the early termination of payments.

Article 9. The order of payment of money on keeping of wards of children

Payment of money on keeping of wards is made by
  1. to trustees (trustees) no later than the 20th day of the current month by transfer of money to the personal account of the trustee (trustee) opened in bank or through office of a mail service at the place of residence of the ward.
  2. the Appointed money on keeping of the ward which is in due time not received by the trustee (trustee) is paid to
  3. lately, but no more than for 3 years, in the sizes established by the Government of Moscow for the corresponding period.
  4. the Money on keeping of the ward which is not received in due time because of body of guardianship and guardianship and management of social protection is paid to
  5. without restriction of term of payment lately.
  6. At change of the residence of the ward in the city of Moscow payment of money on its contents is made to the trustee (trustee) by management of social protection at the new place of residence of the ward.
  7. If guardianship (guardianship) over the child whose residence is the city of Moscow is established to
  8. in other subject of the Russian Federation, payment of money on keeping of the child is made in the order and the size established by the present Law.
  9. If guardianship (guardianship) over the child is established to
  10. outside the Russian Federation, according to the Convention on legal aid and legal relations on civil, family and criminal cases of January 22, 1993, the bilateral agreements concluded by the Russian Federation, money on keeping of such ward which residence is the city of Moscow is paid in the order and the size established by the present Law.

Chapter 3. The termination of payment of money on keeping of wards of children

Article 10. The bases and an order of the termination of payment of money on keeping of wards of children

  1. Payment of money on keeping of the ward to the trustee (trustee) stops in the following cases:

    1. of achievement of majority by the ward;
    2. of adoption of the child;
    3. of the device of the ward on full state providing in educational establishment, medical institution, establishment of social protection of the population for children - orphans and children without parental support, or in other similar establishment;
    4. of transfer of the child to a foster home, family of the foster tutor, orphanage of family type;
    5. of the introduction of the ward in marriage;
    6. of the announcement of the minor completely capable (emancipated);
    7. of release, discharge of the trustee (trustee) from execution of the duties;
    8. of change of the residence of the ward on other subject of the Russian Federation;
    9. of recognition of the ward, the trustee (trustee) it is unknown absent or announcements their dead;
    10. of death of the trustee (trustee), ward;
    11. of return of the ward to parents (parent).
  1. Payment of money on keeping of the ward stops since the month following after a month in which there were circumstances specified regarding 1 present article.
  2. the Termination of payment of money on keeping of the ward is made by
  3. on the basis of the order of body of guardianship and guardianship which in three-day time goes to management of social protection.
  4. the Body of guardianship and guardianship from the date of the edition of the order about the termination of payment of money on keeping of the ward sends the copy of this order to three-day time to the trustee (trustee).
  5. the Body of guardianship and guardianship to the edition of the order about the termination of payment of money in connection with return of the ward to parents (parent) is obliged to check
  6. for keeping of the ward whether his return to parents (parent) is equitable to interests of the child. If return of the child to parents (parent) contradicts his interests, the trustee (trustee) is not exempted from execution of the duties and payment of money on keeping of the ward does not stop.
  7. in case of appointment to the child of the new trustee (trustee) payment of money on keeping of the ward to the previous trustee (trustee) stops, and to the new trustee (trustee) money is appointed to keeping of the ward since a month of the termination of their payment to the previous trustee (trustee). Appointment and payment of money to keeping of the ward to again appointed trustee (trustee) are made in the order established by chapter 2 of the present Law.
  8. the Trustee (trustee) is obliged to inform body of guardianship and guardianship and management of social protection at the place of residence of the child who is under guardianship (guardianship) in a month:

    1. about change of the residence of the ward;
    2. about the circumstances attracting the termination of payment of money on keeping of the ward.

Article 11. Deduction of excessively paid sums of money on keeping of wards of children

Excessively paid money on keeping of the ward is kept by
  1. from the trustee (trustee) in case the overpayment occurred because of the trustee (trustee).
  2. Deduction of money on keeping of the ward is made by
  3. of not over 20 percent of the sum which is due to the trustee (trustee) at each subsequent payment. At the payment termination the remained debt is collected from the trustee (trustee) in a judicial proceeding.
  4. to
  5. of the Sum of money on keeping of the ward, excessively paid to the trustee (trustee) because of body of guardianship and guardianship or management of social protection, to deduction are not subject, except for a case of a calculating mistake.

Chapter 4. Responsibility for non-compliance with requirements of the present law

Article 12. Responsibility for non-compliance with requirements of the present Law

Officials of agencies of guardianship and guardianship and managements of social protection because of whom payment of money on keeping of wards was not made in due time bear a disciplinary responsibility in accordance with the established procedure.

Article 13. The right for indemnification in connection with violation of the present Law

In cases of unreasonable refusal in purpose of money to keeping of wards, and also untimely payment of money to trustees (trustees), the damages which arose at them are paid according to the civil legislation of the Russian Federation.

Chapter 5. Final provisions

Article 14. Storage of documents to destination and payment of money on keeping of wards of children

Documents on the basis of which payment of money is appointed to keeping of wards are stored by

in agencies of guardianship and guardianship; their copies and documents on payment of money for keeping of wards are stored in managements of social protection.

Article 15. Financing of expenses on payment of money on keeping of wards of children

Financing of expenses on payment of money on keeping of the children who are under guardianship (guardianship) is the account obligation of the city of Moscow.

Article 16. Entry into force of the present Law

  1. the Present Law comes into force in 10 days after its official publication and extends to the legal relationship which arose since January 1, 2005.
  2. Trustees (trustees) which money was appointed to keeping of wards of children till January 1, 2005 keep the right for their receiving in the order and the size established by the present Law.