Rus Articles Journal

The law of the city of Moscow of June 27, 2001 N33

“About modification and additions in the Law of the city of Moscow of June 4, 1997 N 16 “About the organization of work on guardianship and guardianship in the city of Moscow“

Article 1. About modification and additions in the Law

to Bring in the Law of the city of Moscow of June 4, 1997 N 16 “About the organization of work on guardianship and guardianship in the city of Moscow“ the following changes and additions:

1. To add article 1 with paragraphs sixteen, seventeen, eighteen and nineteen following contents:

“Patronage - the education and rendering the necessary help to the children needing the state protection which are carried out in forms of foster education or social patronage.

the Foster tutor - the full age capable person which is carrying out education and protection of the rights and legitimate interests of the child on the basis of the contract with authorized service (organization) for patronage on foster education or on social patronage.

Foster education - a form of the device of the child needing the state protection in a family of the foster tutor under an indispensable condition of differentiation of the rights and obligations for protection of legitimate interests of this child between parents (lawful representatives) of the child, authorized service (organization), the foster tutor.

Social patronage - rendering the necessary help by authorized service (organization) in education and protection of the rights of the child who is in a family, but recognized in accordance with the established procedure needing the state protection. “

2. Point 6. 4 articles 6: the paragraph of the second to add

3. To add article 6 with points 6. 5, 6. 6, 6. 7, 6. 8, 6. 9, 6. 10, 6. 11, 6. 12, 6. 13 following contents:

“6. 5. The basis for recognition of the child needing the state protection is lack of parental care over the child or the order of body of guardianship and guardianship about recognition of the child needing the state protection. The order according to which inspection of living conditions and education of the child is made for recognition by his person in need in the state protection, is approved by the Government of Moscow.

children treat number of the children needing the state protection:

the Child admits needing the state protection in case concerning both or the only parent, the lawful representative of the child body of guardianship and guardianship (the authorized service (organization) established the bases specified in the second paragraph of point 6. 5.

In exceptional cases, in the absence of the bases for recognition of the child needing the state protection, established by the first and second paragraphs of point 6. 5, the issue of reference of the child to category of the person in need in the state protection is resolved by the head Upravy as the head of body of guardianship and guardianship.

6. 6. The child needing the state protection can be transferred to education to a family of the foster tutor by authorized service (organization) for patronage on the basis of the contract on foster education.

the Child who reached age of ten years can be transferred to

to foster education only from its consent.

the Contract on foster education is signed by

between authorized service (organization) for patronage and the foster tutor, under an indispensable condition of differentiation of responsibility on protection of the rights and legitimate interests of this child between parents (lawful representatives of the child), the foster tutor, authorized service (organization) for patronage.

by

At the device of the child his ethnic origin, belonging to a certain religion and culture, the native language, a possibility of ensuring continuity in education and education have to be considered.

the Order of the organization of foster education of the children needing the state protection is established by the Government of Moscow.

6. 7. Over the child who is needing the state protection and being in a family social patronage can be established.

the Contract on social patronage is signed by

between authorized service (organization) for patronage, the foster tutor and parents under an indispensable condition of differentiation between them of the rights and obligations for protection of legitimate interests of this child.

the Order of the organization of social patronage over the children needing the state protection is established by the Government of Moscow.

6. 8. Patronage over the child can be carried out before achievement of 18 years by the minor of age.

the Term of patronage is established by

in the plan for protection of the rights of the child and the contract on foster education (social patronage) individually proceeding from specific needs of the minor.

Patronage over the child can be established by

:

the Placement of the child on long-term patronage is made by

in case it is not possible to transfer the child to adoption. By transfer on adoption of the child placed on foster education in a family, the privilege of adoption of this child is granted to the foster tutor in whose family the child is brought up.

in case of confiscation of the child at direct threat of his life and to health, it can be immediately temporarily arranged in a family of the foster tutor to the solution of a question of a further form of its device.

6. 9. Differentiation of the rights and obligations for protection of legitimate interests of the child needing the state protection is a distribution of the rights and obligations for lawful representation of its interests between parents (lawful representatives) of the child, authorized service (organization) for patronage, the foster tutor.

the Basis for differentiation of the rights and obligations for protection of legitimate interests of the child is the resolution (order) of the head Uprava on recognition of the child or other documents confirming lack of parental care over this child needing the state protection.

the child`s Device on patronage does not involve emergence between the foster tutor and the child transferred to patronage, the alimentary and hereditary legal relationship following from the legislation of the Russian Federation.

the Volume of powers of the foster tutor on lawful representation of interests of children according to articles 26, 28, 37 of the Civil code of the Russian Federation is established by

in the contract on foster education. At the same time cannot be assigned to the foster tutor: