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Protection of children left without parental care is performed. In what cases are children considered orphans or left without parental care: concept, status and protection of rights

Orphans- persons under the age of 18 whose both or only parent have died. Children left without parental care, - persons under the age of 18 who were left without the care of a single or both parents due to the absence of parents or deprivation of their parental rights, restriction of their parental rights, recognition of parents as incapacitated and in other cases of recognizing a child left without parental care in accordance with the law okay.

Children who have lost one or both parents are entitled to receive an employment or social pension. Labor pensions are received by orphans whose deceased parents had insurance experience. Such a pension consists of two parts: a basic one, established in a fixed amount, and an insurance one, which is calculated based on the length of service and earnings of the deceased breadwinner. If the deceased breadwinner did not have insurance experience, then the children are assigned a social pension in connection with the death of the breadwinner.

According to the Federal Law "On State Pension Provision in the Russian Federation", orphans receive a social pension in case of loss of a breadwinner up to 18 years of age, the payment of pensions to orphans is extended provided that they study full-time in educational institutions of all types and types, regardless of their organizational - legal form (except for institutions of additional education) until they complete such training, but not longer than until they reach 23 years of age.

The general principles, content and measures of social support for orphans and children left without parental care, as well as benefits for children in this category are established in the Federal Law of December 21, 1996 N 159-FZ “On Additional Guarantees for the Social Protection of Orphans and children left without parental care

In accordance with this law, orphans and children left without parental care studying in state and municipal institutions of primary, secondary and higher vocational education are enrolled in full state support and additional social guarantees - until they graduate from educational institution (paragraph 3 of Article 6 of Federal Law N 159-FZ).

Those who have received basic general or secondary (complete) general education have the right to study at courses to prepare for admission to institutions of secondary and higher vocational education free of charge. They are enrolled in full state support until they graduate from this educational institution.

In addition to full state support, orphans and children left without parental care, as provided for in paragraph 5 of Article 6 of Federal Law N 159-FZ, are paid a scholarship, the amount of which increases by at least 50% compared to the scholarship for other students . They are also paid 100% of the wages accrued during the period of industrial training and industrial practice.

Orphans and children left without parental care are paid an annual allowance for the purchase of educational literature and stationery. The amount of such allowance is a three-month stipend (clause 6, article 6 of the Federal Law N 159-FZ). The allowance is paid within 30 days from the beginning of the academic year at the expense of funds allocated to educational institutions from the relevant budgets.

Upon graduation from these educational institutions, orphans and children left without parental care are provided with seasonal clothing and footwear. They also receive an allowance of at least 200 rubles. This is stated in paragraph 4 of Article 6 of the Federal Law N 159-FZ.

Graduates of all types of educational institutions from among orphans and children left without parental care, who come to these educational institutions during vacation time, weekends and holidays, by decision of the Council of the educational institution, can be credited for free meals and accommodation for the period of their stay in this educational institution.

In accordance with Article 8 of this law, graduates of federal state educational institutions from among orphans and children left without parental care at the expense of educational institutions of primary, secondary and higher vocational education are provided with clothes, shoes, soft furnishings and equipment in accordance with the standards approved the government of the Russian Federation, as well as a one-time cash benefit in the amount of at least 500 rubles.

At the request of graduates of educational institutions, they may be given monetary compensation in the amount necessary for their acquisition, or the indicated compensation may be transferred as a contribution in the name of the graduate to an institution of the Savings Bank of the Russian Federation.

When students from among orphans and children left without parental care are granted academic leave for medical reasons, they are retained for the entire period of full state support, they are paid a scholarship. The educational institution contributes to the organization of their treatment.

Orphans and children left without parental care studying in federal state educational institutions are provided with free travel in urban, suburban, rural areas on intra-district transport (except for taxis), as well as free travel once a year to the place of residence and back to the place of study.

Such children are provided with free medical care and surgical treatment in a state and municipal medical and preventive institution, including clinical examination, rehabilitation, and regular medical examinations. They can be provided with vouchers to school and student sports and recreation camps (bases) for labor and recreation, to sanatorium and resort institutions if there are medical indications, and they can also be paid for travel to and from the place of treatment.

Orphans and children left without parental care, as well as children under guardianship (trusteeship), who had fixed housing, retain the right to it for the entire period of stay in an educational institution, and those who do not have fixed housing, after the end of their stay in educational institution are provided by executive authorities at the place of residence out of turn with living space not below the established social norms.

When employed in an organization (even commercial ones), graduates of educational institutions from among orphans and children left without parental care are provided at the expense of this educational institution with clothes, shoes, soft furnishings and equipment. The norms for such provision were approved by the Decree of the Government of the Russian Federation of June 20, 1992 N 409 "On urgent measures for the social protection of orphans and children left without parental care." At the request of graduates, they can be given or transferred to the savings book monetary compensation in the amount necessary for the purchase of clothing, footwear, soft furnishings and equipment. Also, graduates are paid a one-time cash allowance in the amount of at least 500 rubles. This is stated in paragraph 8 of Article 6 of the Federal Law N 159-FZ.

In accordance with Article 9 of Federal Law No. 159, when orphans and children left without parental care, aged from fourteen to eighteen years old, contact them, the state employment service bodies carry out career guidance work with them and provide diagnostics of their professional suitability, taking into account health status. Persons seeking work for the first time and registered with the state employment service as unemployed are paid unemployment benefits for 6 months in the amount of the average wage prevailing in the republic, territory, region, cities of Moscow and St. district. Employers (their successors) are obliged to provide at their own expense the necessary vocational training for these persons, who are released from organizations due to their liquidation, reduction in the number or staff, with their subsequent employment in this or another organization.

Useful materials

Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for the social protection of orphans and children left without parental care"

YOU CAN BE USEFUL

A child may lose the closest people due to their premature departure from life.

However, with the growth of the welfare of society, the number of children deprived of family warmth with healthy parents increases.

Whatever the root of evil is, the child will not be alone with the problem. The issues of its development are taken over by the state.

Consider which children are classified as left without parental care whether this status differs from orphanhood, and what kind of support a small person can count on.

Status Features

From a legal point of view concepts orphanhood and lack of parental care differ:

Common situations social orphanhood when parents consciously relieve themselves of all responsibility for the child. These people may be socially and economically insecure or quite successful in life, but a child is always a hindrance to them. And then the parents:

  • refuse to take children from medical or educational institutions, issuing an official refusal. This can happen immediately after the birth of the baby or after some time;
  • simply "forget" about the children who are in such institutions without legal resignation from their parental responsibilities.

One more cause category When children are left without parental attention, it is associated with the degradation of the personality of the mother / father due to addiction to alcohol and psychoactive substances, an asocial lifestyle. Moreover, in this situation, parents are sometimes attached to the child in their own way, in rare moments of enlightenment, showing all possible care for the child. But this is an exception to the course of events. Usually, being in your own family is an emotional trauma and is simply dangerous for the baby.

Sometimes, in order to eliminate terminological confusion, underage orphans are also included in the category of children left without care. But in the future we will talk specifically about social orphanhood.

Legislative regulation of the issue

Careless mothers and fathers are condemned. But the state does not stand aside, providing support to children in difficult life situations.

Its principles govern:

  • Family Code of the Russian Federation;
  • Federal Law No. 159 of December 21, 1996 “On additional guarantees for orphans and children left without parental care”;
  • Federal Law No. 44 of April 16, 2001 “On the State Data Bank on Children Left Without Parental Care”.

In the event of the occurrence of these situations, the fate of the minor is authorized to decide guardianship authorities. Employees of the guardianship department of an abandoned child control supervised families, living conditions and education of minors in social institutions

How to apply for this status

Grounds for recognition a child who has lost custody is much more than the well-known deprivation of parents of their rights.

But in any case, the guardianship authorities are obliged to make a decision on the permanent arrangement for the residence and upbringing of a minor within one month from the moment such grounds are discovered.

What is it for

It is important to understand that this status must be formally assigned. And you need to do this:

  • firstly, for the applicant to receive measures of social support and benefits. This is a very long period of time until the child is 18 years old. There were cases when a person who had reached the age of majority, who was actually left without parents, could not receive it only because at one time the guardianship authorities did not properly formalize his status.
  • Secondly, the official status will protect the secondary orphan from material claims in the future by failed parents. Life is full of examples when an elderly alcoholic remembers the title of a parent after an adult child achieves significant success, and you can make good money at his expense.

How to assign a status

The state provides for a special algorithm for registering the status of a child left without parental care. To do this is somewhat more difficult than to recognize him as an orphan.

Here you have to prove termination legal dependence of the child on the parents (or connection with them). This function is entrusted to the judiciary.

The initiator of the procedure must submit to the meeting the documents:

  • decisions on detention, deprivation of liberty, as well as confirmation from the penitentiary institutions on serving a criminal sentence;
  • confirmation of the initial absence of parents - with dashes in the appropriate columns, statements of abandonment of the child, papers on the admission of foundlings and foundlings to a social institution;
  • a preliminary court decision to deprive the mother and / or father of parental rights;
  • certificates, extracts and other evidence of a serious illness of a parent with a restriction of his physical and / or legal capacity from health care institutions.

If necessary, other evidence permitted by law may be provided. For example, testimonies of witnesses and eyewitnesses, audio and video materials.

But who can act like appropriation initiator to a minor of the status of being left without parental attention and maintenance:

  • Of course, the state bodies of guardianship and guardianship;
  • Relatives, as well as employees of educational, medical and social institutions;
  • Upon reaching the age of 14, the child himself can petition (in writing) before guardianship for his own removal from the family, restriction of the rights of parents, etc. However, the state body decides on judicial consideration of the issue.

From the date of receipt of a message about inadequate living conditions of a minor, the guardianship authorities are obliged to check the place of residence of the child within 3 days.

Actions of state bodies

Further custody finds out the fact of the absence of guardianship of parents or relatives and, if the situation is confirmed:

  • measures are taken to protect the rights and interests (withdrawal from the family, temporary accommodation in a social hotel, orphanage, etc.);
  • information is sent to the executive authority of the subject for placement of data in the regional database of orphans.

At the same time, the issue of permanent placement of the child is being resolved, information about it is placed in the federal data bank of children without parental care (FZ 44).

local executive power within a month from the date of submission of data to the regional bank, it must take measures to place the minor in a family of citizens on the territory of its subject. If there is no suitable option, federal power structures are connected to the problem. They arrange the child in the care of families from other regions of Russia.

The actions of guardians, social workers. institutions

After assigning a status, these persons apply to the MFC or the FIU to apply for specific pensions, as well as open a personal bank account for the child.

You need to have a package of documents with you:

  • passport of a citizen of the Russian Federation, for an employee of the institution - a power of attorney to represent the interests of the child and the organization;
  • birth certificate of the ward;
  • documents confirming the privileged status.

The exact list of papers depends on the specific circumstances of social / biological orphanhood.

State support for this category of citizens

survivor's pension

It is necessary only in the event of the death of the parents or the recognition of their death / missing by the court.

It is paid until the child reaches the age of majority, while continuing education at the full-time department - up to 23 years.

Educational benefits

In-kind assistance and allowances are allocated for the purchase of school supplies, teaching aids, preparation for school. in the dining room for free.

Also free of charge, but the road will have to pay.

All additional courses are provided free of charge. Upon admission to universities, secondary schools, colleges for full-time departments, students without parents continue to receive assigned social benefits and payments.

If a student receives a scholarship, then the standard amount is increased by 50%, "lifting" is paid annually in three times.

Housing

Upon completion of training in a boarding school, an adult child claims his own square meters of living space.

But only if it matches conditions:

  • he does not have social housing or property in the property (for example, left after his parents);
  • relatives do not own the "extra" square on which they can register the child;
  • if the existing housing does not meet sanitary and other standards.

"Kommunalka" and housing and communal services

Condition for benefits, these are: full-time study at a school or vocational institution, as well as the availability of housing.

In this case, they are exempted from utility bills and for accommodation. Own housing? Then 100% discount. If the child lives in the guardian's apartment, the benefit applies to the norm of the area of ​​the guardian.

The medicine

In institutions of public health care, children left without parental care can count on for free help. If there are indications, preferential vouchers to sanatoriums, drug provision are required. When there is a disability, the list of preferences is wider depending on the group and disease.

Part of the aid comes from the federal budget. But in the past few years, there has been a noticeable trend towards the redistribution of most aid to the regional level. The subjects have their own programs to support this category of beneficiaries. You can learn about the full range of assistance measures at the MFC, pension offices and SZN bodies.

Social help

The state guarantees them increased legal protection which cover the main aspects of life:

  • housing issues;
  • receiving education at various levels;
  • labor guarantees;
  • medical service.

The government in every possible way encourages family custody of children without parents, establishing lump-sum and monthly allowances, benefits in kind also for guardians.

But cashing in on guardianship will not work: supervisory authorities control the quality of guardianship and “lead” the child almost to adulthood.

The rights of this category of citizens are described in the following video:

The Family Code provides for the following forms of placement of children left without parental care:

1. adoption (adoption),

2. guardianship (guardianship),

3. transfer to a foster family,

4. placement in institutions for orphans or children left without parental care of all types (for example, a family-type orphanage, medical institutions, social protection institutions, etc.).

1.atsonship (adoption) - this is a priority form of placement of children left without parental care for family upbringing.

Terms and conditions of adoption

At present, adoption is carried out only by the court (previously it was carried out by guardianship and guardianship authorities).

Only minor children left without parental care can be adopted as adoptees. When the child reaches the age of ten, his consent is required. adoption of brothers and sisters by different persons is generally not allowed.

One of the most important conditions for adoption is the consent of the persons specified in the law. Thus, for the adoption of a child, the consent of his parents is necessary, since adoption terminates the legal ties between them and the child.

Parental consent is not required if they (Article 130 of the RF IC):

Unknown

Declared incompetent by the court

Deprived by court of parental rights,

For reasons recognized by the court as disrespectful, they do not live together with the child for more than six months and evade his upbringing and maintenance.

at the same time, the same legal relations (including personal non-property and property relations) arise between the adoptive parents and adopted children as between parents and natural children by origin.

Cancellation of adoption

An adoption may be canceled by a court in the following cases:

Evasion of adoptive parents from fulfilling the duties of parents assigned to them,

Abuse of these rights

Abuse of adopted children

In this case, the consent of the child to cancel the adoption is not required.

2.Custody and guardianship of children

guardianship (guardianship )– a form of accommodation for children left without parental care for the purpose of their maintenance, upbringing and education, as well as the protection of their rights and interests. Over children under the age of 14 is established guardianship, aged 14 to 18 – guardianship.

The appointment of guardians and trustees is carried out by the guardianship and guardianship authorities at the place of residence of the child. requirements for guardians (custodians) are largely identical to the requirements for adoptive parents. Only fully capable persons of full age may be appointed guardians (custodians) of children. At the same time, their moral and other personal qualities, the ability to perform duties, the relationship between the guardian (trustee) and the child, the attitude of the family members of the guardian (trustee) towards the child, as well as the desire of the child himself are taken into account.

Persons deprived of parental rights, patients with chronic alcoholism or drug addiction, limited parental rights, former adoptive parents, if the adoption is canceled through their fault, as well as persons who, for health reasons, cannot fulfill the duties of raising a child, cannot be appointed guardians (trustees). .

Relatives and acquaintances who have adopted the child often act as guardians (custodians).

The rights and obligations of guardians (custodians) are in many respects similar to those of parents. In particular, guardians are obliged to take care of the maintenance, upbringing and education of the child, of his moral and physical development. Guardians make transactions on behalf of minors and carry out other necessary legal actions, trustees give consent to transactions that teenagers make on their own behalf.

The difference between guardianship and parental legal relations is that guardianship is carried out under the control of the body of guardianship and guardianship. In addition, the state pays monthly funds to the guardian (custodian) for the maintenance of the child.

Children under guardianship retain the right to receive alimony, pensions, allowances and other social payments, the right to own or use housing, the right to communicate with their relatives.

The grounds for termination of guardianship and guardianship are:

The achievement by the child of the age of 14 and 18, respectively, or his emancipation,

Death of a guardian (custodian) or ward,

Return of minor to parents

Adopting a ward or placing him in an appropriate children's institution,

Suspension of guardians (custodians), which is carried out in cases of improper performance of their duties. The consequence of this is the impossibility in the future to be an adoptive parent, guardian (trustee), foster parent.

3.foster family - relatively new institution in family law – is a kind of family-type orphanage, which includes some features of the institution of adoption and guardianship (guardianship). This form of raising children is common abroad. In Russia, by the beginning of the 21st century, there were about 1,000 foster families.

The legislation does not establish the minimum number of children that can be transferred to a foster family. The maximum number of adopted children, including relatives and adopted children, should not exceed eight. For the transfer to a foster family of a child who has reached the age of ten, his consent is required.

Adoptive parents are subject to the same restrictions as adoptive parents. Foster parents acquire the rights and obligations of a guardian (custodian) in relation to the adopted child. There are no alimony and inheritance legal relations between foster parents and foster children. Foster children retain the right to alimony received before being placed in a foster family, as well as inheritance rights in relation to relatives.

The main feature of the foster family is that it is formed on the basis of agreements on the transfer of a child to be raised in a family, which is between the body of guardianship and guardianship and adoptive parents. This agreement is legally contract for the provision of services(Article 783 of the Civil Code of the Russian Federation). The general provisions on contract, if it does not contradict the specifics of the subject of the contract for the provision of services.

The basis for the conclusion of the contract is the application of persons wishing to take the child for upbringing, which is submitted to the guardianship and guardianship authority at the place of residence of the child. The application shall be accompanied by the conclusion of the guardianship and guardianship authorities on the possibility of being foster parents, as well as relevant documents. The contract provides for the obligations of adoptive parents (raising a child, creating the necessary conditions for them to receive an education, caring for health, physical, mental, spiritual and moral development, ensuring the protection of the rights and interests of the child, etc.). The body of guardianship and guardianship undertakes to transfer monthly funds for the child and other payments, as well as to provide housing, furniture and other necessary things.

4. Family type orphanage– a form of educational institution that is intermediate between a foster family and an orphanage (boarding school). Its activities are regulated by Decree of the Government of the Russian Federation of March 19, 2001 No. 195 "On the family-type orphanage"). A family-type orphanage is organized on the basis of a family. The family must consist of spouses whose marriage is registered. To organize a family-type orphanage, the desire of both spouses to take up at least 5 and no more than 10 children is necessary, if the family has native or adopted children who have reached 10 years of age, then their consent is also necessary. The spouses are the organizers of a family-type orphanage.

The total number of children in a family-type orphanage, including natural and adopted (adopted) children, should not exceed 12 people.

A feature of this form is that the family-type orphanage is legal entity in the form of an educational institution(non-profit organization), the founders of which are the executive authorities of the subject of the Russian Federation or local governments.

Relations between the body of guardianship and guardianship and a family-type orphanage are determined treaty concluded between them, which unites a family-type orphanage with a foster family.

Unlike other forms of placement of children for upbringing, when creating a family-type orphanage, the organizers (spouses), in addition to the documents presented when adopting a child, must submit a document on education. When organizing an orphanage, preference is given to spouses who have experience in raising children, working in children's social, educational and medical institutions, who are adoptive parents or guardians (trustees).

Test questions:

1. Expand the content of the concept, subject, principles of family law.

2. What sources of family law are used in Russia?

3. Expand the content of the concept of marriage. Describe the legal conditions

marriage and the procedure for its conclusion.

4. Grounds for declaring a marriage invalid.

5. Expand the content of the legal mechanism for divorce in the registry office and

judicial order.

6. Describe the content of the rights and obligations of family members.

7. The concept of alimony obligation and the basis for its occurrence.

8. Describe the forms of placement of children left without parental care.

Characteristics of the fundamental rights of children left without parental support

Children who are left without parental care, both because of their death and in the event of deprivation of the last parental rights, need special support and care from the state. The rights of children and their protection are regulated by a mass of normative legal acts of not only national but also global significance.

Regulatory regulation

The basis of the legislative regulation of this aspect is the Convention on the Rights of the Child, adopted at the international level, which serves as the basis for other acts of lawmaking, the main purpose of which is the protection and protection of the rights and freedoms of citizens who have not reached the age of majority.
As for the normative regulation of the rights and interests of children left without parental care, it is carried out in accordance with the prescriptions of such legislative acts:
1. RF IC, in particular art. 155.3;
2. Decree of the Government of the Russian Federation No. 676, in paragraph 30 of which the rights of pupils of educational institutions are prescribed, in which minor citizens live, left without support for their mother and father;
3. Federal laws and regulations guaranteeing social support for orphans, as well as minors deprived of parental support.
The article presents information about the fundamental rights and freedoms of the category of children in question, contained in the above sources, as well as the conditions for their implementation and protection.
Grounds for granting a status that entitles its holder to social security
In accordance with the legislation, the category of persons having the status of children left without parental support, which gives the right to social security and the provision of other material and intangible benefits, includes:
. Minors who are left orphans as a result of the death of their mother or father, or both parents;
. Citizens under 18 whose parents are deprived of parental rights by a court decision;
. Children, in the event that their parents are limited in exercising their parental rights in accordance with a court order;
. Minors whose parents are recognized as incompetent;
. Persons under 18 years of age, if their parents are considered missing;
. Children whose parents have been convicted and are serving a sentence of deprivation of liberty for a certain period, as well as in the event that the latter has appointed such a measure of restraint as detention;
. Minor citizens, if their parents stay in specialized medical institutions;
. Minors, if their parents maliciously evade their material support and upbringing;
. Minors, if their parents refused to pick them up from medical, educational, and other social institutions;
. Citizens aged 18 to 23 who are left without parental care, in cases established by law.
Rights of children left without parental care
Tangible and intangible
Measures of social support for this category of children are aimed at the realization of their material and non-material rights and freedoms. Material benefits include the provision of housing, food, clothing, free travel in public transport, household items and education.
The list of intangible rights contains:
. The right to study for free;
. The right to work;
. housing rights;
. The right to free medical services;
. The right to rest;
. The right to develop abilities and interests.
Personal and property
Separately, it is possible to single out the personal and property rights that a child has left without parental support.
Property rights:
1. The right to social security;
2. The right to property that has become the property of a person on the basis of a donation agreement or by inheritance;
3. Housing law, which provides for the preservation of the right of ownership to the residential premises assigned to a minor, despite the fact that the child lives in a state social institution;
4. The right to receive housing out of turn, provided that there is no real estate owned by the person.
The personal rights that a child without parental care has include the right to:
. Communicate freely with mother and father, if any, as well as with close relatives;
. Express their own opinion when issues regarding the implementation of their interests are resolved, as well as protect their rights by legal means, including during court proceedings;
. To live together with the guardian and members of his family until the age of 16, after which separation is allowed, requiring prior approval from the guardianship and guardianship authorities;
. Demand respect for the honor and dignity of others.
Let us dwell on the basic rights of children left without parental care in more detail.
The right of minor children left without parental care to free general education and material support during education
The concept of obtaining general education at the expense of funds from the federal budget provides for:
. Free passage of preparatory courses by applicants before entering secondary educational institutions and universities on a budgetary basis. At the same time, the presence of a document confirming the receipt of basic or secondary education is mandatory (certificate, diploma);
. Free receipt of the second specialized education;
. Preservation of full social security, in particular the payment of scholarships, in the case of academic leave, if it is impossible to avoid separation from the educational process for medical reasons;
. Free travel for students in some types of public transport;
. Compensation for travel expenses to and from the place of study if the educational institution is located in another locality. Reimbursement is made once a year;
. Payment of a one-time cash allowance to graduates, as well as providing the latter with clothing and necessary equipment upon graduation. Compensation is made at the expense of the educational institution in which the graduate studied.
During training, the maintenance of children left without parental support, namely food, accommodation in a student hostel, as well as the provision of other material benefits associated with education, is carried out at the expense of the state.
The right to develop abilities and interests
The development of abilities and interests provides for the creation of the necessary conditions both for minors with developmental delays and for those who have shown outstanding talents. The implementation of this right is carried out in accordance with special programs developed for certain categories of children, taking into account their skills and abilities.
If a child needs correction of developmental problems, he is provided with the help of a qualified specialist, and further education is carried out according to a program aimed at advancing his abilities and contributing to progress.
The right of children to receive allowances, as well as other social benefits
A child deprived of parental care is entitled to the following payments and benefits:
1. Alimony. At the same time, the funds collected from the parents of children deprived of parental care are transferred to the account of the institution in which the child lives. One half of the money goes to the maintenance of the alimony recipient, and the second goes to his account opened with the Sberbank of the Russian Federation;
2. Retirement;
3. Social payments and benefits;
4. Preferential or free travel in some types of public transport.
The right to rest
The right to rest means the provision of free time for the child to spend leisure time in accordance with his interests and preferences. Also, the concept of a good rest includes the organization of free time for children during holidays and weekends.
The right to protect legitimate interests and rights
The law guarantees the right of minor children left without parental care to judicial protection of their violated interests and the provision of free legal assistance (legal advice, drafting a claim and other procedural documents, presentation in court).
Along with the ward whose interests have been violated, his legal representative, the prosecutor, as well as the representative of the guardianship and guardianship body, whose duties include protecting the rights and freedoms of orphans and minors left without parental support, have the right to apply to the court for restoration of justice.
Protection of the rights of minor children left without parental care
Security and protection is carried out in the following ways:
1. Protection of interests by a legal representative (guardian, trustee, educator);
2. Self-defense;
3. Representatives of guardianship and guardianship authorities;
4. Protection by the prosecutor.