Youth and beauty 

The status of orphans, children left without parental care and persons from among orphans and children left without parental care. Federal law on additional guarantees for social support of orphans and children left without parental care

LAW
CITIES OF MOSCOW

ON THE ORGANIZATION OF GUARDIANS, GUARDIANS AND PATRONAGE
IN THE CITY OF MOSCOW

This Law regulates public relations in the field of organization and activities of guardianship, guardianship and patronage in the city of Moscow.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic concepts used in this Law

This Law uses the concepts used in federal legislation, as well as the following basic concepts:

1) authorized bodies in the field of organization and activities of guardianship, guardianship and patronage in the city of Moscow (hereinafter referred to as authorized bodies in the field of guardianship, guardianship and patronage) - executive bodies of the city of Moscow authorized by the Government of Moscow, performing within their competence in accordance with regulatory legal acts of the Moscow Government, powers in the field of guardianship, trusteeship and patronage, local self-government bodies of intracity municipalities in the city of Moscow (hereinafter referred to as local self-government bodies) exercising certain powers in the field of guardianship, guardianship and patronage in accordance with federal legislation, the laws of the city of Moscow, other legal acts of the city of Moscow;

2) authorized organizations - educational organizations, medical organizations, organizations providing social services, or other organizations (including organizations for orphans and children left without parental care), which, in accordance with federal legislation, may exercise certain powers in the field guardianship, guardianship and patronage, or can provide assistance to children in need of state assistance, their legal representatives, orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years old, families who have adopted a child (children) for upbringing;

3) foster care - a form of family placement of orphans and children left without parental care for the period established by the foster care agreement;

4) patronage - a form of assistance to an adult capable citizen who, for health reasons, is not able to independently exercise and defend his rights and fulfill his duties;

5) post-boarding patronage - a set of measures aimed at social adaptation of graduates of organizations for orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years;

6) plan for the protection of the rights of the child - a list of measures to ensure the rights and legitimate interests of an orphan child and a child left without parental care, a child in need of state assistance;

7) children in need of state assistance - children who have not yet lost parental care, who are in an environment that, through the actions or inaction of their parents (other legal representatives), threatens their life or health or prevents their normal upbringing and development;

8) social patronage - a set of measures aimed at promoting the normal upbringing and development of a child (children), maintaining parental care for him (them);

9) accompanying families who have adopted a child (children) for upbringing - professional advisory, legal, psychological, pedagogical, medical, social assistance to citizens who have adopted a child (children) for upbringing into a family.

Article 2. Legal basis for the organization and activities of authorized bodies in the field of guardianship, guardianship and patronage

Authorized bodies in the field of guardianship, guardianship and patronage are guided in their organization and activities by the Constitution of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow.

Article 3. The main tasks of the authorized bodies in the field of guardianship, guardianship and patronage

The main tasks of the authorized bodies in the field of guardianship, guardianship and patronage are:

1) implementation on the territory of the city of Moscow of the state policy to protect the rights and legitimate interests of minors, including orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years old, as well as adults recognized by the court as incapable or partially capable, and persons over whom patronage is established in the territory of the city of Moscow;

2) ensuring the protection of property and personal non-property rights and legitimate interests of citizens who need to establish guardianship or trusteeship over them, who are under guardianship or guardianship (including those transferred to foster care, foster care);

3) ensuring the priority of family forms of upbringing of orphans and children left without parental care;

4) ensuring supervision over the activities of guardians (trustees), foster parents, foster and post-boarding educators, as well as organizations for orphans and children left without parental care, and organizations in which incapacitated or incompletely capable citizens are placed;

5) ensuring the safety of the property of citizens specified in paragraph 2 of this article, and the management of this property;

6) ensuring control, within the powers granted by the legislation, over the maintenance, upbringing, education of orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years;

7) ensuring control, within the powers granted by the legislation, over the maintenance of persons recognized by a court decision as incapable or partially capable, and persons over whom patronage is established.

Article 4. Powers of authorized bodies in the field of guardianship, guardianship and patronage

1. The powers of the executive authorities of the city of Moscow authorized by the Government of Moscow in the field of guardianship, trusteeship and patronage are established by regulatory legal acts of the Government of Moscow.

2. Abolished. - Law of the city of Moscow dated 07.05.2014 N 27.

3. The powers to identify persons who need to establish guardianship (guardianship) over them, as well as to select and prepare citizens who have expressed a desire to become guardians (trustees) or to accept orphans and children left without parental care into a family for upbringing in other forms established by law may be carried out by organizations specified in part 4 of article 6 of the Federal Law of April 24, 2008 N 48-FZ "On guardianship and trusteeship", in the cases and procedure established by the Government of the Russian Federation.

4. In the cases and in the procedure established by federal legislation and the legislation of the city of Moscow, certain powers of the city of Moscow in the field of guardianship, trusteeship and patronage may be transferred to local governments.

Article 5. Acts of the authorized bodies in the field of guardianship, guardianship and patronage in relation to persons under guardianship (guardianship) and patronage

The authorized bodies in the field of guardianship, guardianship and patronage shall issue acts on the issues specified in Article 4 of this Law, and within the powers granted to them by federal legislation, the laws of the city of Moscow, and other legal acts of the city of Moscow.

Article 6. Coordination and methodological support of guardianship, guardianship and patronage activities

1. Abolished. - Law of the city of Moscow from 28.11.2012 N 60.

2. Coordination and methodological support of guardianship and guardianship activities in relation to minors, orphans and children left without parental care and persons from among them at the age of 18 to 23 years, as well as patronage in relation to adult capable persons who are due to their health condition, they cannot independently exercise their rights and obligations, is exercised by the executive body of the city of Moscow authorized by the Moscow Government.

3. Coordination and methodological support of guardianship and guardianship activities in relation to adults recognized by the court as incapacitated due to mental disorder, as well as those who are limited by the court due to abuse of alcoholic beverages or drugs, shall be carried out by the executive authority of the city of Moscow authorized by the Moscow Government.

4. Coordination and methodological support of the activities of organizations for orphans and children left without parental care is carried out by the executive authorities of the city of Moscow authorized by the Moscow Government, in whose departmental subordination these organizations are.

5. Coordination and methodological support of the activities of the organizations specified in part 3 of Article 4 and Article 9 of this Law shall be carried out by the executive authority of the city of Moscow authorized by the Moscow Government.

Article 7. Commissions for the protection of the rights and legal interests of wards

1. Under the authorized bodies in the field of guardianship, guardianship and patronage in the manner prescribed by the Moscow Government, commissions are formed to protect the rights and legitimate interests of the wards. The procedure for the formation of these commissions is determined by the regulation on the commission for the protection of the rights and legitimate interests of the wards.

2. The Commission for the Protection of the Rights and Legal Interests of the Wards shall carry out:

1) preparation of a draft plan for the protection of the rights of the child;

2) consideration of the results of planned and unscheduled inspections of the living conditions, upbringing and development of orphans and children left without parental care, children in need of state assistance;

3) consideration of the results of inspections of the living conditions of citizens recognized by the court as incapable or partially incapacitated;

4) consideration of other issues in the field of guardianship and guardianship and protection of the rights and legal interests of minors.

3. The decisions taken by the commission for the protection of the rights and legitimate interests of the wards are of a recommendatory nature.

4. The regulation on the commission for the protection of the rights and legitimate interests of the wards is approved by the Moscow Government.

Article 8. Plan for the protection of the rights of the child

1. The plan for the protection of the rights of the child is approved in accordance with the procedure established by the Government of Moscow, within 30 days from the date of identification of a child left without parental care, a child in need of state assistance.

2. The plan for the protection of the rights of the child determines the forms, terms and place of the child's placement (adoption (adoption), under guardianship (guardianship), into a foster family, foster care, and in the absence of such an opportunity in an organization for orphans and children, left without parental care, of all types).

3. The plan for the protection of the rights of the child determines the forms of protection of the rights of the child, the organization of legal, medical, social and psychological assistance, education, leisure, activities aimed at returning the child to the blood family, other activities provided for by federal legislation and legal acts of the city of Moscow, and also the timing of their implementation.

4. The plan for the protection of the rights of the child is drawn up taking into account the opinion of a child who has reached the age of 10 years.

5. The revision of the plan for the protection of the rights of the child is carried out in accordance with the procedure established by the Government of Moscow, at least once a year.

6. The legal representative of the child and (or) an authorized organization that accompanies the family that has adopted the child for upbringing has the right to initiate a revision of the plan to protect the rights of the child.

7. Control over the implementation of the plan to protect the rights of the child is carried out in accordance with the procedure established by the Moscow Government.

8. The regulations on the plan for the protection of the rights of the child are approved by the Moscow Government.

Article 9. Accompanying families who have adopted a child (children) for upbringing

1. Accompanying families who have adopted a child (children) for upbringing is carried out in accordance with the procedure established by the Moscow Government, on the basis of a family escort agreement.

2. An agreement on accompanying a family is concluded in accordance with the procedure established by the Government of Moscow, between the authorized body in the field of guardianship, guardianship and patronage, an authorized organization and legal representatives.

3. Accompanying families who have adopted a child (children) for upbringing involves the provision of professional advisory, legal, psychological, pedagogical, medical, social assistance provided by federal legislation and legal acts of the city of Moscow by authorized organizations.

4. The list of authorized organizations is formed in accordance with the procedure established by the Moscow Government, on the basis of applications submitted by the relevant authorized organizations wishing to accompany families who have adopted a child (children) for upbringing. The procedure for selecting authorized organizations is determined in the regulation on accompanying a family that has adopted a child (children) for upbringing.

5. The family that has adopted the child (children) for upbringing has the right to independently choose the authorized organizations that will provide her with accompaniment. The authorized body in the field of guardianship, guardianship and patronage located at the place of residence of the family that has adopted the child (children) for upbringing, in the manner prescribed by the Moscow Government, is obliged to provide it with information about authorized organizations.

6. Accompanying families who have adopted a child (children) for upbringing is carried out free of charge.

7. The regulation on accompanying a family that has adopted a child (children) for upbringing is approved by the Moscow Government.

Chapter 2. IMPLEMENTATION OF THE ACTIVITIES OF AUTHORIZED BODIES IN THE SPHERE OF GUARDIANSHIP, GUARDIANSHIP AND PATRONAGE

Article 10. Guardianship (guardianship)

Establishment of guardianship (guardianship) over minors and the implementation of supervision over the activities of guardians (trustees) are carried out in accordance with federal legislation.

Article 11. Foster family

1. The transfer of the child (children) to a foster family and control over the living conditions and upbringing of the child (children) in the foster family shall be carried out in accordance with federal legislation.

2. The approximate form of the agreement on the foster family is approved by the Moscow Government.

3. The child (children) and foster parent (foster parents) shall be provided with support for the period of validity of the foster family agreement.

4. An agreement on a foster family is concluded at the place of residence of the child (children) and the foster parent (foster parents).

5. The adoptive parent (adoptive parents) shall keep (keep) a written record of the expenditures of funds allocated for the maintenance of the child, and submit (submit) an appropriate report to the authorized body in the field of guardianship, guardianship and patronage at the place of residence within the period specified in a foster family agreement, in accordance with federal law.

Article 12. Foster care

1. A foster caregiver is a legal representative (an adult capable person), has all the rights and obligations of a guardian (trustee), including the right to dispose of the ward's property on his behalf (with the consent of the authorized body in the field of guardianship, guardianship and patronage), and acts on on the basis of an agreement on foster care.

2. Foster care is established in cases when other forms of placement of orphans and children left without parental care (adoption, guardianship, guardianship, foster family) cannot be applied.

3. Transfer to foster care of orphans and children left without the care of parents who are brothers and sisters to different foster carers is not allowed, unless such transfer is in the interests of the children.

4. A child who has reached the age of 10 is transferred to foster care only with his consent. Termination of foster care is carried out taking into account the opinion of a child who has reached the age of 10 years.

5. Persons wishing to take an orphan child, a child left without parental care, for foster care, are subject to the requirements established by federal legislation in relation to guardians (trustees).

6. The norms of material support and social guarantees established by federal legislation and the legislation of the city of Moscow for orphans and children left without parental care, placed under guardianship (guardianship), apply to children transferred to foster care.

7. Foster education is carried out on the basis of an agreement on foster education, concluded in accordance with Article 13 of this Law.

8. Control over the living conditions and upbringing of children transferred to foster care is carried out in accordance with the procedure established by the Moscow Government.

9. If the relatives refuse to adopt (adopt), in the absence of relatives, as well as in the presence of other circumstances established by federal legislation that prevent the adoption (adoption) by the relatives of the child transferred to foster care, the priority right of adoption (adoption) is granted to the foster caregiver, in whom a child is being brought up.

Article 13. Contract on foster care

1. The grounds for concluding an agreement on foster care are issued in the manner established by the Government of Moscow, the conclusion of an authorized body in the field of guardianship, trusteeship and patronage on the possibility of foster education by a citizen who has expressed a desire to become a foster caregiver, a document on the training of a citizen who has expressed a desire to become foster caregiver, an act of the authorized body in the field of guardianship, guardianship and patronage, adopted at the place of residence of an orphan child, a child left without parental care.

2. An agreement on foster care is concluded in accordance with the procedure established by the Government of Moscow between the authorized body in the field of guardianship, guardianship and patronage, a foster caregiver and an organization for foster education at the place of residence of an orphan child, a child left without parental care, for a period of at least three months and no more than one year. In the interests of a child transferred to foster care, an extension of the foster care agreement is allowed.

3. An agreement on foster care must provide for the conditions for the maintenance, upbringing and education of an orphan child, a child left without parental care, measures to protect his rights and legitimate interests, the rights and obligations of the parties.

4. The regulations on the organization of foster care and the approximate form of the contract on foster care are approved by the Moscow Government.

5. The authorized body in the field of guardianship, guardianship and patronage at the place of residence of a child transferred to foster care, within three days in accordance with the procedure established by the Government of Moscow, is obliged to inform the regional operator of the state databank about children left without parental care, about the placement of this child for upbringing in a family in order to stop recording information about him in the state databank of children left without parental care, in accordance with federal legislation.

6. The foster care provider shall keep records of the expenditures of funds allocated for the maintenance of the child transferred to foster care. Information on the funds spent is submitted in writing once every three months to the authorized body in the field of guardianship, guardianship and patronage, unless otherwise specified in the foster care agreement.

7. The child placed in foster care and the foster care provider shall be accompanied by authorized organizations.

Article 14. Identification and registration of orphans and children left without parental care

1. The identification of orphans and children left without parental care is carried out in accordance with the procedure established by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage in accordance with federal legislation.

2. The primary registration of orphans and children left without parental care is carried out in the manner prescribed by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage at the place of their actual location.

3. Registration of orphans and children left without parental care who are subject to foster care in a family is carried out in accordance with the procedure established by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage in the regional databank of children left without parental care.

4. Information constituting the accounting data for orphans and children left without parental care is confidential and can be used in the manner established by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage only for the purpose of protecting their rights and legitimate interests ...

Article 15. Registration of citizens who are under guardianship (guardianship) and over whom patronage is established

1. Registration of citizens who are under guardianship (guardianship) and over whom patronage is established is carried out in the manner established by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage at their place of residence.

2. Information constituting the accounting data of citizens specified in part 1 of this article is confidential and can be used in the manner prescribed by the Moscow Government, an authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.

Article 16. Registration of children in need of state assistance

1. Registration of children in need of state assistance is carried out in accordance with the procedure established by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage at their place of residence. The procedure for registering children in need of state assistance is determined in the regulation on the organization of social patronage.

2. Information constituting the registration data of children specified in part 1 of this article is confidential and can be used in the manner prescribed by the Moscow Government, an authorized body in the field of guardianship, guardianship and patronage only for the purpose of protecting their rights and legitimate interests.

Article 17. Post-boarding patronage

1. Post-boarding patronage is established over orphans and children left without parental care, after the end of their stay in organizations for orphans and children left without parental care, and persons from among orphans and children left without parental care, at the age of 18 to 23 years on the basis of an agreement on post-boarding patronage, concluded in accordance with this article.

2. A post-boarding educator may be an adult capable person. The post-boarding educator accompanies graduates of organizations for orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23, on the basis of an agreement on post-boarding patronage.

3. Post-boarding patronage is carried out on a gratuitous basis by an organization for orphans and children left without parental care, and (or) a post-boarding educator.

4. An agreement on post-boarding patronage in respect of an orphan child, a child left without parental care is concluded in the manner established by the Moscow Government between the authorized body in the field of guardianship, guardianship and patronage, an authorized organization for orphans and children left without care parents, a graduate of this organization and (or) a post-boarding educator.

5. An agreement on post-boarding patronage in respect of a person from among orphans and children left without parental care, aged 18 to 23 years, is concluded in the manner prescribed by the Moscow Government between the authorized body in the field of guardianship, guardianship and patronage, an organization for orphans and children left without parental care, or by an authorized organization and (or) post-boarding educator and the specified person. A person from among orphans and children left without parental care, aged 18 to 23, may initiate the conclusion of an agreement on post-boarding patronage.

6. Post-boarding patronage is carried out in the form of a visit by a post-boarding educator to a person in respect of whom post-boarding patronage is established, in order to educate and support him.

7. As a rule, no more than three pupils can be assigned to a post-boarding teacher. This limitation does not apply in the case of establishing post-boarding foster care for children who are brothers and sisters.

8. Post-boarding patronage is not established in relation to orphans and children left without parental care, who are under guardianship (guardianship), in a foster family.

9. The regulations on the organization of post-boarding patronage and the approximate form of the agreement on post-boarding patronage are approved by the Moscow Government.

10. Control over the implementation of post-boarding patronage is entrusted to the authorized body in the field of guardianship, trusteeship and patronage in the manner established by the Moscow Government.

Article 18. Social patronage

1. Social patronage is established over children in need of state assistance.

2. Social patronage is carried out by an authorized organization free of charge.

3. An agreement on social patronage is concluded in accordance with the procedure established by the Moscow Government between the authorized body in the field of guardianship, guardianship and patronage, an authorized organization and the legal representative (legal representatives) of the child (children).

4. The regulations on the organization of social patronage and the approximate form of the agreement on social patronage are approved by the Moscow Government.

5. Control over the implementation of social patronage is imposed in the manner prescribed by the Moscow Government on the authorized body in the field of guardianship, trusteeship and patronage.

Article 19. Patronage of adult capable citizens

Establishment of patronage over an adult capable citizen who, due to health reasons, is not able to independently exercise and protect his rights and fulfill his duties, and the implementation of control over the fulfillment of his duties by an assistant of an adult capable citizen, shall be carried out in accordance with federal legislation.

Article 20. Types of state support for foster families and families who have adopted children for foster care

1. State support for foster families and families who have adopted children for foster care is carried out in the manner established by the Moscow Government, in the form of:

1) monthly payment of remuneration to the adoptive parent (adoptive parents), foster caregiver in accordance with Article 21 of this Law;

2) monthly payment of funds for the maintenance of children transferred to a foster family, for foster care, in accordance with the legislation of the city of Moscow;

3) the annual provision of children transferred to a foster family for foster care, with vacation vouchers purchased at the expense of the budget of the city of Moscow;

4) the allocation of vouchers once every two years for the rest of children transferred to a foster family, for foster care, accompanied by a foster parent or foster caregiver.

2. The foster parent (adoptive parents), in whose family (of whom) three or more children are being brought up (taken into foster care), and the foster caregiver with whom three children are brought up (taken into foster care), are subject to the following benefits:

1) free travel on public transport (except for taxis and fixed-route taxis);

2) reimbursement of the costs of paying for the telephone in the living quarters in which the children who are transferred to the foster family live for foster care (with the exception of long-distance and international communication services);

3) reimbursement of expenses for payment for the living quarters in which the children, who were transferred to a foster family, for foster care, and utilities actually live.

Article 21. Amount of monthly remuneration paid to foster parents, foster carers

1. The monthly remuneration paid to a foster parent or foster caregiver for one child transferred to a foster family or foster care is set at 15,155 rubles.

2. The remuneration for the adoptive parent (adoptive parents), foster caregiver is subject to indexation in the manner and terms established by the Moscow Government.

3. Monthly remuneration is paid to one foster parent for the upbringing of each child in the event that one child or two children are placed into upbringing. In the event that three or more children are placed in foster care, a monthly remuneration is paid to each foster parent for the upbringing of each child in the amount specified in part 1 of this article.

4. For the upbringing of a disabled child adopted into a foster family or foster care, the amount of the monthly remuneration provided for in part 1 of this article shall be increased by 70 percent.

5. The foster parent (foster parent) and foster carer's right to monthly remuneration arises from the moment of the conclusion of the agreement on the foster family, foster care, respectively.

6. The procedure for paying monthly remuneration to a foster parent (foster parents), foster caregiver is established by the Moscow Government.

Article 22. Supervision over the activities of guardians (trustees), foster parents, foster carers, control over the living conditions and upbringing of an adopted child

1. Supervision over the activities of guardians (trustees), foster parents, foster carers is carried out at the place of residence of the child placed in foster care, in accordance with federal legislation, this Law and the legislation of the city of Moscow.

2. Control over the living conditions and upbringing of an adopted child from among orphans and children left without parental care is carried out until he reaches the age of 18 at the place of residence in the event of a monthly compensation payment to the persons who adopted him in the city of Moscow.

3. The procedure for registering citizens of the Russian Federation residing in the city of Moscow, suspended from the duties of a guardian (curator), foster parent, foster caregiver and adoptive parent, in respect of whom a court decision has been made to revoke adoption, is established by the Government of Moscow.

Chapter 3. FINAL PROVISIONS

Article 23. Financing the costs associated with the implementation of this Law

Financing the costs associated with the implementation of this Law is an expenditure obligation of the city of Moscow.

Article 24. Responsibility for failure to comply with this Law

1. For failure to comply with this Law, officials of the authorized bodies in the field of guardianship, trusteeship and patronage are liable in accordance with federal legislation and the legislation of the city of Moscow.

2. Guardians (curators), foster parents, foster carers for violation of this Law shall bear administrative responsibility in accordance with the legislation of the city of Moscow.

Article 25. Entry into force of this Law

1. This Law shall enter into force upon the expiration of one month from the date of its official publication.

2. To declare invalid:

1) Law of the city of Moscow of June 4, 1997 N 16 "On the organization of work on guardianship, guardianship and patronage in the city of Moscow";

2) Law of the city of Moscow of June 27, 2001 N 33 "On amendments and additions to the Law of the city of Moscow of June 4, 1997 N 16" On the organization of work on guardianship and trusteeship in the city of Moscow ";

3) Law of the city of Moscow of September 29, 2004 N 59 "On amendments and additions to the Law of the city of Moscow of June 4, 1997 N 16" On the organization of work on guardianship, guardianship and patronage in the city of Moscow. "

3. Legal acts of the city of Moscow in the field of organizing guardianship, guardianship and patronage activities must be brought into line with this Law within six months from the date of its entry into force.

Mayor of moscow
Yu.M. Luzhkov

Moscow, Moscow City Duma

The state is obliged to provide its citizens with social guarantees. This is the main purpose of its creation and existence. First of all, this circumstance manifests itself when it comes to the most unprotected. And these include children who, due to various circumstances, were left without parental care.

One of the most difficult problems for young citizens of this category is finding their own home. Will apartments for orphans be allocated in 2020, how to get it for a young person of this category, more on that later in the article.

Definition of an orphan

People find themselves in different situations. Therefore, we will give a definition of the concept of an orphan as it is interpreted by the current legislation. This category includes small citizens who have not celebrated their 18th birthday, in whom both or a single parent have died. There is also the concept of children left without parental care - these are persons under the age of 18 who were left without parental care due to:

  • deprivation of parental rights;
  • restriction in parental rights;
  • recognition of parents as missing;
  • recognition of parents as incapacitated (partially incapacitated);
  • the declaration of the parents as deceased;
  • establishment by the court of the fact of loss of parental care by the person;
  • by the parents serving their sentences in institutions executing a sentence of imprisonment;
  • the presence in places of detention of suspects or accused of committing a crime;
  • evasion of parents from raising their children or from protecting their rights and interests;
  • refusal of parents to take their children from educational, medical, social organizations;
  • if the only parent or both parents are unknown;
  • in other cases.

The child is assigned an official status:

  • orphans;
  • a child left without parental care.

This work is carried out by the state guardianship bodies of the local administration. Only after recognizing the status and receiving the corresponding document can a small citizen of a large country count on state support, including housing for orphans.

Important: two circumstances matter for the assignment of a category:

  • the inability to receive care and material support from parents for the indicated reasons (or others - it is decided on an individual basis);
  • failure to reach the age limit (18 years).

Basic laws and the need to change them


The legislative acts on which the specialists rely when solving the issue are as follows:

  1. Federal Law No. 159-FZ “On Additional Guarantees for Social Support of Orphans and Children Left Without Parental Care”. Date of adoption - 12/21/1996 (last change from 12/31/2014).
  2. Decree of the Government of the Russian Federation of 04.04.2019 No. 397 "On the formation of a list of orphans and children left without parental care ...".

Previously, the rules for providing orphans and equated square meters looked like this:

  • they were not put in a queue, but were immediately given the premises that the municipality had;
  • no specific proceedings were conducted over rights;
  • if before the 23rd birthday the orphan was not provided with residential meters, he is removed from the register;
  • the living space was formalized in the order of social hiring.

In the course of the proceedings in various situations, it was found that such rules open up opportunities for fraud. In particular, young people who received "free" living space:

  • sold it, seduced by something less valuable, but at the moment desired;
  • transferred to fraudsters under the influence of their pressure.
Download for viewing and printing: Important: the changes adopted in 2014 prevented the possibility of fraud in relation to the apartments of young orphans.

Who is entitled to housing from the state

According to the legislation in force in 2020, municipalities provide housing for orphans and citizens deprived of parental care. They are supposed to issue apartments from the social fund, if any.

Important: the living space of an orphan can be replaced with a certificate for earmarked funds. They are allowed to spend only on the purchase of housing.

The very mechanism of providing houses for citizens of this category has undergone major changes. They touched upon almost all aspects of the issue, except for the main one - the recipient of state aid.

Age restrictions

In 2020, housing will be provided for young people who meet the following criteria:

  • has the status of an orphan or a child deprived of parental care;
  • the age of a citizen must be in the range of 18, but it is possible to get housing earlier;
  • this person officially announced that he needed state support to solve the housing problem.

Each of the criteria is equally important. If you do not comply with at least one, then the state will absolve itself of responsibility for where the orphan will live. Moreover, this will turn out to be a completely legal act.

An orphan standing in line for an apartment remains there until the full realization of his right to state support. Even after it celebrates its 23rd birthday. He can be removed from the queue only after:

  • the provision of residential premises for ownership or under a social rental agreement;
  • loss of the basis for the provision of comfortable living quarters;
  • inclusion in the list in another constituent entity of the Russian Federation due to relocation;
  • termination of citizenship;
  • death or declaration of the deceased.

Property criteria


The next gap, corrected by the legislator, is related to property law. As of the date of the adoption of this act (1996), this institution in the Russian Federation had not yet been developed, therefore it was not taken into account in the old version of the law. Now the fraud hole has been fixed. Before giving an orphan housing, his other property rights are carefully checked.

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The beneficiary must meet the following criteria:

  • not be a tenant of residential premises under social tenancy agreements;
  • not be the owner of the dwelling;
  • recognition of the impossibility of living in occupied residential premises under a social tenancy agreement or by right of ownership. This includes the following circumstances:
  • residence in such premises on a legal basis of persons deprived of parental rights in relation to such children;
  • living in such premises of persons suffering from a severe form of chronic disease, in which cohabitation with him is impossible.
  • the dwelling was declared unsuitable for living;
  • the area of ​​a dwelling per person living in it is less than the accounting norm. The accounting rate is calculated taking into account the entry into the premises of the beneficiary;
  • other circumstances that may be established by the law of a constituent entity of the Russian Federation.
Important: each of the listed circumstances is documented. It is not enough to simply declare it.

How the provision of housing is implemented in practice


The housing issue of citizens of this category begins to be solved under the condition:

  • reaching their 18th birthday;
  • at the end of their stay in educational institutions, social service organizations, medical organizations, and other organizations;
  • after completing vocational education, vocational training;
  • after completing military service by conscription;
  • after the end of serving a sentence in correctional institutions;
  • recognition by law as fully capable before the age of majority (a rare case).
Attention: it is strictly forbidden to give citizens of this category a room in a communal apartment. Accommodation must be separate.

The procedure for transferring housing has been improved so that it cannot be transferred to other hands (including to fraudsters). The process now looks like this:

  1. According to the amendments, falling under all the criteria, a young citizen is provided with an apartment (house) under a lease agreement.
  2. This document has a limited validity period: exactly five years.
  3. After the expiry of the specified period, the lease contract can be concluded for a five-year period again an unlimited number of times. Such a procedure is established in case of revealing circumstances indicating the need to provide assistance in overcoming a difficult life situation. The procedure for identifying such circumstances is established by the law of the subject of the Russian Federation.
  4. At the end of the contract and in the absence of circumstances indicating the need to assist in overcoming a difficult life situation, the housing goes into the owner's unlimited use.
Important: The right to the provision of living quarters remains for persons who belonged to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23, until the actual provision of them living quarters.

Application and documents


Due to the fact that providing orphans with apartments and other separate housing falls within the competence of the regions, they themselves develop a procedure for working with this category of citizens. In particular, they entrust work in this direction to various departments. As a rule, it is dealt with by the guardianship and guardianship authority.

You need to submit an application to the government agency. As a rule, they are added to the list of those in need of housing upon reaching the age of 14, but if this has not been done, the queuing can be carried out even after reaching the age of 18. The application can be submitted by the legal representative of such a child, the guardianship authorities, if the legal representatives improperly perform their duties or the beneficiary on their own.

You should go to the administration with the following documents (and copies):

  • statement;
  • passport of a citizen of the Russian Federation (also copy the page with registration);
  • birth certificate;
  • social rental agreement for residential premises or other documents confirming the right to use residential premises on the terms of social employment (if any);
  • a document confirming the powers of the legal representative;
  • power of attorney of the applicant's representative;
  • documents confirming the impossibility of living in a previously occupied dwelling. Such evidence must be drawn up in the manner prescribed by law;
  • a document confirming the loss (absence) of parental care (single parent).

The above is the main package. Some regions may require additional documents. It depends on the established rules. In addition, federal legislation does not say anything about the application form, but a list of information has been approved that should be reflected in it. In principle, it can be composed at your own discretion. However, the region can develop its own form for this document. It is advisable to check with the administration specialist about this.

Important: when visiting the administration, be sure to have all the originals of the papers with you.

Since January 2019, these applications can be submitted not only by orphans themselves, but also by their legal representatives. If, after 3 months from the moment the orphan child is 14 years old, the latter do not do this, such a right arises from the guardianship authorities.

About the queue for orphans


Registration of all children in this category is carried out by state guardianship and trusteeship agencies. In particular, civil servants carefully monitor the observance of the housing rights of orphans. Those who need apartments are queued up. It is formed on the basis of data on the date of birth of orphans registered by the relevant authority.

When a young person initiates the issuance of housing, he gets into the queue at the place where the specialist of the guardianship and guardianship authority put him. He will receive an apartment immediately after the requirements of the citizens registered in front of him are met.

Important: changes in the law canceled the extraordinary issue of living space to orphans. Now their requirements are met depending on the capabilities of the municipalities.

Since January 2019, the procedure for registering orphans in housing has changed. Now registration can be carried out from the moment of execution to an orphan child or left without parental care 14 years old. The responsibility for setting them lies with the legal representatives. And in case of inaction of the latter within 3 months after the ward is 14 years old - to the guardianship authorities. From the age of 18, an orphan can apply personally for registration.


Young people brought up in boarding schools often have no idea about their own rights. Another option is that they do not understand where to go for their implementation. And there is no one to tell, there are no relatives.

The algorithm of actions is simple.

  1. After the 18th birthday (at another time, but as close as possible to this date), you should go to the guardianship and trusteeship body, where the young man is registered. And he is in the region from which this little citizen was sent to a boarding school.
  2. The specialist of the desired body needs to declare their problems.
Important: at the same time, it should be borne in mind that civil servants work in the guardianship authorities, whose main responsibility is to ensure the fulfillment of the rights of children who are left without parental support, and to protect their interests. They get paid for it.
  1. These civil servants are obliged to make every effort to help the applicant in solving his problems. That is, they will prompt:
    • where to write a statement;
    • how to compose it;
    • what papers to collect;
    • otherwise, according to the situation.


If the guardianship and trusteeship authority refuses to answer questions, then you can complain about them:

  • management (this is in the local administration);
  • parent organization (ministry of the respective region);
  • to the prosecutor's office.
Important: it is the responsibility of the prosecution authorities to supervise the work of the executive authorities. They are careful to ensure that orphans are provided with everything that is required by law.

Last changes

In 2018, a new law was adopted that significantly changes the procedure for registering orphans in need of housing.

Our experts monitor all changes in legislation in order to provide you with reliable information.

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A video about how legislation works in the field of housing for orphans.

March 20, 2017, 20:57 Oct 12, 2019 00:47

In different life situations, a child may be left without parents and the state assumes responsibility for providing such children, while each region makes a decision independently.

The reasons why a child may be left without parents are different and in this regard, such children are divided into: orphans (who have died both or a single parent) and children left without parental care, who were left without the care of a single parent or both parents for reasons: deprivation of parental rights, restriction in rights, recognition as missing, incapacitated, declaring them dead, parents serving a sentence of imprisonment, if the only parent or both parents are unknown, etc.

The status of a child is determined at the legislative level, but at the same time he receives the same support under different statuses. The solution to the problem of upbringing is solved by: placing a child in a boarding school or determining a guardian (for children under 14 years old) or a guardian (for children over 14 years old). Consider what guarantees and benefits are provided to this category of citizens by the state.

Normative regulation of social assistance and support for orphans

Accommodation and education of orphans

If a child loses his parents, his further existence is determined by the state. If a child is placed in a boarding school, he / she lives on full support, and during the training in the boarding school, they are provided with clothes, shoes, soft inventory, equipment and a one-time cash allowance according to the norms and in the manner established in accordance with the legislation.

In order to protect the rights and interests of orphans and children left without parental care, as well as persons from among orphans and children left without parental care, provides them with additional guarantees on the right to education. Orphans can study in preparatory courses for admission to institutions of secondary and higher vocational education without charging a fee and are accepted out of competition in educational institutions of secondary vocational and higher education, subject to the successful passing of the entrance exams. At the same time, they have the right to receive a second primary vocational education without payment.

Orphans studying in state educational institutions of NGOs and secondary vocational schools, state and municipal educational institutions of HE and HPE are enrolled in full state support until they graduate from this educational institution and until the age of 23 years, the right to full state support and additional guarantees for social support is retained when receiving professional education.

Orphans studying in state educational institutions, in addition to full state support, are paid:

  • scholarship, the amount of which must be increased by at least 50% in comparison with the amount of the scholarship established for students in this educational institution
  • 100% of the wages accrued during the period of industrial training and practical training
  • an annual allowance for the purchase of educational literature and writing utensils in the amount of a three-month scholarship (carried out 30 days before the start of the academic year)

When students (orphans) are granted academic leave for medical reasons, full state support is retained for the entire period and a scholarship is paid and the educational institution promotes the organization of their treatment.

Orphans studying in state educational institutions are provided with free travel:

  • by city, suburban, intradistrict transport (except for taxis)
  • once a year to the place of residence and back to the place of study

Orphans (graduates), with the exception of persons continuing their studies on a full-time basis in educational institutions of vocational education, at the expense of educational institutions of primary, secondary and higher vocational education, where they studied, are provided one-time:

  • clothing, footwear, soft inventory, equipment according to the norms, in accordance with the legislation (at the request of the graduate, monetary compensation can be issued for their purchase or transferred as a contribution to the name of the graduate to the institution of the Savings Bank of the Russian Federation)
  • a one-time cash allowance in the amount of at least 500 rubles.

Medical care and recreational activities for orphans

Persons from among orphans and children left without parental care are provided with:

  • free medical care and surgical treatment in any state and municipal health care facility (including medical examination, health improvement, regular medical examinations)
  • free vouchers to school and student sports and recreation camps (bases) of work and rest, if there are medical indications - to sanatorium-resort institutions, free travel to the place of rest, treatment and back

Solving housing problems for orphans

Orphans who had a living quarters retain the right to it for the entire period of their stay in an educational institution, regardless of their form of ownership, for the period of service in the ranks of the Armed Forces of the Russian Federation and for the period of their stay in institutions of imprisonment.

Orphans who do not have a fixed living quarters are provided with living space by the executive authorities at the place of residence out of turn within a period not exceeding 3 months.

Residential premises under social tenancy agreements are provided in accordance with the legislation of the Russian Federation and the region, with an area not lower than the legislation of the norm for the provision of residential premises under a social tenancy agreement (12 sq.m. per person) and not more than:

  • 33 sq.m - for orphans living alone
  • 42 sq.m - for a family of 2 people who are orphans
  • 18 sq. M - for each family member (orphans) with its number of 3 people or more

Answers to common questions

Question number 1: What benefits do orphans have when applying to employment centers?

Answer: Orphans registered with the employment service in the status of unemployed are paid unemployment benefits in accordance with the procedure established by the legislation of the Russian Federation and the employment services provide vocational guidance, send them to receive additional vocational education, and organize employment.

Question number 2: Can Orphans Get Free Legal Aid?

Answer: Orphans and their legal representatives can apply for free legal assistance on issues related to ensuring and protecting the rights and legitimate interests of children.

children left without parental care are persons under the age of 18 who have one or both parents:

Deprived of parental rights,

Limited in parental rights,

Recognized as missing

Recognized as incapacitated (partially incapacitated),

They are located in hospitals,

Declared dead

Are serving their sentence in institutions executing a sentence of imprisonment,

Are in places of detention of suspects and accused of committing crimes;

Shy away from raising children or protecting their rights and interests,

Refused to take their children from educational, medical institutions, social protection institutions

population and other similar institutions

And in other cases, the recognition of a child left without parental care in the manner prescribed by law;

persons from among orphans and children left without parental care,- persons between the ages of 18 and 23 who, when they were under the age of 18, both or their only parent died, and who were left without the care of their only or both parents.

Today one of the most important problems in Russia is the problem of disadvantaged children. According to statistics, in 2013 there are about 700,000 such children in the country. Adults are called upon to create favorable conditions for their survival and development, to protect their interests and protect the rights of children, but, as practice shows, it is adults who most often infringe upon and violate these rights. Among the most vulnerable categories of children are: orphans and children left without parental care, children with disabilities, children in a socially dangerous situation.

In various publications on social work, the following definition of the concept of "social orphan" is adopted: this is a child with biological parents who, for whatever reason, do not raise and care for him.



Studies by the Institute of Childhood of the Russian Children's Fund show that the main reasons why children are left without parental care are: deprivation of parental rights, parents' avoidance of maintaining and raising their own children, parents being in prison, incurable illness of parents, as well as their unknown absence.

This situation is due to a number of reasons, among which the main ones are: the difficult socio-economic situation of society, its increasing stratification by property; spiritual crisis of society; consistent, begun at the beginning of the last century, the destruction of the institution of the family.

Social orphanhood is a multifaceted problem, against the background of a constantly decreasing birth rate in the country as a whole, it has acquired threatening proportions in the Russian Federation and was designated by the government as a priority task at the federal level.

What is the danger of social orphanhood:

· Violation of public order - 58.3%;

· The growth of the lack of education of the population - 8.3%;

· Infant mortality - 33.3%;

· Degradation of society –17.6%;

· Repeat the path of their parents - 12.5%;

Today in Russia there are the following forms of life arrangement for orphans and children left without parental care.



Placement of a child in a public institution: a baby house, an orphanage, an orphanage, a boarding school for orphans and children left without parental care.

It should be noted that the legislative measures taken in recent years are not only socio-economic in nature, but also take into account the psychological, pedagogical and medical aspects of the problem of social orphanhood. Despite the positiveness of the measures taken, the problem of social orphanhood remains extremely acute.

So, in 2012, 1,896,263 children were born, while 3,884 children (0.2%) abandoned them. The largest percentage of mothers who refused to take their children from the maternity hospital was registered in the Vladimir, Moscow, Arkhangelsk regions (0.5%); Smolensk, Tver, Kaliningrad, Magadan regions (0.6); Novgorod region (0.7%). Not a single abandonment of a child in 2012 in the Bryansk, Murmansk, Rostov, Penza, Chelyabinsk, Amur regions; Krasnodar, Perm, Trans-Baikal Territories; Republics of Dagestan, Ingushetia, KChR, Chechen Republic, Jewish and Chukotka Autonomous Okrug.

The reasons for abandoning babies were:

1) absence of a spouse (63-71% of the total number of refusals);

2) low financial standing (61-76%);

3) alcohol or drug addiction of the mother (11-13.5%);

4) lack of housing for the mother (3.5-8.7%);

5) child's illness (1.4-3.6%);

6) a minor mother (1.4-2%);

7) maternal health problems (0.4-3%).

Numerous studies conducted by domestic psychologists (I.V. Dubrovina, G.S.Krasnitskaya, AM Parishioners, N.N. Tolstykh, etc.) have shown that deprivation of maternal care for children with subsequent mental deprivation in orphanages can adversely affect social , mental and physical health of orphans. According to modern domestic scientists, this affects the entire structure of the child's personality: the emotional sphere, behavioral, intellectual. The authors emphasize that the artificially limited space of a state institution, for a given life from the outside, the scarcity of personal experience and the conceptual sphere of children in an orphanage cannot always be compensated for by developing interests and expanding ideas about the world.

As a result, children do not develop the need for cognition, lack of interest and do not develop social intelligence. In the absence of interests, the child's own activity and self-organization do not develop. The pupil enters life with a deficit of volitional development, with an unformed need for professional self-realization. He develops a passive attitude to life, hypertrophied dependence on circumstances, an inability to resist and influence the course of events, to make an active, conscious choice. Many are afraid of independent life and upon leaving the institution tend to live in groups, often oriented towards dependency. As a rule, an inmate of an orphanage develops infantilism. The absence of real rights and property, as well as serious responsibilities, does not form the pupil's ability to live in the space of social and legal norms, the ability to assess their actions in the categories of rights and social responsibility. Living on state support, in the conditions of the educator's total responsibility for all aspects of the life of the children's group, the teenager gets used to feeling himself a unit of group life.

This situation leads to the fact that he does not realize the objective need to rely on his own strength in life. The result is a lack of a sense of personal responsibility for one's life, a distorted view of oneself, ignorance of one's own individual characteristics, and a misunderstanding of one's social status. As a result of these problems, an undeveloped individual consciousness is formed.

Another most important issue on the way to solving this problem is the prevention of social orphanhood. The fact is that we can place children in new families as much as we want and be proud of successful results, but if the "supply channel" is not blocked, it will be an endless process.

The effectiveness of solving the problem of social orphanhood is determined by the presence of a system for preventing and overcoming social orphanhood, which includes the following areas:

1. Management of the system of prevention and overcoming of social orphanhood.

2. Strengthening the institution of the family, the formation of family values.

3. Organization of an innovative system of support and rehabilitation of disadvantaged families.

4. Development, improvement of the system of social integration and life arrangement of orphans.

5. Scientific and methodological support of the system of prevention and overcoming of social orphanhood.

6. Stabilization of socio-economic and political processes in society.

7. Revival of the spiritual culture of the nation.

8. Economic, legislative, social support for families, mothers and children.

9. Revival, development and promotion of the best educational traditions based on humanism, love and respect for the child; the return of "education" to educational institutions.

10. Reorganization of the life of the system of institutions for orphans, including the educational systems of these institutions.

11. Improvement of the system for the placement of orphans.

Solving the problems of preventing and overcoming social orphanhood requires an integrated, interdepartmental approach, since the problems and risk factors in this area tend to increase and become more complex, affect the political, economic, legal, socio-psychological and pedagogical spheres. In the current conditions, the lack of organized interaction between institutions of the social sphere, education, health care, law enforcement is one of the reasons for the insufficient effectiveness of the activities carried out to prevent family problems and social orphanhood.

The organization of social work in the system of preventing orphanhood poses many problems. And one of the most urgent is the lack of qualified personnel. This problem becomes even more acute when it comes to socially maladjusted children and adolescents, about dysfunctional families. The specialist will have to deal with juvenile delinquents, children with drug addiction, alcoholic parents and other equally difficult categories of clients.

To work with them, you need both professional and life experience, multiplied by tolerance, openness to new experience, readiness for professional and personal growth. In other words, such work requires a qualified specialist with certain professional and personal qualities.

As mentioned above, social orphanhood in Russia is due to a number of reasons. First of all, this is the crisis of the institution of the family, which manifests itself in an increase in the age of entering into a registered marriage, an increase in the number of divorces and single-parent families. The critical state of the Russian family is also due to the poverty of a significant number of families, the widespread prevalence of alcoholism and related domestic violence. The number of persons who have never been married increased by 40%, and by the same amount - the number of divorced and separated, which led to an increase in the number of children born out of a registered marriage. Therefore, the primary task in the prevention of orphanhood in Russia is the priority of supporting and strengthening the status of a socially healthy family, which gives society a healthy, able-bodied, educated, literate generation capable of solving issues of development and prosperity of the Russian Federation.

In this regard, the following are relevant and in demand: the development and implementation of activities that promote the values ​​of the family, increase the competence in raising children, increase the awareness of the population about the activities of services to help families and children.

Another area of ​​work in the system of prevention of social orphanhood is support and rehabilitation of dysfunctional families. By a dysfunctional family, we mean a family in which a child experiences discomfort, stress, neglect by adults, is subjected to violence or abuse.

Scientific and methodological support of the system for the prevention and overcoming of social orphanhood should determine the directions and topics of scientific research, monitoring, scientific, methodological and informational materials. The effectiveness of the institutions of the system of prevention and overcoming of social orphanhood is largely determined by the scientific validity and timely analysis of the existing situation. The lack of comprehensive scientific support at this stage hinders the development of a system for overcoming family problems and social orphanhood.

The listed measures are of a comprehensive nature and, if systematically implemented, in my opinion, can help to reduce the scale of social orphanhood.

Literature:

1. Vasilkova Yu.V., Vasilkova T.A. Social pedagogy. M., 2009.

2. Glazunova M.A. Social pedagogy. M., 2010.

3. A.M. Nechaeva Orphans in Russia. 2003.

4. Chepurnykh E. Overcoming social orphanhood in Russia in modern conditions. Public education. No. 7, 2011.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ADDITIONAL WARRANTIES

FOR SOCIAL SUPPORT OF ORPHANCED CHILDREN AND CHILDREN,

REMAINING WITHOUT PARENTAL CARE

The State Duma

Federation Council

(as amended by Federal Laws of 08.02.1998 N 17-FZ,

122-ФЗ, dated 17.12.2009 N 315-ФЗ)

full state support and additional guarantees for social support in obtaining vocational education - providing orphans and children left without parental care, persons from among orphans and children left without parental care, studying according to state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the corresponding budgets of the budgetary system of the Russian Federation, free meals, a free set of clothes, shoes and soft equipment, free hostels and free medical care or reimbursement of their full cost, as well as legislatively enshrined additional measures for social protection the rights of orphans and children left without parental care, and persons from among orphans and children without parental care, until the completion of their studies;

(as amended by Federal Laws of 02.07.2013 N 185-FZ, of 25.11.2013 N 317-FZ)

graduates of organizations for orphans and children left without parental care - persons who are placed under the supervision of an organization for orphans and children without parental care, for full state support and have completed their stay in this organization;

During the period of study on state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the corresponding budgets of the budget system of the Russian Federation for persons from among orphans and children left without parental care, for students who have lost during this period of both or a single parent, if they reach the age of 23, the right to full state support and additional guarantees for social support in obtaining secondary vocational education or higher education before graduation from the specified educational programs is retained.

315-ФЗ, dated 16.11.2011 N 318-ФЗ, dated 02.07.2013 N 185-ФЗ)

(as amended by Federal Laws of 17.12.2009 N 315-FZ, of 16.11.2011 N 318-FZ, of 02.07.2013 N 185-FZ)

2. Orphans and children left without parental care, persons from among orphans and children left without parental care, are provided with vouchers to health camps, to sanatorium-resort organizations in the presence of medical indications, and travel to the place of treatment is paid and back.

(as amended by Federal Laws of 22.08.2004 N 122-FZ, of 02.07.2013 N 167-FZ, of 02.07.2013 N 185-FZ, of 25.11.2013 N 317-FZ)

ConsultantPlus: note.

Effect of the provisions of article 8 distributed by on legal relations that arose before January 1, 2013, in the event that orphans and children left without parental care, persons from among orphans and children left without parental care, did not exercise their right to provide living quarters until the day the entry into force of the Federal Law of 29.02.2012 N 15-FZ.

This Federal Law defines the general principles, content and measures of social support for orphans and children left without parental care, as well as persons from among orphans and children left without parental care.

(as amended by Federal Laws of August 22, 2004 N 122-FZ, of December 17, 2009 N 315-FZ)

full state support and additional guarantees for social support in obtaining vocational education - providing orphans and children left without parental care, persons from among orphans and children left without parental care, studying according to state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the corresponding budgets of the budgetary system of the Russian Federation, free meals, a free set of clothes, shoes and soft equipment, free hostels and free medical care or reimbursement of their full cost, as well as legislatively enshrined additional measures for social protection the rights of orphans and children left without parental care, and persons from among orphans and children without parental care, until the completion of their studies;

3. Orphans and children left without parental care, persons from among orphans and children left without parental care, studying in state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the corresponding budget budgets systems of the Russian Federation, as well as students who have lost both parents or a single parent during the period of study, are enrolled in full state support until the completion of their studies.

During the period of study on state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the corresponding budgets of the budget system of the Russian Federation for persons from among orphans and children left without parental care, for students who have lost during this period of both or a single parent, if they reach the age of 23, the right to full state support and additional guarantees for social support in obtaining secondary vocational education or higher education before graduation from the specified educational programs is retained.

Amount and procedure for payment of benefits for the purchase of educational literature and writing materials, as well as wages accrued during the period of industrial training and industrial practice, orphans and children left without parental care, persons from among orphans and children left without care parents studying at the expense of the budgets of the constituent entities of the Russian Federation or local budgets under state-accredited educational programs are established by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation.

10. Orphans and children left without parental care, persons from among orphans and children left without parental care, studying at the expense of the federal budget on educational programs with state accreditation, are provided with free travel on city, suburban, rural local area on intradistrict transport (except for taxis), as well as free travel once a year to the place of residence and back to the place of study.

(as amended by Federal Laws of 17.12.2009 N 315-FZ, of 16.11.2011 N 318-FZ, of 02.07.2013 N 185-FZ)

The order of travel for orphans and children left without parental care, persons from among orphans and children left without parental care, who study at the expense of the budgets of the constituent entities of the Russian Federation or local budgets under state accredited educational programs, in city, suburban, in rural areas on intradistrict transport (except for taxis), as well as travel once a year to the place of residence and back to the place of study is determined by the regulatory legal acts of the constituent entities of the Russian Federation.

(as amended by Federal Laws of 17.12.2009 N 315-FZ, of 16.11.2011 N 318-FZ, of 02.07.2013 N 185-FZ)

(as amended by Federal Law of 17.12.2009 N 315-FZ)

3. Failure to fulfill or improper fulfillment by officials of federal bodies of state power of their duties, provided for by this Federal Law, entails disciplinary, administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

of this Federal Law shall enter into force on January 1, 1998.

The president

Russian Federation

Moscow Kremlin