On Introducing Changes And Additions Into The Code On Marriage And The Family Of The Rsfsr, The Criminal Code Of The Rsfsr, The Code Of Criminal Procedure Of The Rsfsr, The Code Of Criminal Procedure Of The Rsfsr On Administrative Offences

Original Language Title: О внесении изменений и дополнений в Кодекс о браке и семье РСФСР, Уголовный кодекс РСФСР, Уголовно-процессуальный кодекс РСФСР, Кодекс РСФСР об административных правонарушениях

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102034598

Ineffective portion of changes and additions to the code of CRIMINAL PROCEDURE of the RSFSR Ugolovnj-federal law 13.06.96 N 64-FZ ineffective portion of changes and additions to the marriage and family code of the RSFSR-federal law 18.10.97 N 132-FZ RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the marriage and family code of the RSFSR, the Criminal Code of the RSFSR , the code of criminal procedure of the RSFSR, the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences adopted by the State Duma on February 10, 1995 onwards (as amended by federal law from out N 196-FZ), Article 1. To amend the marriage and family code of the Russian Federation (Gazette of the Supreme Soviet of the RSFSR, 1969, no. 32, St. 1086; 1979, no. 49, St. 1197) as follows: 1. Article 98 shall be amended as follows: "s t a t I n g 98. The adoption of children who are citizens of the Russian Federation adoption is permitted only in the case of minor children who are citizens of the Russian Federation, and in their interests.
The adoption of children who are citizens of the Russian Federation, citizens of the Russian Federation shall be effected by the Decree of the head of the district, city, city district in the administration of the place of residence (location) of the child or the place of residence of the adoptive parents at the request of the persons wishing to adopt a child, and with his participation.
The adoption of children who are citizens of the Russian Federation, foreign citizens shall be permitted only in cases where it was not possible to allocate these children up for adoption, under tutorship (guardianship) of citizens of the Russian Federation to upbringing in a family of citizens of the Russian Federation or put up for adoption to relatives of the child, irrespective of their place of residence and nationality.
The adoption of children who are citizens of the Russian Federation, foreign citizens shall be effected by a decree of the Executive authority of the Russian Federation on the territory of which he resides (is) a child with deadlines for part four article 122 of this code, with the participation of the adopter.
Actions in case of adoption of children on behalf of and in the interests of citizens of the Russian Federation and foreign citizens wishing to adopt children who are citizens of the Russian Federation, allowed other persons on the basis of a notarized power of Attorney except that adopters must perform personally.
The order of children who are citizens of the Russian Federation, on the adoption of citizens of the Russian Federation and foreign nationals, list of actions committed by adoptive parents in person, as well as forms of control over living conditions and upbringing of the children in their adoptive families are established by the Government of the Russian Federation.
Intermediary activity to child adoption, are citizens of the Russian Federation, is prohibited, except as provided by paragraph 5 of this article.
For adoption and activities associated with their manufacture, no fee will be charged.
Adoption occurs from the date of adoption of the decision in accordance with the second and fourth parts of this article. ".
2. Part three of article 100 shall read as follows: "parents can give consent for child adoption, stepfather, stepmother, relatives. With parental consent for child adoption by another person (or persons) the guardianship and custody agencies give a conclusion about accordance of such adoption is in the best interests of the child. Parents can provide the right to choose the adoptive parents of custody and guardianship bodies. ".
3. Article 122 shall be reworded as follows: "s t a t b I 122. Duties of enterprises, institutions, organizations and citizens of the Russian Federation in the detection and device for children left without parental care, directors of enterprises, institutions, organizations and citizens of the Russian Federation shall, within three days from the date when they become aware of children without parental care, inform the authorities responsible for tutelage and guardianship for the actual location of the children. Tutorship and guardianship authorities in receiving such information shall immediately conduct a survey and in determining whether the lack of parental care, make temporary arrangements for these children to address the question of their future content and education.
Heads of institutions in which children are obliged, within seven days from the date when they learned that a child left without parental care, to notify the tutorship and guardianship agency of the location of these institutions. The agencies of tutorship and guardianship at the expiration of one month from the date of receipt of the specified message send information about a child that was not submitted for adoption, under tutorship (guardianship) of citizens of the Russian Federation to upbringing in a family of citizens of the Russian Federation, in the executive bodies of the subjects of the Russian Federation.

The Executive authority of the Russian Federation, within two months from the date of receipt to him information about a specific child and the impossibility of its transfer to the adoption, under tutorship (guardianship) of citizens of the Russian Federation to upbringing in a family of citizens of the Russian Federation on the territory of this or other constituent entities of the Russian Federation is obliged to provide relevant information to the competent authority as defined by the Government of the Russian Federation for the centralized accounting and subsequent children in the family of citizens of the Russian Federation.
If it is not possible to transfer children deprived of parental care, for adoption, under tutorship (guardianship) of citizens of the Russian Federation to upbringing in a family of citizens of the Russian Federation, they may be given for adoption to foreign citizens for six months (children up to the age of three after three months) from the date of productions on the central register these children.
For failure to perform obligations provided for by the second and third parts of this article, for providing knowingly false information, as well as for actions related to the transfer of a child from shelter adoptions, custody (guardianship) of citizens be given to upbringing in a family of citizens, the leaders of these institutions, as well as officials of the executive authorities of the constituent entities of the Russian Federation and bodies of local self-government were prosecuted in accordance with applicable law. "
4. Article 165 shall be reworded as follows: "s t a t b I 165. Adoption (adoption) on the territory of the Russian Federation of a child who is a citizen of the Russian Federation, foreign nationals and a child who is a foreign citizen, citizens of the Russian Federation. The adoption of a child who is a citizen of the Russian Federation and living outside the Russian Federation Adoption (adoption) on the territory of the Russian Federation of a child who is a citizen of the Russian Federation, foreign citizens shall be made with the application of the laws of the State of nationality of the adoptive parent at the time of submission of the application for adoption (adoption). When adopting a child in the territory of the Russian Federation, a citizen of the Russian Federation, foreign nationals must also be complied with the requirements of articles 98, 100-104 of this code.
When adopting a child in the territory of the Russian Federation, which is a foreign citizen, citizens of the Russian Federation, you must obtain the consent of his legal representative and the competent authority of the State of which the child is as well, if this is required by the legislation of that State, the consent of the child to adoption.
If as a result of adoption can be violated the rights of the child, established by the legislation of the Russian Federation and international treaties of the Russian Federation, it can not be produced regardless of the nationality of the adoptive parent, and produced by adoption is subject to cancellation by judicial procedure.
The adoption of a child who is a citizen of the Russian Federation and living outside of the Russian Federation shall be in the appropriate diplomatic or consular office of the Russian Federation. If the adoptive parents are foreign citizens must obtain the approval of the Executive authority of the Russian Federation on the territory of which the child resided before leaving the Russian Federation.
Valid also recognizes the adoption a child who is a citizen of the Russian Federation and living outside the Russian Federation, by the competent authority of a foreign State, the nationality of the adoptive parent, subject to the prior authorization of the adoption by the executive body of a constituent entity of the Russian Federation on the territory of which the child resided before leaving the Russian Federation. "
Article 2. To the Criminal Code of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 591; 1972, no. 26, p. 662; 1974, no. 29, art. 782; 1982, no. 49, St. 1821; 1984, N 5, art. 168; 1987, no. 30, art. 1087; 1988, N 14, art. 396; 1989, no. 37, art. 1074; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 21, art. 749; N 32, St. 1231; Collection of laws of the Russian Federation, 1994, N 10, art. 1109) the following additions: 1 part two article 7-1, after the words "kidnapping (art. 125-1);" Add the words "aggravated trafficking in minors (art. 125-2, part 3);".
2. The code shall be supplemented with article 125-2 as follows: "t s t b I 125-2. Trafficking in minors buying and selling of minors or other transactions in the form of transfer and their acquisition shall be punishable by deprivation of liberty for up to five years or by corrective labour for up to two years.
The same actions committed repeatedly, or by prior conspiracy of a group of persons, or through abuse of their official position, shall be punishable by deprivation of liberty for a term from five up to ten years with or without confiscation of property.

The actions referred to in paragraphs 1 and 2 of this article committed from base motives or causing grave or especially grave consequences, as well as associated with trafficking in minors abroad or return them from abroad, shall be punishable by deprivation of liberty for a term of eight to fifteen years with or without confiscation of property. "
3. The code shall be supplemented with article 162-9 read as follows: "t s t b I 162-9. Illegal adoption Illegal activity to child adoption, signed within one year after the imposition of an administrative penalty for the same violation, shall be punished with imprisonment for a term not exceeding one year or a fine of from 50 to 100 times the minimum wage. "
Article 3. Part four of article 126 of the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1965, no. 50, text 1243; 1966, no. 35, p. 946; N 38, St. 1039; 1970, N 22, art. 442; 1972, N 51, art. 1207; 1973, N 16, art. 353; 1974, no. 29, art. 781, 782; 1975, no. 33, art. 699; 1978, no. 15, St. 410; 1980, N 20, art. 536; 1984, N 5, art. 168; 1985, N 5, art. 163; N 40, St. 1398; 1986, no. 23, art. 638; 1987, no. 27, art. 961; N 36, art. 1295; N 43, St. 1501; 1988, N 14, art. 396, 397; N 33, art. 1081; N 48, art. 1529; 1989, N 16, art. 397; N 28, art. 739; N 37, art. 1047; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; N 52, art. 1867; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, art. 894; N 27, art. 1560; N 33, art. 1912; 1993, no. 3, art. 97; N 21, art. 749; N 32, St. 1231; Collection of laws of the Russian Federation, 1994, N 10, art. 1109) after the digits "125.0" supplement the figures "125-2," after digit "162-5," to complement the figures "162-9".
Article 4. (Repealed-federal law out N 196-FZ), Article 5. This federal law shall enter into force on the day of its official publication.
Russian President Boris Yeltsin in Moscow, the Kremlin March 7, 1995 N 28-FZ