On Additional Guarantees For The Social Protection Of Orphans And Children Deprived Of Parental Care

Original Language Title: О дополнительных гарантиях по социальной защите детей-сирот и детей, оставшихся без попечения родителей

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RUSSIAN FEDERATION FEDERAL LAW on additional guarantees for the social support for orphans and children deprived of parental care (name as amended by federal law from 22/08/2004, no. 122-FZ), passed by the State Duma December 4, 1996 year approved by the Federation Council of the year December 10, 1996 (as amended by the federal laws of 08.02.98 N-FZ of 17;
dated 07.08.2000 N 122-FZ; from 04/08/2002 N 34-FL;
from 01/10/2003 N 8-FL; from 22/08/2004, no. 122-FZ;
from 17.12.2009 N 315-FL; from 16 N 318-FZ;
from 21 N 326-FZ; from 29/02 N 15-FL;
from 02.07.2013 N 167-FZ; from 02.07.2013 N 185-FZ;
from 25.11.2013 N 317-FZ; from 04.11.2014 N 333-FZ;
from 22.12.2014 N 442-FZ; by 31.12.2014 N 500-FL;
from 28.11.2015 N 358-FZ) this federal law defines general principles, content and measures of social support for orphans and children deprived of parental care, as well as the number of orphans and children left without parental care. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 17.12.2009 N 315-FL) Article 1. Concepts used in the present Federal law for the purposes of this federal law uses the concept: children-orphans-persons under 18 years of age who have died both or one parent;
children left without parental care, persons under the age of 18 years, who have remained without care of the only parent or both parents with regard to the deprivation of parental rights, restriction of their parental rights, recognition of parents missing, incapacitated (partially capable), declaring them dead, the establishment by Court of the fact of loss of face parental care, serving parents punishment in institutions enforcing penalties involving deprivation of liberty, the condition of detention of suspects and accused persons , Dodge parents from raising their children or to protect their rights and interests, refusal of parents to take their children from educational institutions, medical organizations, providing social services, as well as if the only parent or both parents are unknown, in other cases, recognition of children without parental care in the manner prescribed by law; (As amended by the Federal law of 02.07.2013 N 185-FZ) of orphan children and children left without parental care and persons aged 18 to 23 years of age, when they were under the age of 18 years died both or one parent, as well as left without care only or from both parents and are in accordance with this federal law further guarantees the right to social support; (As amended by federal law from 22/08/2004, no. 122-FZ) of the Organization for orphans and children left without parental care, educational institutions, medical organizations, organizations providing social services, which are placed under the supervision of orphans and children left without parental care; (As amended by the Federal law of 02.07.2013 N 185-FZ) guardianship and curatorship-shape of orphan children and children left without parental care for their maintenance, upbringing and education, as well as to protect their rights and interests; guardianship is established over children under the age of 14 years; guardianship over children aged 14 to 18 years of age;
foster family-shape of orphan children and children left without parental care, on the basis of the contract on the transfer of the child (children) to a family for rearing between the authorities responsible for tutelage and guardianship and foster parents (spouses or individuals wishing to take the kids to a family for rearing);
full state maintenance of orphaned children and children deprived of parental care-giving them during their stay in the respective organization for orphans and children left without parental care in a family guardian, adoptive parents of free meals, free clothing, shoes and soft equipment, free accommodation and free medical care or refund their full value; (As amended by the federal laws of the 27.12.2007. N 315-FL; from 02.07.2013 N 185-FZ; from 25.11.2013 N 317-FZ) full state maintenance and additional guarantees on social support in obtaining professional education-children-orphans and children left without parental care, children-orphans and children left without parental care, students on educational programs of secondary vocational education or higher education in full-time education at the expense of the respective budgets of the budget system of the Russian Federation, free food , free clothing, shoes and soft equipment, free accommodation and free medical care or reimbursement of the full cost, as well as legislated for additional measures for the social protection of the rights of orphans and children left without parental care, and the number of orphans and children left without parental care, to complete their studies; (As amended by the federal laws of 02.07.2013 N 185-FZ; from 25.11.2013 N 317-FZ; by 31.12.2014 N 500-FZ)

Alumni organizations for orphans and children left without parental care, individuals who are placed under the supervision of the Organization for orphans and children left without parental care, fully maintained by the State and completed their stay in this organization; (As amended by the Federal law of 02.07.2013 N 185-FZ) additional guarantees on social support-legally laid down additional measures for the social protection of the rights of orphans and children deprived of parental care, as well as the number of orphans and children left without parental care in obtaining secondary vocational education and higher education in full-time education. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 17.12.2009 N 315-FL; from 02.07.2013 N 185-FZ), Article 2. Relations regulated by the present Federal Act this federal law regulates relations arising in connection with the provision of and ensuring State authorities additional guarantees for the social protection of the rights of orphans and children deprived of parental care, as well as the number of orphans and children left without parental care.
Article 3. The legislation of the Russian Federation on additional guarantees for the social support for orphans and children deprived of parental care (as amended by federal law from 22/08/2004, no. 122-FZ) legislation of the Russian Federation on additional guarantees for the social support of orphans and children left without parental care, consists of the relevant articles of the Constitution of the Russian Federation, the present Federal law, federal laws and other regulatory legal acts of the Russian Federation as well as constitutions (charters), laws and other normative legal acts of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ) If an international treaty of the Russian Federation stipulates other rules than those stipulated by this federal law, the rules of the international treaty shall apply.
Article 4. Measures to provide additional safeguards for social support for orphans and children deprived of parental care (as amended by federal law from 22/08/2004, no. 122-FZ) additional guarantees of social support for orphans and children deprived of parental care provided in accordance with applicable law, ensured and protected by the State. (As amended by federal law from 22/08/2004, no. 122-FZ), Federal Executive authorities and executive authorities of the constituent entities of the Russian Federation are developing and executing targeted programmes for the conservation and protection of the rights of orphans and children left without parental care, provide for public institutions and centres. (As amended by federal law from 22/08/2004, no. 122-FZ)
(Part three of lapsed federal law from 22/08/2004, no. 122-FZ), Article 5. Financial support for additional guarantees for the social support for orphans and children deprived of parental care provided for in this federal law further guarantees to orphans and children left without parental care (with the exception of children enrolled in federal State educational organizations) are consumable commitments of constituent entities of the Russian Federation. Laws and other regulatory legal acts of the constituent entities of the Russian Federation may establish additional types of social support for orphans and children left without parental care. Under this federal law further guarantees to orphans and children left without parental care, students in federal State educational organizations are consumable commitments of the Russian Federation. (As amended by the Federal law of 02.07.2013 N 185-FZ)
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ), Article 6. Additional guarantees of the right to education 1. Orphans and children left without parental care, the number of orphaned children and children deprived of parental care are entitled to training at the preparatory departments of educational institutions of tertiary education at the expense of the corresponding budget the budget system of the Russian Federation in the manner prescribed by the Federal law of December 29, 2012 year N 273-FZ "on education in the Russian Federation". (As amended by the Federal law of 02.07.2013 N 185-FZ)
2. Orphans and children left without parental care, the number of orphans and children left without parental care are entitled to receive the second secondary vocational education on the training programme for skilled workers without charging a fee. The size and order of reimbursement of professional educational institutions for training

orphans and children left without parental care, the number of orphans and children left without parental care, sets the normative legal acts of the bodies of State power of the constituent entities of the Russian Federation. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 17.12.2009 N 315-FL; from 02.07.2013 N 185-FZ) 3. Orphans and children left without parental care, the number of orphaned children and children deprived of parental care, students on educational programs of secondary vocational education or higher education in full-time education at the expense of the respective budgets of the budget system of the Russian Federation, as well as students who have lost both parents during the period of study, or a single parent, credited to full state maintenance until completion. (As amended by federal law from 31.12.2014 N 500-FL) during training on educational programs of secondary vocational education or higher education in full-time education at the expense of the respective budgets of the budget system of the Russian Federation for persons of orphans and children without parental support for students who have lost during this period both or single parent, if they reach the age of 23 years, retained the right to full state maintenance and additional guarantees on social support in obtaining secondary vocational education or higher education before graduation on these educational programs. (As amended by federal law from 31.12.2014 N 500-FZ)
(Paragraph as amended by federal law from 02.07.2013 N 185-FZ)
4. (repealed-the Federal law dated 27.12.2007. N 315-FL) 5. Orphans and children left without parental care, children-orphans and children left without parental care, students at the expense of the corresponding budget the budget system of the Russian Federation on the basic educational programs, along with full State provision of scholarship is paid in accordance with the Federal law of December 29, 2012 year N 273-FZ "on education in the Russian Federation", the annual allowance for the purchase of textbooks and writing materials at the rate of three-month scholarships as well as 100 percent of wages, accrued during a period of on-the-job training and work experience. (As amended by the federal laws of the 27.12.2007. N 315-FL; from 16 N 318-FZ; from 02.07.2013 N 185-FZ; by 31.12.2014 N 500-FZ) the size and order of payment for the purchase of textbooks and stationery, as well as wages, accrued during inservice training and production practices, children-orphans and children left without parental care, children-orphans and children left without parental care, students at the expense of the budgets of the constituent entities of the Russian Federation and local budgets on basic education programs are established by the laws of the constituent entities of the Russian Federation and (or) normative legal acts of the executive authorities of the constituent entities of the Russian Federation. (The paragraph is supplemented by federal law from 22/08/2004 yr. N 122-FZ) (as amended by the federal laws of the 27.12.2007. N 315-FL; from 16 N 318-FZ; from 02.07.2013 N 185-FZ; by 31.12.2014 N 500-FL) 6. (Repealed-Federal Act of 22/08/2004, no. 122-FZ)
7. Alumni organizations carrying out educational activities, children-orphans and children left without parental care, the number of orphans and children left without parental care, come to vacation time, weekends and holidays in these organizations, to address their management bodies may receive free meals and accommodation for the period of their stay in them. (As amended by the Federal law of 02.07.2013 N 185-FZ)

8. Alumni organizations carrying out educational activities, trained by major educational programs at the expense of federal budget-children-orphans and children left without parental care, the number of orphans and children left without parental care, except for continuing education on basic education programs for full-time federal budget funds, once provided at the expense of the organizations in which they studied and (or) included brought up, clothing, footwear, equipment and equipment for soft rules, approved by the Government of the Russian Federation, as well as a one-time cash grant for an amount not less than five hundred rubles. Optional graduate him may be given monetary compensation in the amount required for the acquisition of these clothes, shoes, soft implements and equipment, or such compensation can be credited to the account or accounts opened in the name of the graduate in a bank or banks, provided that the said monies including capitalised (included) interest on the sum insured in the compulsory insurance of natural persons deposits in banks of the Russian Federation and the total size of the funds located on an account or accounts in one bank, does not exceed the stipulated by the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation" amount of compensation on deposits. (As amended by the federal laws of 04.11.2014 N 333-FZ; by 31.12.2014 N 500-FZ) Alumni organizations carrying out educational activities, trained by major educational programs at the expense of the budgets of the constituent entities of the Russian Federation and local budgets-children-orphans and children left without parental care, the number of orphans and children left without parental care, except for continuing education on basic educational programmes on full-time at the expense of the budgets of the constituent entities of the Russian Federation and local budgets are provided with clothes, shoes, soft equipment, equipment and one-time cash benefit in the manner prescribed by laws of the constituent entities of the Russian Federation and (or) normative legal acts of the executive authorities of the constituent entities of the Russian Federation. (As amended by federal law from 31.12.2014 N 500-FZ)
(Paragraph as amended by federal law from 02.07.2013 N 185-FZ)
9. When providing learners-children-orphans and children left without parental care, children-orphans and children remained without parents ' care, academic leave for medical reasons she maintains for the entire period of full state maintenance, they receive a scholarship. Organization conducting educational activities, promotes the Organization of their treatment. (As amended by the federal laws of the 27.12.2007. N 315-FZ; 02.07.2013 N 185-FZ) 10. Orphans and children left without parental care, the number of orphaned children and children deprived of parental care, students at the expense of the federal budget on basic education programmes are provided free travel on urban, suburban, rural vnutrirajonnom transport (except taxis), as well as free travel once a year to their place of residence and back to the place of study. (As amended by the federal laws of the 27.12.2007. N 315-FL; from 16 N 318-FZ; from 02.07.2013 N 185-FZ; by 31.12.2014 N 500-FZ) priority of orphan children and children left without parental care, the number of orphans and children left without parental care, students at the expense of the budgets of the constituent entities of the Russian Federation and local budgets on basic education programmes on urban, suburban, rural vnutrirajonnom transport (except taxis), as well as travel once a year to their place of residence and back to place of study is determined by the legal acts of the constituent entities of the Russian Federation. (As amended by the federal laws of the 27.12.2007. N 315-FL; from 16 N 318-FZ; from 02.07.2013 N 185-FZ; by 31.12.2014 N 500-FZ) (paragraph as amended by federal law from 22/08/2004, no. 122-FZ) Article 7. Additional guarantees of the right to health care (as amended by the Federal law of 25.11.2013 N 317-FZ dated December 30, 2008) 1. Orphans and children left without parental care, as well as persons belonging to orphans and children left without parental care, free medical care in State health-care health organizations and municipal health care system, including high-tech medical care, conduct examinations, rehabilitation, regular medical examinations and their treatment outside the territory of the Russian Federation to the budget the federal budget in order established by the federal executive body responsible for the elaboration and implementation of State policy and normative-legal regulation in the sphere of public health. (As amended by the federal laws from 22/08/2004, no. 122-FZ; 02.07.2013 N 167-FZ)

2. Orphans and children left without parental care, children-orphans and children left without parental care are given vouchers to the camps, in the sanatorium of the organization if there are medical indications, as well as paid travel to and from the place of treatment and back. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 02.07.2013 N 167-FZ; from 02.07.2013 N 185-FZ; from 25.11.2013 N 317-FZ) Article 8. Additional guarantees of the rights of property and premises 1. Orphans and children left without parental care, children-orphans and children left without parental care who are not employers premises on social contracts of employment or family residential premises of the employer under a contract of employment or social owners of residential premises, as well as orphans and children left without parental care, children-orphans and children left without parental care who are tenants of residential premises on social contracts of employment or family residential premises of the employer under a contract of employment or social the owners of the premises, if their stay in the previously occupied by the residential premises is recognized impossible body of the Executive power of the constituent entities of the Russian Federation in the territory of which the residence of the persons concerned, in the manner prescribed by the legislation of the constituent entities of the Russian Federation, once provided comfortable accommodation specialized housing contracts hiring specialized premises.
Accommodation is provided to persons specified in the first subparagraph of this paragraph, by the age of 18 years, as well as in the case of full dispositive capacity before reaching the age of majority. In cases stipulated by the legislation of the constituent entities of the Russian Federation, accommodation can be provided to the persons referred to in the first subparagraph of this paragraph, earlier than age of 18 years.
On the application in writing to the persons referred to in the first subparagraph of this paragraph and under the age of 18 years, the accommodation shall be provided to them at the end of the term in educational organizations, social services, health care facilities and other institutions established in accordance with the procedure established by law for orphan children and children deprived of parental care, as well as upon completion of vocational education, or the end of military conscription or the end of the sentence in correctional institutions. (As amended by the federal laws of 02.07.2013 N 185-FZ; 28.11.2015 N 358-FZ)
2. Executive authorities of the constituent entities of the Russian Federation are required to monitor the use of residential premises and (or) by the order of the living quarters, employers or family members, employers or social rented instruments owners whom are orphans and children left without parental care, proper sanitary and technical condition of these premises.
3. The Executive authority of the Russian Federation in accordance with the law of the Russian Federation, generates a list of orphan children and children left without parental care, the number of orphans and children left without parental care who are subject to the provision of premises (hereinafter list) in accordance with paragraph 1 of this article.
Persons are included in the list referred to in the first subparagraph of paragraph 1 of this article and have reached the age of 14 years. Children-orphans and children left without parental care, children-orphans and children remained without parents ' care, accommodation in accordance with paragraph 1 of this article is the reason for the exclusion of these persons from the list.
4. Accommodation for children-orphans and children left without parental care, the number of orphans and children deprived of parental care, in residential premises previously occupied by the employers or family members, employers or social rented instruments to which they are owners recognized impossible if this runs counter to the interests of these persons in relation to the presence of one of the following circumstances: 1) accommodation on any legal basis in such residential premises of persons : have been deprived of their parental rights in respect of these children-orphans and children left without parental care, the number of orphans and children deprived of parental care (if there is a court decision that has entered into force concerning the refusal forced exchange of residential premises in accordance with part 3 of article 72 of the housing code of the Russian Federation);
suffering from severe chronic diseases in accordance with the procedure in paragraph 4 of part 1 of article 51 of the housing code of the Russian Federation, in which living together with them in the same dwelling premises;
2) residential premises are unsuitable for permanent residence or does not meet the for premises sanitary and technical rules and regulations, other requirements of the legislation of the Russian Federation;

3) total area of residential premises per one person living in this residential area, less accounting norms of dwelling area, including if such reductions will occur as a result of the installation in the residential placement of children-orphans and children left without parental care, the number of orphans and children deprived of parental care;
4) other statutory entity of the Russian Federation.
5. procedure for the determination of impossibility of children-orphans and children left without parental care, the number of orphans and children deprived of parental care, in residential premises previously occupied by the employers or family members, employers or social rented instruments to which they are owners, is established by legislation of the Russian Federation.
6. validity of the contract of employment of specialized residential premises provided pursuant to paragraph 1 of this article shall be valid for five years.
In case of revealing circumstances indicating a need for persons referred to in paragraph 1 of this article, to overcome difficult life situations, the contract of hiring a dedicated living space can be contracted to a new five-year term by a decision of the executive body of a constituent entity of the Russian Federation. For the identification of those circumstances is established by legislation of the Russian Federation. The contract of hiring a dedicated living space can be contracted to a new five-year term is not more than once.
Upon expiration of the contract of employment of specialized residential premises and, in the absence of circumstances indicating a need for persons referred to in paragraph 1 of this article, to overcome difficult life situations, the Executive authority of the Russian Federation, supervising the State Housing Fund, shall decide on the exclusion of the dwelling of the specialized housing fund and to conclude with the persons referred to in paragraph 1 of this article the social contract of employment, in respect of the residential premises in the manner prescribed by the legislation of the Russian Federation.
7. Under the contracts of employment of specialized premises they are persons described in paragraph 1 of this article, in the shape of residential houses, apartments, comfortable for the appropriate locality according to norms granting square dwelling social Treaty.
8. additional guarantees of the rights of orphans and children left without parental care, the number of orphans and children left without parental care, property and premises apply to consumable commitments of the Russian Federation.
9. Right to housing on the grounds and in the manner provided for by this article, shall be retained by the persons who were orphans and children left without parental care, the number of orphans and children left without parental care, and have reached the age of 23 years, before actual ensure their living quarters.
(Article in the Editorial Office of the Federal law dated 29 N 15-FZ) Article 9. Additional guarantees of the right to work 1. State employment service bodies (hereinafter referred to as the employment service offices) when they are accessed for orphan children and children left without parental care, at the age of fourteen to eighteen years of age shall career-guidance work with specified persons and provide Diagnostics of their professional competence, taking into account the State of health. (As amended by the Federal law dated 10.01.2003 N 8-FZ)
2. (repealed-Federal Act of 22/08/2004, no. 122-FZ) 3. Officials found guilty of violating the terms of employment contracts governing their relations with orphans and children without parental care, children-orphans and children remained without parents ' care, bear responsibility in the manner prescribed by the legislation of the Russian Federation. (As amended by the Federal law dated 27.12.2007. N 315-FZ)
4. (repealed-Federal Act of 22/08/2004, no. 122-FZ) 5. First time job seekers registered in bodies of the State employment service unemployed status to orphans, children left without parental care, children-orphans and children remained without parents ' care, unemployment allowance for 6 months in the amount of the average salary levels prevailing in the Republic, Krai, oblast, cities of Moscow and St. Petersburg, an autonomous region, autonomous prefecture.
Employment service offices within a specified period carry out orientation, refer to training or obtain additional professional education, organize the placement of persons in this category. (As amended by the Federal law of 22.12.2014 N 442-FZ)

6. Workers-children-orphans and children left without parental care, children-orphans and children remained without parents ' care, disengaged from organizations in connection with their liquidation, downsizing of the State or employers (or their successors) are obliged to provide at its own expense the necessary professional training and their subsequent employment in this, or other organizations. (As amended by the Federal law dated 27.12.2007. N 315-FL) Article 10. Judicial protection of the rights of orphans and children left without parental care for the protection of their rights of orphans and children left without parental care, as well as their legal representatives, guardians (caretakers), agencies of tutorship and guardianship and the Prosecutor may apply in the prescribed manner to the relevant courts of the Russian Federation.
Orphans and children left without parental care are entitled to free legal assistance in accordance with the Federal law on free legal aid in the Russian Federation ". (Part is supplemented by federal law from 21 N 326-FZ), Article 11. Liability for failure to comply with this federal law 1. Officials of the State authorities of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government are responsible for failure to comply with the provisions of this federal law in accordance with the Constitution of the Russian Federation, the laws of the Russian Federation.
2. the normative legal acts of the federal bodies of executive power, taken in violation of this federal law restricting the rights of orphans and children left without parental care, the number of orphans and children left without parental care, or establishing such a procedure for the implementation of those rights, which complicates their use be invalidated in the order established by the legislation. (As amended by the Federal law dated 27.12.2007. N 315-FZ)
3. Non-performance or improper performance of the officials of the Federal Government of its responsibilities under this federal law shall entail disciplinary, administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.
FINAL PROVISIONS Article 12. Bringing legal acts in compliance with this federal law to propose to the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
Article 13. The entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. Paragraphs 5, 6 article 6, paragraph 5 of article 9 of this federal law shall enter into force on January 1, 1998 year.
Russian President Boris Yeltsin in Moscow, the Kremlin December 21, 1996 N 159-FZ