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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
RUSSIAN FEDERATION FEDERAL LAW On additional social security guarantees support for orphaned children and children left without parental care class="ed"> (The name in the edition of the Federal Law of 22.08.2004) N 122-FZ) Adopted by the State Duma on 4 December 1996 Approved by the Federation Council on 10 December 1996 (In the wording of federal laws dated 08.02.98 N 17-FZ; of 07.08.2000 N 122-FZ; 08.04.2002 N 34-FZ; of 10.01.2003 N 8-FZ; of 22.08.2004 N 122-FZ; of 17.12.2009 N 315-FZ; of 16.11.2011 N 318-FZ; of 21.11.2011 N 326-FZ; dated 29.02.2012 N 15-FZ; of 02.07.2013 N 167-FZ; dated 02.07.2013. N 185-FZ; of 25.11.2013 N 317-FZ; dated 04.11.2014. N 333-FZ; of 22.12.2014 N 442-FZ; 31.12.2014 N 500-FZ; of 28.11.2015 N 358-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 . (In the version of federal laws of 22.08.2004. N 122-FZ; of 17.12.2009 N 315-FZ) Article 1. The concepts used in this Federal Law For the purposes of this Federal Act, the concepts are: children under 18 years of age who have died both or only parent; children without parental care-persons under the age of 18 who have been left without the care of the sole parent or both parents for the deprivation of their parental rights, limitation of parental rights, recognition Absentee parents are absent, incompetent (limited capacity), The declaration by the deceased, the court's determination of the loss of parental custody, the serving of sentences by the parents in prison facilities, the detention of suspects and accused persons in detention facilities 1. The commission of crimes, the avoidance of parents from the upbringing of their children or the protection of their rights and interests, the refusal of parents to take their children from educational organizations, medical organizations, social service providers and If the only parent or both parents are not known, otherwise Recognition of children left without parental care in accordance with the procedure established by law; (as amended by the Federal Act of 2 July 2013). N 185-FZ faces of orphans and children left without parental care-persons between the ages of 18 and 23 who, when they were under the age of 18, died of both or only parent, and who are left without the care of one or both parents and are entitled under the present Federal Law to additional guarantees of social support; (In the wording of Federal Law of 22.08.2004 N 122-FZ ) organizations for orphans and children deprived of parental care-educational organizations, medical organizations, organizations providing social services that are placed under Supervision of orphans and children left without parental care; (as amended by the Federal Law of 2 July 2013) N 185-FZ) custody and guardianship-the form of placement of orphans and children left without parental care, for the purpose of their maintenance, upbringing and education, and for the protection of their rights and interests; guardianship is established over Children who have not reached the age of 14; custody is placed on children between the ages of 14 and 18; adopted family-the form of placement of orphans and children left without parental care on the basis of a child transmission contract (children) to foster a family between guardianship and foster parents (spouses or individual citizens wishing to take children in their families); Full State provision for orphans and children left without parental care; A suitable organization for orphans and children left without parental care, in the family of a guardian, guardian, foster parents, free set of clothing, shoes and soft equipment, free dormitory and free accommodation Medical insurance or full reimbursement of their full value; (In the wording of the Federal laws of 17.12.2009 N 315-FZ; dated 02.07.2013. N 185-FZ; of 25.11.2013 N 317-FZ Full state provision and additional guarantees of social support for vocational education-provision of orphans and children left without care Parents, orphans and children deprived of parental care in secondary vocational education or higher education programmes in the form of appropriate budgets Russian budget system, free meals, free of charge Clothing, footwear and soft equipment, free dormitories and free medical care or reimbursement of their full cost, as well as statutory supplementary measures for the social protection of the rights of orphans and children left behind without parental care and orphans and children deprived of parental care until completion of their studies; (Federal laws dated 02.07.2013 N 185-FZ; of 25.11.2013 N 317-FZ; 31.12.2014 N 500-FZ) Alumni of organizations for orphans and children deprived of parental care are persons placed under the supervision of an organization for orphans and children left without parental care, Full state security and have completed their stay in this organization; (as amended by the Federal Law of 2 July 2013). N 185-FZ) additional social support guarantees -statutory additional measures for the social protection of the rights of orphans and children left without parental care, as well as persons from The number of orphans and children left without parental care, when they receive secondary vocational education and higher education in full-time education. In the wording of the federal laws of 22.08.2004, N 122-FZ; of 17.12.2009 N 315-FZ; dated 02.07.2013. N 185-FZ) Article 2. Relationship governed by this Federal Act This Federal Law regulates relations arising from the provision and provision of public services by organs of the State. The authorities provide additional guarantees for the social protection of the rights of orphans and children deprived of parental care, as well as of orphans and children left without parental care. Article 3. Russian legislation on additional guarantees for social support for orphans and children left without parental care Law of 22.08.2004 N 122-FZ Russian legislation on additional guarantees for the social welfare of orphans and children deprived of parental care is made up of relevant articles of the Constitution OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law dated 22.08.2004. N 122-FZ) If an international treaty of the Russian Federation sets out rules other than those provided for by this Federal Law, the rules of the international treaty shall apply. Article 4. Measures to provide additional guarantees for social support for orphans and children left without parental care href=" ?docbody= &prevDoc= 102044862&backlink=1 & &nd=102088491 "target="contents" title= " "> dated 22.08.2004. N 122-FZ Additional guarantees of social support for orphans and children left without parental care, provided in accordance with current legislation, are provided and protected by the State. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) Federal executive authorities and the executive authorities of the constituent entities of the Russian Federation are developing and implementing targeted programmes for the protection and promotion of the rights of orphans and children deprived of their rights. custody of parents shall ensure the establishment of State institutions and centres for them. (In the wording of Federal Law of 22.08.2004) N 122-FZ (Part Three has lost its power-Federal Law of 22.08.2004) N 122-FZ) Article 5. Financial provision of additional guarantees for social support for orphans and children without parental care Additional guarantees for orphans and children deprived of parental care (with the exception of children enrolled in federal State educational institutions) are the obligations of the constituent entities of the Russian Federation. Additional forms of social support for orphans and children deprived of parental care may be established by laws and other normative legal acts of the constituent entities of the Russian Federation. The additional guarantees provided for in this Federal Act for orphans and children deprived of parental care in federal State educational institutions are consumable obligations of the Russian Federation. THE RUSSIAN FEDERATION (...) (...) N 185-FZ (Article in the wording of Federal Law of 22.08.2004) N 122-FZ) Article 6. Additional guarantees of the right to education 1. Orphans and children without parental care, orphans and children deprived of parental care have the right to receive higher education at the preparatory offices of higher education The corresponding budget of the Russian Federation's budget system is established in accordance with the procedure established by the Federal Act No. 273-FZ of 29 December 2012 on education in the Russian Federation. (...) (...) N 185-FZ)2. Orphans and children without parental care, orphans and children deprived of parental care have the right to secondary vocational education for the training of skilled workers without Charging costs. Size and procedure for reimbursement of professional educational organizations for training orphans and children left without parental care, orphans and children left without parental care The parents shall be established by the normative legal acts of the State authorities of the constituent entities of the Russian Federation. (In the wording of the federal laws of 22 August 2004, N 122-FZ; of 17.12.2009 N 315-FZ; dated 02.07.2013. N 185-FZ) 3. Orphans and children deprived of parental care, orphans and children deprived of parental care in secondary vocational or higher education programmes of the corresponding budgets of the budget system of the Russian Federation, as well as students who have lost both parents or the sole parent, are credited to full state support until completion Training. (In the wording of the Federal Law of 31.12.2014) N500-FZ)During the period of training in secondary vocational or higher education programmes, in the form of appropriate budgets of the budget system of the Russian Federation for orphans and children deprived of parental care, for those who have lost both or the only parent during this period, if they reach the age of 23 years, the right to complete State security and additional guarantees of social support upon receipt Secondary vocational education or higher education before graduation. (In the wording of the Federal Law of 31.12.2014) N 500-FZ (Paragraph as amended by the Federal Law of 2 July 2013) N 185-FZ) 4. (Spconsumed by Federal Law of 17.12.2009). N 315-FZ) 5. Orphans and children without parental care, orphans and children deprived of parental care who are studying at the expense of the corresponding budget of the Russian Federation's budget system for basic education In accordance with the Federal Act No. 273-FZ "On education in the Russian Federation", the annual allowance for the purchase of educational literature is provided, together with full government support. 3-month written affiliation, as well as 100 per cent Wages accrued during the period of production training and production practices. (In the wording of federal laws of 17.12.2009). N 315-FZ; of 16.11.2011 N 318-FZ; dated 02.07.2013. N 185-FZ; 31.12.2014 N 500-FZ) Size and payment method for teaching materials and supplies, as well as wages accrued during the period of production training and production of the Russian Federation or local budgets. the principal educational programmes are established by the laws of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Paragraph is amended by the Federal Act of 22 August 2004. N 122-FZ) (Federal Law of 17.12.2009) N 315-FZ; of 16.11.2011 N 318-FZ; dated 02.07.2013. N 185-FZ; 31.12.2014 N 500-FZ) 6.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) 7. Alumni of educational organizations-orphans and children left without parental care, orphans and children left without parental care, who come to vacation, weekend and holiday These organizations may, by decision of their governing bodies, be admitted to free food and accommodation for the duration of their stay. (...) (...) N 185-FZ) 8. Alumni of organizations carrying out educational activities that have been trained in major educational programmes at the expense of the federal budget-orphans and children left without parental care, orphans and children, without parental care, with the exception of persons who continue to be trained in basic education programmes using the federal budget, they are funded on one occasion at the expense of the organizations in which they were trained and (or) Contain, raised, clothing, footwear, soft implements and Equipment according to the standards approved by the Government of the Russian Federation, as well as a one-time cash benefit of not less than 500 rubles. At the request of the alumni, he may be given a monetary compensation in the amount necessary for the purchase of the clothing, footwear, soft equipment and equipment, or such compensation may be transferred to an account or accounts opened in the name of the alumni in banks or banks, provided that these funds, including the capitalized interest, are insured in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation and total size funds held in the account or accounts in one bank does not exceed Federal Act No. 177-FZ of 23 December 2003 on "Insurance of deposits of natural persons in banks of the Russian Federation". (In the wording of the federal laws of April 4, 2014). N 333-FZ; 31.12.2014 N 500-FZ)Graduates of educational organizations studying major educational programmes from the budgets of the constituent entities of the Russian Federation or local budgets- Orphans and children without parental care, orphans and children deprived of parental care, with the exception of those who continue to be trained in basic education through the budget of the constituent entities of the Russian Federation or local budgets, of the Russian Federation. (In the wording of the Federal Law of 31.12.2014) N 500-FZ (Paragraph as amended by the Federal Law of 2 July 2013) N 185-FZ 9. Provision of educational leave for orphans and children left without parental care to orphans and children left without parental care shall be maintained for the full period of full state security, shall be paid a stipend. The organization carrying out educational activities contributes to the organization of their treatment. In the wording of federal laws of 17.12.2009 N 315-FZ; dated 02.07.2013. N 185-FZ) 10. Orphans and children deprived of parental care, of orphans and children left without parental care, funded by the federal budget for basic education programmes, are provided for Free travel to urban, suburban and rural areas in the inland transport (except taxis), as well as free travel once a year to the place of residence and back to the place of study. (In the wording of federal laws of 17.12.2009). N 315-FZ; of 16.11.2011 N 318-FZ; dated 02.07.2013. N 185-FZ; 31.12.2014 N500-FZ)How orphans and children left without parental care of orphans and children left without parental care The budgets of the constituent entities of the Russian Federation or local budgets for major educational programmes, urban, suburban, rural and intra-district transport (except taxis), as well as travel once a year to their place of residence and to the place of study is determined by the legal acts of the subjects of the Russian Federation. (In the wording of federal laws of 17.12.2009). N 315-FZ; of 16.11.2011 N 318-FZ; dated 02.07.2013. N 185-FZ; 31.12.2014 N 500-FZ) (Paragraph in the wording of Federal Law of 22.08.2004) N 122-FZ) Article 7. Additional guarantees of the right to medical care (In the wording of the Federal Law 25.11.2013. N 317-FZ) 1. Orphans and children without parental care, as well as orphans and children left without parental care, are provided with free medical care in the medical organizations of the State system Health and municipal health systems, including high-tech medical care, medical examinations, rehabilitation, regular medical examinations and referral for treatment of the Russian Federation The federal budget is allocated by the federal executive body responsible for the formulation and implementation of public policies and regulations in the area of health. class="ed"> (In the wording of the federal laws of 22.08.2004 N 122-FZ; dated 02.07.2013. N 167-FZ 2. Orphans and children left without parental care, orphans and children left without parental care are provided with tours to health camps, to health resorts and to health resorts, and Travel to and from the place of treatment. (In the wording of the federal laws of 22 August 2004, N 122-FZ; dated 02.07.2013. N 167-FZ; dated 02.07.2013. N 185-FZ; of 25.11.2013 N 317-FZ) Article 8. Additional warranty of property rights and apartment building 1. Orphans and children without parental care, orphans and children deprived of parental care who are not tenants of residential premises under social contract or tenant's family The premises of the social contract or the owners of dwellings, orphans and children left without parental care, orphans and children deprived of parental care who are the employers of the dwelling premises under the social contract or family of the tenant's family According to the contract of social hire or owners of residential premises, if their residence in the previously occupied residential premises is recognized as impossible, the executive authority of the constituent entity of the Russian Federation the place of residence of these persons, in accordance with the procedure established by the legislation of that subject of the Russian Federation, is provided on a number of occasions to the furnished accommodation of a specialized housing fund under the contracts for the employment of specialized residential units. premises. The accommodation shall be provided to the persons referred to in the first paragraph of this paragraph when they reach the age of 18, and if they acquire full legal capacity before reaching the age of majority. In the cases provided for in the legislation of the constituent entities of the Russian Federation, accommodation may be provided to persons referred to in the first paragraph of this paragraph before they reach the age of 18. According to the written form of the persons referred to in the first paragraph of this paragraph who have reached the age of 18, the accommodation shall be provided to them upon completion of their stay in educational organizations and social organizations. Services, institutions of the health system and other institutions established by law for orphans and children deprived of parental care, as well as at the completion of vocational training or completion Military service on appeal or completion of sentence Correctional Services. (In the wording of the federal laws of 2 July 2013, } N 185-FZ; dated 28.11.2015. N358-FZ) 2. The executive authorities of the constituent entities of the Russian Federation are required to monitor the use of the accommodation and/or the administration of residential premises, employers or family members of employers under the social contract, or Owners of which are orphans and children left without parental care, ensuring the proper sanitary and technical condition of these dwellings. 3. The executive authorities of the constituent entity of the Russian Federation, in accordance with the procedure established by the law of the constituent entity of the Russian Federation, shall establish a list of orphans and children left without parental care, orphans and children left without parental care. parents who are to be provided with accommodation (hereinafter referred to as the list) in accordance with paragraph 1 of this article. The list includes the persons referred to in paragraph 1 of paragraph 1 of this article who have reached the age of 14 years. Orphans and children left without parental care, orphans and children left without parental care, living accommodation in accordance with paragraph 1 of this article is the basis for exclusion of these persons from the list. 4. The survival of orphans and children left without parental care, orphans and children left without parental care, in previously occupied premises, employers or members of the employers ' families, or The owners of which they are, shall be deemed to be impossible if this is contrary to the interests of the said persons in connection with one of the following circumstances: 1) residence on any legal basis in such accommodation: of orphans and children deprived of parental rights, Left without parental care, orphans and children deprived of parental care (subject to the court's decision to deny forced exchange of accommodation in accordance with article 72, part 3) Housing Code of the Russian Federation); suffers from a severe form of chronic diseases in accordance with article 51, paragraph 4, of the Housing Code of the Housing Code of the Russian Federation. 1 accommodation not possible; 2) living quarters are not suitable for of the Permanent Mission of the Russian Federation to the United Nations. living in a given dwelling, less the standard of living space, including if such a decrease occurs as a result of the accommodation of orphans and children left without parental care Orphans and children without parental care; 4) other OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Procedure for determining whether orphans and children deprived of parental care have been left without parental care, orphans and children deprived of parental care in previously occupied premises, employers or family members The employers under the social contract or the owners of which they are the owners shall be established by the law of the constituent entity of the Russian Federation. 6. The contract for the employment of a specialized dwelling provided under paragraph 1 of this article shall be five years. In the event that there is evidence of the need to assist the persons referred to in paragraph 1 of this article in overcoming the difficult situation of life, the contract of employment of a specialized dwelling may be A new five-year term was established by the decision of the executive branch of the constituent entity of the Russian Federation. The procedure for the identification of these circumstances shall be established by the law of the constituent entity of the Russian Federation. The contract for the employment of a specialized dwelling may not be concluded more than once for a new term of five years. At the end of the term of the contract of employment of the specialized accommodation and in the absence of circumstances indicating the need to assist the persons referred to in paragraph 1 of this article in overcoming the difficult situation The executive branch of the constituent entity of the Russian Federation, which is responsible for the management of the State housing stock, is obliged to make a decision on the exclusion of residential premises from the specialized housing stock and to conclude with persons, of this article, the contract of social employment in respect of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. Under the contracts for the employment of specialized accommodation, they shall be provided to the persons referred to in paragraph 1 of this article, in the form of housing units, apartments in the conditions of the relevant settlement, by the rules of provision The living space under the social contract. 8. Additional guarantees for the rights of orphans and children left without parental care, orphans and children deprived of parental care, property and living quarters refer to the obligations of the constituent entity of the Russian Federation. 9. The right to accommodation on the grounds and in accordance with the procedure provided for in this article shall be maintained for persons who are orphans and children deprived of parental care, orphans and children, who were left without parental care, and reached the age of 23, before the actual accommodation of their living quarters. (Article in the wording of Federal Law dated 29.02.2012 N 15-FZ) Article 9. Additional guarantees of the right to work 1. The State Employment Service (hereinafter referred to as the Employment Service) for the treatment of orphans and children left without parental care, between the ages of 14 and 18 years of age, shall carry out a promotion work with and provide for the diagnosis of their suitability for health. (In the wording of Federal Law of 10.01.2003) N 8-FZ) 2.(Spconsumed by Federal Law of 22.08.2004) N 122-F) 3. Officials responsible for violations of the terms of employment contracts governing their relationship with orphans and children left without parental care, children who are orphans and children deprived of parental care, are responsible in accordance with the procedure established by the legislation of the Russian Federation. (In the wording of Federal Law of 17.12.2009) g. N 315-FZ) 4.(Spconsumed by Federal Law of 22.08.2004) N 122-F) 5. For the first time and registered in the State employment service as unemployed, orphans, children left without parental care, orphans and children deprived of parental care are paid Unemployment benefit for six months at the level of the average wage in the country, the province, the region, the cities of Moscow and St. Petersburg, the Autonomous Region, the Autonomous District. The employment services provide vocational guidance during that period, for vocational training or additional vocational training, organize the employment of persons in this category. In the wording of Federal Law No. N 442-FZ) 6. Child orphans and children left without parental care for children who are orphans and children left without parental care States, employers (their successors) are obliged to provide their own means with the necessary vocational training, with subsequent employment in this or other organization. (In the wording of Federal Law of 17.12.2009) N 315-FZ) Article 10. Judicial protection of the rights of orphans and children deprived of parental care Protection of children's rights: orphans and children deprived of parental care, as well as their legal representatives, tutors (guardians), guardianship and custody The Guardianship and the Public Prosecutor have the right to apply to the appropriate courts of the Russian Federation in accordance with the established procedure. Children who are orphans and children deprived of parental care are entitled to free legal aid under the Federal Act on free legal aid in the Russian Federation. (Part of the addition is the Federal Law of December 21, 2011). N 326-FZ) Article 11. This is the responsibility of the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } failure. The officials of the State authorities of the Russian Federation, the State authorities of the constituent entities of the Russian Federation and local authorities are responsible for not complying with the provisions of this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Legal acts of the federal executive authorities, taken in violation of this Federal Act, which restrict the rights of orphans and children left without parental care, orphans and children, without parental care, or establishing such a procedure for the exercise of these rights, which makes their use very difficult, shall be deemed null and void in the manner prescribed by law. (In the wording of Federal Law of 17.12.2009) N 315-FZ 3. The failure or improper performance of public authorities by officials of the federal authorities in accordance with this Federal Act entails disciplinary, administrative, criminal or administrative duties. OF THE PRESIDENT OF THE RUSSIAN FEDERATION CONCLUDING PROVISIONS Article 12. Bringing legal acts into line with present Federal Law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its legal acts into conformity with the present Federal law. Article 13. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Article 6, paragraphs 5 and 6, of article 9, paragraph 5, of this Federal Act shall enter into force on 1 January 1998. President of the Russian Federation B. Yeltsin Moscow, Kremlin 21 December 1996 N 159-FZ