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On Introducing Changes And Additions Into The Family Code Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Семейный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Family Code of the Russian Federation adopted by the State Duma on June 5, 1998 of the Federation Council on 10 June 1998 Article 1. In order to ensure the rights and legitimate interests of children in adoption and adopted children, increase of state control over adoption to Family Code of the Russian Federation, 1996, N 1, Art. 16) the following changes and additions: 1. In article 122: paragraph 3 should read " 3. The tutelage and guardianship authorities shall, within one month from the date of receipt of the particulars referred to in paragraphs 1 and 2 of this article, provide for the child's device (art. 123 of this Code) and, if it is not possible to transfer the child to foster care, Information on such a child after the expiry of that period in the relevant executive body of the constituent entity of the Russian Federation. The executive authority of the constituent entity of the Russian Federation, within one month after the receipt of the information on the child, organizes his device to the family of citizens living in the territory of the constituent entity of the Russian Federation, and in the absence of such information. Such opportunity shall transmit the information to the federal executive authority, as defined by the Government of the Russian Federation, to take into account in the State Bank data on children deprived of parental care and to assist in the The subsequent placement of a child with a family of citizens of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The procedure for the formation and use of data on children left without parental care by the State Bank is determined by the federal law. "; Articles, as well as officials of the executive authorities of the constituent entities of the Russian Federation and the guardianship authorities, "shall be replaced by the words" heads of institutions and officials of the bodies referred to in paragraphs 2 and 3 of this article ". 2. In article 124: , in paragraph 1, delete the words "or adoption" after the words "in their interest" with the words " subject to the requirements of paragraph 1 of article 123, paragraph 1, of the present Code, and taking into account the possibilities of Ensure that children have full physical, mental, spiritual and moral development. "; , in the second paragraph of paragraph 3, the words" the placement of these children in a central register "should be replaced by the words" the flow of information about such children in State databank on children deprived of parental care, "; add the following new paragraph 1: " 1. Adoption (hereinafter referred to as adoption) is a priority for the placement of children left without parental care. "; paragraphs 1, 2 and 3, respectively, consider paragraphs 2, 3 and 4, respectively. 3. In article 125: , paragraph 2, paragraph 1, should read: "The adoption of children shall be tried by the court, with the mandatory participation of the adoptive parents, the guardianship authorities, and the procurator." add a new paragraph 2 as follows: " 2. In order to establish the adoption of a child, a guardianship and trusteeship body is required to determine the validity of the adoption and whether it is in the interests of the adopted child, indicating the identity of the adopter (s) of the adoptee. adopted by the child. The Government of the Russian Federation determines the procedure for the transfer of children for adoption, as well as the monitoring of the living conditions and upbringing of children in the adoptive families in the Russian Federation. "; Be considered as paragraph 3. 4. Supplement the Code with article 126-1 as follows: " Article 126-1. Inadmissibility of intermediary adoption activities 1. Intermediations for the adoption of children, i.e. any activity of other persons for the purpose of selection and transfer of children for adoption on behalf of and for the benefit of persons wishing to adopt children, is not permitted. 2. It is not an intermediary for the adoption of children by the guardianship and trusteeship bodies and the executive authorities in the performance of their duties to identify and identify children deprived of parental care, and The activities of specially authorized foreign States of bodies or organizations for the adoption of children, which are carried out in the territory of the Russian Federation by means of an international treaty of the Russian Federation or on the basis of the principle of reciprocity. The bodies and organizations referred to in this paragraph may not pursue commercial objectives in their activities. The Government of the Russian Federation shall determine the procedure for the operation of children in the territory of the Russian Federation and the procedure for monitoring its implementation by the Government of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The mandatory personal participation of persons (persons) wishing to adopt a child in the process of adoption shall not deprive them of their right to have their own representative, whose rights and obligations are established by civil and civil procedural legislation, and Also use the services of an interpreter if necessary. 4. The legislation of the Russian Federation establishes the responsibility for the mediation of the adoption of children. " In article 127: paragraph 1, add the following paragraphs to the eighth, ninth, tenth, reading: " persons who at the time of adoption do not have the income that provides for the living wage for the child to be adopted, A resident of the Russian Federation, in whose territory the adoptive parents (the adoptive parents) reside; persons who do not have a permanent place of residence, as well as a dwelling that meets the established sanitary and technical facilities Requirements; persons having a criminal record at the time of adoption Intentional crime against the life or health of citizens. "; add the following to paragraph 3: " 3. Where there are a number of persons wishing to adopt the same child, priority is given to the relatives of the child, provided that the requirements of paragraphs 1 and 2 of this article and the interests of the adopted child are complied with. " 6. Article 129, paragraph 3, should read: " 3. Parents may consent to the adoption of a child by a specific person or without specifying a person. The consent of the parents to adopt a child may be given only after birth. ". 7. In article 165: , in paragraph 1: , in the second paragraph, replace "124-126 and 129-132" with "124-126, article 127 (except paragraph 8, paragraph 1), articles 128 and 129, article 130 (except paragraph 5), articles 131-133"; after the words "of this Code" should be supplemented by the words "taking into account the provisions of the international treaty of the Russian Federation on inter-State cooperation in the field of adoption of children."; to add a new paragraph to the following: " Adoption in the Russian Federation by foreign citizens or stateless persons who are married to citizens of the Russian Federation and children who are citizens of the Russian Federation shall be produced in accordance with the procedure established by this Code for citizens of the Russian Federation, if any. is not otherwise provided by the international treaty of the Russian Federation. "; paragraph 3 is considered to be paragraph 4; to add a new paragraph 3 reading: " 3. Protection of the rights and legitimate interests of children who are citizens of the Russian Federation and adopted by foreign nationals or stateless persons outside the territory of the Russian Federation, unless otherwise provided by an international treaty OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation defines the procedure for registration of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons by the consular authorities of the Russian Federation. Federation. "; paragraph 3 read as paragraph 4. Article 2. This Federal Law shall enter into force on the date of its official publication, with the exception of the second paragraph of article 125, paragraph 2, of article 126-1, paragraph 2, of article 165, paragraph 2, of article 165, which of the Russian Federation. Before the introduction of the federal law on the procedure for the formation and use of the data on children deprived of parental care by the State Bank, the procedure established by the Government of the Russian Federation remains in force The organization of central records of children deprived of parental care, which operates in a way that is not contrary to this Federal Act. Article 3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. Prey to bring the normative legal acts of the President of the Russian Federation and the Government of the Russian Federation into conformity with this Federal Act, these acts are applied in so far as they do not contradict of this Federal Act. Article 4. To recommend to the Government of the Russian Federation to initiate the conclusion of international agreements of the Russian Federation on inter-State cooperation in the field of adoption of children, while ensuring the monitoring of conditions of life and upbringing. adopted children, who are citizens of the Russian Federation, outside the territory of the Russian Federation. President of the Russian Federation B. Yeltsin Moscow, Kremlin 27 June 1998 N 94-FZ