On The State Databank On Children Left Without Parental Care

Original Language Title: О государственном банке данных о детях, оставшихся без попечения родителей

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102070626

RUSSIAN FEDERATION FEDERAL LAW on the State databank on children without parental care adopted by the State Duma March 15, 2001 year approved by the Federation Council April 4, 2001 year (as amended by the federal laws from 23.07.2008 N 160-FZ;
from 30.12.2008 N 313-FZ; from 27.11.2010 N 200-FL;
from 19/07/2011 N 248-FZ; from 03.12.2011 N 378-FZ;
from 07.05.2013 N 99-FL; from 02.07.2013 N 167-FZ;
from 08.03.2015 N 23-FZ) this federal law shall establish the procedure for the formation and use of the State databank on children left without parental care.
Chapter i. General provisions article 1. The basic concepts used in the present Federal law in this federal law uses the following concepts: the State databank on children left without parental care (hereinafter the State databank on children), is a set of State information resources, formed at the level of the constituent entities of the Russian Federation (regional data bank on children) and at the federal level (Federal data bank on children), information technology, permitting processes for the collection, processing , accumulation, storage, search, primary data on children without parental care, provide documented information about children without parental care and upbringing in a family device in accordance with the legislation of the Russian Federation, citizens wishing to adopt children in the care of their families, as well as of citizens wishing to adopt children in their families, bodies of executive power of the constituent entities of the Russian Federation that in cases stipulated by article 122 family code of the Russian Federation, organized placement of children deprived of parental care in foster families and the authorities responsible for tutelage and guardianship; (As amended by the Federal law of 02.07.2013 N 167-FZ) regional data bank on children-part State databank on children, which contains information for primary accounting and documented information about children without parental care residing in the territory of one of the constituent entities of the Russian Federation and not by agencies of tutorship and guardianship of foster family at the place where such children, as well as the documented information about citizens wanting to take children to their families; (As amended by the Federal law of 02.07.2013 N 167-FZ) Federal data bank on children-part State databank on children, which includes a set of regional data banks on children, as well as the documented information about citizens wishing to adopt children in their families; (As amended by the Federal law of 02.07.2013 N 167-FZ) Federal State Bank statement data on children (hereinafter-Federal operator)-Federal body of executive power, defined by the Government of the Russian Federation, in accordance with article 122 of the family code of the Russian Federation;
regional operator of public data bank on children (hereinafter the regional operator)-the Executive authority of the Russian Federation, which in cases stipulated by article 122 family code of the Russian Federation, arranges placement of children deprived of parental care in foster families;
citizens wishing to adopt children in their families, citizens of the Russian Federation permanently resident in the territory of the Russian Federation and wishing to adopt children without parental care, take them under tutorship (guardianship) or with foster families, as well as citizens of the Russian Federation permanently resident outside the Russian Federation, foreign citizens and stateless persons wishing to adopt children without parental care , in the presence of grounds, established by the legislation of the Russian Federation.
Article 2. Legislation on State databank on children Legislation on State databank on children is based on the provisions of the Constitution of the Russian Federation, the family code of the Russian Federation, federal laws in the field of personal data, information, information technology and protection of information and consists of this federal law and other normative legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation. (As amended by the federal laws of 11 N 200-FZ; 07.05.2013 N 99-FZ), Article 3. The goal of the formation and use of public data bank on children Goals of formation and use of public data bank on children are: implementation of the register of children deprived of parental care;
assisting in the placement of children deprived of parental care in foster families of citizens of the Russian Federation permanently resident in the territory of the Russian Federation;
create conditions for the realization of the rights of citizens wishing to adopt children in their families to receive complete and reliable information about children without parental care;
implementation of citizens wishing to adopt children in their family. (The paragraph is supplemented by federal law from 02.07.2013 N 167-FZ)

Article 4. Mandatory requirements for the formation and use of public data bank on children 1. Mandatory requirements for the formation and use of public data bank on children are: Standardization of documented information about children without parental care and persons wishing to adopt the children in their family, and her program-technical provision (including harmonization processes input, processing, storage, recovery, duplication and provide specified information) in order to create a unified communications Wednesday regional data banks on children and federal data bank on children;
use information about children without parental care and persons wishing to adopt children in their families, solely for the purpose of forming and using the State databank on children;
completeness and accuracy of the documented information about children without parental care and persons wishing to adopt the children in their families;
documented security information when it is processed, including the adoption of the necessary legal, organizational and technical measures to protect against misuse of documented information or random access, destruction, modification, blocking, copying, lending, distribution and other misconduct in respect of documented information. (As amended by the Federal law of 07.05.2013 N 99-FZ)
2. the State databank on children is shaped like the State information resources shared by the Russian Federation and constituent entities of the Russian Federation. (As amended by the Federal law of 11 N 200-FZ)
3. the State registration of the State databank on children is carried out by the federal body of executive power executing control and supervisory functions in the sphere of information technologies and communications. (As amended by the Federal law of 11 N 200-FZ)
4. (repealed-Federal Act of 19/07/2011 N 248-FZ), chap. II. The formation of the State databank on children, article 5. Compulsory provision of information to public data bank on children 1. For the formation of a regional data bank on children the care and guardianship authorities are obliged to provide regional operator information about each child remaining without parents ' care, within the terms established by article 122 of the family code of the Russian Federation. (As amended by the Federal law of 02.07.2013 N 167-FZ)
2. To form a federal data bank on children regional operators are obliged to provide federal operator information about children without parental care. (As amended by the Federal law of 02.07.2013 N 167-FZ)
3. the authorities referred to in paragraphs 1 and 2 of this article, provide mandatory information about children without parental care, in order to form a State databank on children do not lose their rights to the use of such information.
Providing information about children without parental care, regional operators or federal operator does not exempt the tutorship and guardianship authorities, executive bodies of the constituent entities of the Russian Federation from the obligation on the organization or device device of such children in foster families of citizens of the Russian Federation permanently resident in the territory of the Russian Federation.
4. a citizen who wishes to adopt a child in his family, itself provides information to the regional or federal operator operator.
Article 6. Documented information on children without parental care 1. Documented information on children without parental care (questionnaire for children left without parental care (hereinafter form), created for the purposes of article 3 of this federal law.
2. In the form of the child includes the following information: 1) surname, first name, middle name, sex, date and place of birth, citizenship, place of residence or the place where the child is left without parental care;
2) signs for children left without parental care (height, weight, eye color, hair and other signs);
3) the State of health of children left without parental care, his physical and mental development;
4) features of nature for children left without parental care (gregarious, introverted and other features);
5) ethnic origin of children left without parental care;
6) the reasons for the lack of parental care of a child;
7) name, surname, patronymic, date of birth, nationality, religious and cultural affiliation (if possible indicate such information), health status (if you have documentary evidence of such information), place of residence and/or place of residence of the parents or a single parent for children left without parental care;
8) surnames, names, patronymics, gender, date of birth, State of health (if you have documentary evidence of such information), place of residence and/or the location of juvenile siblings a child left without parental care;

9) name, surname, patronymic, date of birth, place of residence and/or place of residence other famous organs of guardianship and curatorship of adult relatives of the child without parental support, props documents confirming the refusal of these relatives to take such a child to be brought up in their families;
10) possible forms for children left without parental care in a family;
11) information on action taken by the agencies of tutorship and guardianship, regional operator and federal operator respectively on the device and assist device for children left without parental care, to upbringing in a family of citizens of the Russian Federation permanently resident in the territory of the Russian Federation;
12) information on termination (with reasons) accounting information about a child without parental care, remaining in the State databank on children.
The child's picture is attached to the application form for children left without parental care.
Article 7. Documented information about citizens wishing to adopt children in their families 1. Documented information on citizen zhelajushhem to take a child into their family (the questionnaire citizen who will take the child into his family (hereinafter-profile citizen) is created in order to integrate information about these citizens in the State databank on children, ensure access of citizens to information contained in a regional data bank on children and the Federal data bank on children of documented information about children deprived of parental care, as well as agencies of tutorship and guardianship facilitate such citizens in choosing children whom a citizen would take on his family upbringing. (As amended by the Federal law of 02.07.2013 N 167-FZ)
2. Documenting information about citizens wishing to adopt children in their families is carried out on the basis of their statements in writing when such citizens have statutory grounds to be adoptive parents, guardians or adoptive parents.
Before documenting information on citizen zhelajushhem to take a child into their family, regional or federal operator operator is obliged to acquaint the individual with a list of documented information about it, the reasons and purposes of documenting this information, order, order the cessation of the accounting information of the citizen zhelajushhem to take a child into their family, in the State databank on children. (As amended by the Federal law of 02.07.2013 N 167-FZ), Regional or federal operator operator within three days after receiving the information about the citizen, zhelajushhem to take children into their family, documented information about the given citizen in the appropriate data bank. (The paragraph is supplemented by federal law from 02.07.2013 N 167-FZ)
3. the form of the citizen includes the following information: 1) surname, first name, middle name, sex, date and place of birth, nationality, marital status, place of residence and/or place of residence, contact telephone number and details of the identity document of a citizen wishing to adopt a child in your family;
2) props conclusion the Agency of guardianship and curatorship at the place of residence of a citizen wishing to adopt a child in his family, about his ability to be an adoptive parent, guardian or foster parent or props opinion on the conditions and possibilities for a foreign citizen to be an adoptive parent, the relevant legislation on adoption, the State of nationality of the foreign national who wishes to adopt a child (a citizen of the Russian Federation who are permanently living outside the Russian Federation or stateless persons wishing to adopt the child, the law of the State in which a citizen or specified person has the permanent residence);
3) information about the child, which the citizen would take on education in his family;
3-1) information about the chosen citizen wishing to adopt children in his family, the form of the device in a family of children without parental care; (Supplemented by federal law from 02.07.2013 N 167-FZ) 4) directions issued by a citizen wishing to adopt a child in his family to visit his children left without parental care in the institution in which it is located, with an indication of the date of issuance of directions, surname, first name and patronymic of the child;
5), information concerning the citizen adopted the decision on the adoption of children left without parental care in their family or to renounce this decision together with the reasons for refusal;
6) information on termination (with reasons) accounting information about the citizen, zhelajushhem to take a child into their family, in the State databank on children.
Article 8. Confidential information about children without parental care and persons wishing to adopt the children in their families

1. Profile of the child and the profile of the citizen are in accordance with the legislation of the Russian Federation in the field of information, information technology and the protection of confidential information. Access to confidential information about children without parental care and persons wishing to adopt the children in their families is determined by article 11 hereof. (As amended by the Federal law of 11 N 200-FZ)
2. confidential information about children without parental care, may be used by regional operators and federal operator to create a derived information about children without parental support, and dissemination of this information through the publication in the mass media or other means in order to inform the population of the Russian Federation on children without parental care and subject to device in foster families. Use the derived information about children without parental care, for commercial purposes is not allowed.
With the creation and dissemination of such information shall not be possible to identify the child without parental support, his parents and other relatives.
Derived information about children without parental care, may be regarded as information such as gender, age, omens, except in specific, health status, physical and mental development, especially the nature of such children, the reasons for the lack of parental care, the health status of their parents, these children have juvenile siblings, their age and State of health, adult relatives and their refusal to adopt such children with their families as well as the possible forms of such children in foster families and photographs of such children.
Article 9. Termination of accounting information about children without parental care and persons wishing to adopt children in foster care with their families in the State databank on children 1. The reason of termination of the accounting information of the child remaining without parental care in the State databank on children is: a device for children left without parental care in a family;
the return of the child without parental support, his parents or parent;
achievement of a child deprived of parental care, the age of majority or acquire full legal capacity such a child before the child reaches the age of majority;
the death of a child left without parental care.
2. the termination of the accounting information of the citizen zhelajushhem to take a child into their family, in the State databank on children is: adoption of a citizen child in my family, except if a citizen wishes to take in foster children into their family (until expiry of the opinion of the Department of custody and guardianship of the opportunity to be an adoptive parent, guardian, or foster parent); (As amended by the Federal law of 02.07.2013 N 167-FZ) a statement in writing of the citizen who wants to adopt a child in his family, on the termination of the accounting information in the State databank on children;
change of circumstances that provide the citizen with the possibility to take a child into their family;
death of a citizen wishing to adopt a child in his family.
Chapter III. The use of the State databank on children, article 10. How to use the State databank on children 1. Access to information contained in the State databank on children is provided by regional operators and federal operator through the publication in the media or otherwise spread information about its activities (location, manner and mode of operation, list of services and other information). (As amended by the Federal law of 11 N 200-FZ)
2. citizens wishing to adopt children in foster care with their families the right to seek information about children without parental care, to any regional operator or the Federal operator of their choice.
3. Prerequisites for obtaining documented information about children without parental care, from a regional data bank on children or federal data bank on children are filing in writing statements by a citizen wishing to adopt a child in his family with a request to acquaint him with the relevant information and its compliance with the order of access to confidential information established in article 11 hereof.
4. the regional operator or federal operator no later than ten days from the date of receipt referred to in paragraph 3 of this article, the statements must consider its merits and provide citizen wishing to adopt a child in his family, he may request documented information or give a reasoned refusal in writing in its provision.

Such denial shall contain the grounds on which the requested documentation information cannot be given, the date of adoption of the decision on such refusal, as well as the procedure for appealing against such decisions.
5. When citizens wishing to adopt children in foster care with their families, to regional or federal operator the operator they are obliged to provide such citizens at their request with information on normative legal acts, regulating the conditions and procedure for the placement of children deprived of parental care in foster families, as well as advisory and other reference materials that can assist them in dealing with issues on the acceptance of children deprived of parental care to their families.
6. The agencies of tutorship and guardianship, regional operators and federal operator exercise the use of the regional banks of data on children and the Federal data bank on children through the sharing of proprietary information.
During this exchange of regional operators and federal operator must ensure the protection of confidential information about children without parental care and persons wishing to adopt the children in their families, in order to avoid unauthorized access, as well as its accidental or unauthorized modification, destruction, or loss.
Each case sharing specified confidential information shall be subject to mandatory registration.
7. The use of the State databank on children is provided free of charge.
Article 11. Access to confidential information about children without parental care and persons wishing to adopt the children in their families 1. Access of citizens wishing to adopt children in their families, confidential information about children without parental care is subject to document the information on such persons in accordance with article 7 of this federal law.
These citizens to access confidential information on children without parental care are subject to possible forms of placement of children in foster families.
2. citizens of the Russian Federation who are permanently living outside the Russian Federation, foreign citizens and stateless persons wishing to adopt a child have the right to have access to confidential information only about those children without parental care, in respect of which had established the family code of the Russian Federation the grounds of adoption referred to citizens and persons, if the relevant questionnaire of the child information on measures taken by the authorities responsible for tutelage and guardianship regional operator and federal operator on the device (device assistance) for children left without parental care, to upbringing in a family of citizens of the Russian Federation permanently resident in the territory of the Russian Federation.
3. Right of access to confidential information about citizens wishing to adopt children in their family, and the right to make the necessary changes and additions have only those citizens and persons, confidential information of which is documented.
4. Regional operators and federal operator required to provide confidential information about children without parental care and persons wishing to adopt the children in their families, in court, the offices of the Prosecutor, bodies of inquiry or investigation, the agencies of tutorship and guardianship, the Government of the Russian Federation, the Commissioner for human rights in the Russian Federation, Authorized the President of the Russian Federation on the rights of the child or by the Commissioner for the rights of the child in the constituent entities of the Russian Federation for their needs. (As amended by the federal laws from 03.12.2011 N 378-FZ; from 02.07.2013 N 167-FZ) Article 12. The procedure for the provision of confidential information about children without parental care 1. Confidential information about children without parental care shall be made available in writing personally to the citizen, which have documented information in the State databank on children for consultation within the period stipulated in article 10 hereof.
Specified confidential information is provided to a citizen, at his request, of all children without parental care, documented information about which is contained in the regional data bank on children or the Federal data bank on children and complies with the information about the child, which the citizen would take on his family upbringing.
If some citizens indicated the same information about children, which would take in foster care with their families priority in obtaining relevant confidential information about children without parental care, has a citizen, period of accounting information about where in the State databank on children set earlier than on other citizens.

2. when selecting a child left without parental care, a citizen who wishes to adopt a child in his family, is issued by the operator or the operator's regional federal direction in the establishment in which the child is placed for his visit with the notification to the Agency of guardianship and curatorship at the place where the child without parental support. On the issued direction in the form of a child and the questionnaire relevant notes are made by citizen.
3. If in a regional data bank on children or the Federal data bank on children does not exist a citizen wishing to adopt a child in his family, confidential information corresponding to the information specified in paragraph 1 of this article, based on an application in writing, the individual continues to search for the child, which the citizen would take on his family, upbringing or terminated account information about such citizen in the State databank on children.
Notice in writing of a citizen wishing to adopt a child in his family, on the results of the search a specified child shall be carried out by regional or federal operator operator in each case, the new information about children without parental care (subject to their compliance with the information specified in paragraph 1 of this article), but not less than once per month.
Article 13. Protection of the right of citizens to obtain information the unjustified refusal of access to the information contained in the State databank on children providing knowingly false information about children without parental care, concealment of such information and other wrongful acts which violate the right of citizens to receive the information or create obstacles to the exercise of such rights may be appealed to the Court in the manner prescribed by the law on administrative judicial procedure. (As amended by the federal laws of 11 N 200-FL; from 08.03.2015 N 23-FZ) Article 14. Liability for violation of this federal law, violators of this federal law, shall be liable in accordance with the legislation of the Russian Federation.
Article 15. The procedure for the formation, management and use of the State databank on children (as amended by the Federal law of 02.07.2013 N 167-FZ) the procedure for the formation, management and use of the State databank on children, lists of the information contained in it, the list and form of documents required for the formation, management and use of the State databank on children, the procedure for storage of such documents, the procedures for monitoring the formation, management and use of public data bank on children are determined by the Government of the Russian Federation authorized federal body of executive power. (As amended by the federal laws from 23.07.2008 N 160-FZ; from 02.07.2013 N 167-FZ), chap. IV. Final provisions Article 16. The entry into force of this federal law 1. This federal law shall enter into force six months after the date of its official publication.
2. pending the entry into force of this federal law a central register of children deprived of parental care is carried out in accordance with the procedure established by the Government of the Russian Federation.
Article 17. Enforcement of regulatory legal acts in accordance with this federal law, the Government of the Russian Federation within six months from the date of adoption of this federal law: bring its normative acts in compliance with this federal law;
to issue regulations to ensure the implementation of this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow April 16, 2001 N 44-FZ