On The State Databank On Children Left Without Parental Care

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

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RUSSIAN FEDERATION FEDERAL LAW About the State Bank for Children, Left without parental care Adopted by the State Duma on 15 March 2001 Approved by the Federation Council on April 4, 2001 23.07.2008 N 160-FZ; of 30.12.2008 N 313-FZ; of 11.07.2011 N 200-FZ; 19.07.2011 N 248-FZ; dated 03.12.2011 N 378-FZ; of 07.05.2013 N 99-FZ; dated 02.07.2013. N 167-FZ; dated 08.03.2015 N 23-FZ) This Federal Law establishes the procedure for the formation and use of the State data bank on children left without parental care. Chapter I. General Article 1. Basic concepts used in this Federal Law The following basic concepts are used in this Federal Act: State Bank for Children without Care Parents (hereinafter referred to as the State Bank for Children), a set of government information resources formed at the level of the constituent entities of the Russian Federation (regional data bank on children) and at the federal level children), information technology enabling The process of collecting, processing, storing, storing, searching, and recording of data on children deprived of parental care, providing documented information on children deprived of parental care and placement in education OF THE PRESIDENT OF THE RUSSIAN FEDERATION in the cases established by article 122 of the Family Code The Russian Federation organizes the placement of children deprived of parental care in the family and in the guardianship authorities; (as amended by the Federal Act dated 02.07.2013 N 167-FZ the regional children's data bank-a part of the State data bank on children, containing primary records and documented information on children left without parental care, who reside in the territory of one of the constituent entities of the Russian Federation and are not arranged by the tutelage and guardianship authorities to bring up the actual presence of such children, as well as documented information on citizens wishing to accept children Education in their families; Law of 02.07.2013. N 167-FZ the Federal Child Information Bank-a part of the children's data bank, which includes a set of regional children's data banks, as well as documented information on citizens wishing to accept children Family education; (As amended by the Federal Law of 2 July 2013). N 167-FZ) Federal operator of the State Bank for Children (hereafter referred to as a federal operator), a federal executive body designated by the Government of the Russian Federation in accordance with article 122 Family Code of the Russian Federation; regional operator of the state data bank on children (hereinafter referred to as the regional operator)-body THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION to accept them under guardianship or foster care, as well as OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Legislation on the State Data Bank on Children The State Data Bank legislation on children is based on the Constitution of the Russian Federation, Family Code of the Russian Federation, personal data, information, information and Protection of Information and consists of this Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102070626&backlink=1 & &nd=102149375 "target="contents" title= " "> dated 11.07.2011 N 200-FZ; dated 07.05.2013 N 99-FZ) Article 3. The goal of the development and use of the State data bank on children The purpose of the formation and use of a State data bank on children is: Parental guidance; assisting in the placement of children left without parental care in the family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation; of the right of citizens wishing to take children to be brought up in their families, To receive full and reliable information on children left without parental care; take account of citizens who wish to take children in their families. (The paragraph is amended by the Federal Law of 2 July 2013. N 167-FZ) Article 4. Mandatory requirements for the formation and use of a State data bank on children 1. Mandatory requirements for the formation and use of a State data bank on children are: standardization of documented information on children left without parental care, and citizens wishing to accept children Family education and its technical and technical support (including harmonization of input, processing, storage, recovery, duplication and reporting) to create a unified communications environment for the regional Data banks on children and the federal data bank on children; Use of information on children left without parental care and citizens wishing to take children to their families for the sole purpose of forming and using a State data bank on children; completeness and the reliability of documented information on children left without parental care and citizens wishing to take children to their families; including the adoption of the necessary legal, organizational and Technical measures to protect documented information from unauthorized or accidental access to it, destruction, alteration, blocking, copying, distribution, distribution and other misconduct documented Information. (In the wording of the Federal Law of 07.05.2013) N 99-FZ 2. The State Bank of Information on Children is formed as state information resources, which are jointly managed by the Russian Federation and the constituent entities of the Russian Federation. (In the wording of the Federal Law of 11.07.2011 N 200-FZ 3. State registration of the State Bank for Children is carried out by the federal executive branch of the, which is responsible for monitoring and oversight of information technology and communication. class="ed"> (In the wording of the Federal Law of 11 July 2011 N 200-FZ 4. (Spconsumed by Federal Law 19.07.2011) N 248 FZ) Chapter II. Formation of the State Bank data on children Article 5. Mandatory reporting for formation of a state databank on children 1. In order to form a regional databank on children, the tutelage and guardianship authorities are required to provide the regional operator with information on each child left without parental care within the time limit prescribed by article 122 Family Code of the Russian Federation. (In the wording of the Federal Law of 2 July 2013) N 167-FZ ) 2. In order to form a federal bank for children, regional operators are required to provide information to the Federal operator on children deprived of parental care. (In the wording of the Federal Law of 2 July 2013) N 167-FZ ) 3. The authorities referred to in paragraphs 1 and 2 of this article, which provide mandatory information on children without parental care, to form a State data bank on children shall not lose their rights to use such children. detail. The provision of information on children deprived of parental care to regional operators or to a federal operator does not exempt the guardianship and trusteeship bodies, the executive authorities of the constituent entities of the Russian Federation from their duties OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. A citizen wishing to take a child to be brought up in his or her family provides information about himself to the regional operator or to the federal operator. Article 6. Documented information about children without parental care 1. Documented information on children left without parental care (a questionnaire of a child left without parental care (hereinafter referred to as a child proforma) is established for the purposes set out in article 3 of this Federal Law. 2. The child's questionnaire includes the following information: 1) the family name, first name, patronymic, sex, date and place of birth, nationality, place of residence or location of the child left without parental care; 2) the child, without parental care (height, weight, eye color, hair and other attributes); (3) the state of health of a child left without parental care, physical and mental development; 4) features of the nature of the child, left without parental care (social, closed and other characteristics); 5) the ethnic origin of a child left without parental care; 6) the reason for the absence of parental custody; 7) the family name, patronymic, date of birth, nationality, affiliation to a particular religion and culture (if possible), state of health (if documented), place of residence and/or place of residence of the parents or the sole parent a child left without parental care; 8) Name, patronymic, sex, date of birth, state of health (if there is documentary evidence of such information), place of residence and/or location of minor brothers and sisters of the child left without parental care; 9) the names, patronymic names, dates of birth, place of residence and/or place of residence of other known guardianship and trusteeship authorities of adult relatives of a child left without parental care. refusal of the said relatives to take such a child into their own families; 10) possible forms of placement of a child left without parental care; 11) information on the measures taken by the tutorship and guardianship authorities, the regional operator and the federal operator In order to assist in the placement and placement of children left without parental care in the family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation; termination (giving reasons) for the recording of the child's remaining custody of parents, in the State database on children. A photograph of a child left without parental care is attached to the child's questionnaire. Article 7. Documented information about citizens who want to take children to their families 1. Documented information about a citizen wishing to take a child into his or her family (a questionnaire of a citizen wishing to take a child to be brought up in his or her family (hereinafter referred to as a citizen)) is established in order to take into account the information about such citizens in the State data bank on children, ensuring access of such citizens to the children's and federal data bank data on children of documented information on children left without care of the parents, as well as the provision of assistance by the tutelage and guardianship authorities Citizens in the choice of children whom the citizen wishes to take in their family. (In the wording of the Federal Law 02.07.2013 N 167-FZ ) 2. Documenting information on citizens wishing to take children to their families is carried out on the basis of their written statements, provided that such citizens have legal grounds to be adoptive parents or guardians. (by the trustees) or by the adoptive parents. Before documenting information about a citizen wishing to take a child into his or her family, a regional operator or a federal operator is obliged to acquaint the citizen with a list of documented information about him, The reasons and objectives of documentation of this information, the procedure for using it, the procedure for stopping records of a citizen wishing to take a child to be raised in their family, in a State data bank on children. (In the wording of the Federal Law of 2 July 2013) N 167-FZ ) A regional operator or a federal operator, within three days of receiving information about a citizen wishing to take children to his or her family, shall post documented information about the specified citizen in the relevant data bank. (The paragraph is amended by the Federal Law of 2 July 2013. N 167-FZ ) 3. The following information is included in the citizen's questionnaire: 1) the name, first name, patronymic, sex, date and place of birth, nationality, marital status, place of residence and/or place of residence, contact telephone number and details of the document, Persons wishing to take a child to be raised in their family; 2) details of the guardianship and trusteeship authority at the place of residence of a citizen wishing to take a child to be raised in his or her family be the adoptive parent, guardian or foster parent, or -Imprisonment of an opinion on the living conditions and the possibility of a foreign citizen to be an adopter in accordance with the legislation on adoption of the State of which a foreign citizen is a citizen who wishes to adopt a child (in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) of whom a citizen would like to be brought up in his family; 3-1) information about an elected citizen who wishes to take children to be raised in his or her family, the form of placement in the family of children left without care Parents; (Sub-paragraph is amended by the Federal Law of 2 July 2013. N 167-FZ ) 4) information about the directions given to a citizen wishing to take a child into his or her family to visit the child left without parental care in the institution in which he/she is located, with the date of issuance of the directions, surname, first name, patronymic of the child indicated; 5) information on the decision taken by the citizen to accept the child left without parental care, foster care in his or her family or refuse to accept of such a decision giving reasons for refusal; 6) termination information (c) To take into account the reasons for taking into account the information about a citizen wishing to take a child to be brought up in his or her family in the State Bank for Children. Article 8. Confidential information about children left without parental care and citizens who want to take children to their families 1. The child's questionnaire and the citizen's questionnaire are in accordance with the Russian Federation's legislation in the field of information, information technology and the protection of information about confidential information. The procedure for accessing confidential information on children left without parental care and citizens wishing to take children to their families is defined in article 11 of this Federal Act. In the wording of the Federal Law of 11 July 2011, N 200-FZ 2. Confidential information on children deprived of parental care can be used by regional operators and the federal operator to produce derivative information about children without parental care and to disseminate of this information through publication in the mass media or otherwise in order to inform the population of the Russian Federation about children deprived of parental care and placement in the family. Derivation of children without parental care is not permitted for commercial purposes. When the information is created and disseminated, it should be impossible to identify the identity of the child left without the care of the parents, his parents and other relatives. { { See also topic } { \field { \field { \field { \field { \field } { \field } { \field } { \field { \field { \field } { \field } { \field { \field } { \field } { \field } { { \field } { \field { \field } { \field { \field } { \field { \field } { \field } } Such children, the reasons for lack of parental care, the state of health of their parents, the presence of minor brothers and sisters, their age and their state of health, the presence of adult relatives and information about their refusal to accept of such children in their families, as well as possible forms of of such children in the family and in pictures of such children. Article 9. Discontinuation of information about children left without parental care, and citizens who want to take children into their families, in the State Children's Data Bank 1. The separation of the child without parental care in the State Bank of Children is based on the following: placement of a child left without parental care in foster care; return A child who has been left without parental care, his/her parents or a parent; achievement by a child left without parental care, majority or the acquisition by such a child of full legal capacity before reaching the age of majority; Death of a child left without parental care. 2. The grounds for halting the records of a citizen wishing to take a child to be raised in their family in the State Bank for Children is: The adoption of a child by a citizen of the child in his or her family except in cases where a citizen wishes to take up a number of children in his or her family (up to the date of expiry of the guardianship and custody body on the possibility of being the adoptive parent, guardian or foster care) Parent); (In the wording of Federal Law dated 02.07.2013. N 167-FZ ) Written form of a citizen wishing to take a child to be brought up in his or her family, to cease to be taken into account by the State Bank for Children; Provide the citizen with the opportunity to take a child to be raised in his or her family; the death of a citizen wishing to take a child to be raised in his or her family. Chapter III: Use of the State Bank data on children Article 10. { \cs6\f1\cf6\lang1024 } Bank { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } State Access to information contained in the State Bank for Children is provided by regional operators and the federal operator through publication in the mass media or distribution Information on its activities (location, order and mode of operation, list of services and other information). In the wording of the Federal Law of 11 July 2011, N 200-FZ 2. Citizens who want to take children to their families are entitled to apply for information on children left without parental care to any regional operator or federal operator of their choice. 3. The requirement to obtain documented information on children left without parental care from the Regional Children's Bank or the Federal Data Bank on children is a written application by a citizen wishing to do so To adopt a child with his or her family, to be made aware of the relevant information and to respect the procedure for access to confidential information prescribed by article 11 of this Federal Law. 4. A regional operator or a federal operator, not later than ten days from the date of receipt of the declaration referred to in paragraph 3 of this article, shall be required to consider it in substance and to provide to a national wishing to take a child into his or her education. the family, the information requested by them, or a reasoned refusal in writing. Such a waiver should contain grounds on which the requested documented information cannot be provided, the date of the decision on such refusal, and the procedure for appealing the decision. 5. When citizens wishing to take children to be raised in their families are referred to a regional operator or a federal operator, they are obliged to provide to such citizens, upon their request, information on the regulatory legal acts governing the conditions and arrangements for the placement of children without parental care, as well as background, counselling and other materials that can assist such citizens in deciding on the admission of children without parental care parents, to be brought up in their families. 6. The tutorship and guardianship authorities, the regional operators and the federal operator are engaged in the use of data on children by regional banks and the federal data bank on children through the exchange of official information. In the process of this exchange, regional operators and the federal operator are obliged to protect confidential information about children left without parental care, and citizens wishing to take children to their families To prevent unauthorized access to the system and to prevent unauthorized or unauthorized alteration, destruction or loss. Each exchange of the specified confidential information shall be subject to mandatory registration. 7. The use of the State Bank for Children is free of charge. Article 11. The order of access to confidential information about children left without parental care, and citizens who want to take children to foster care in their families 1. Access to confidential information on children deprived of parental care is provided for citizens wishing to take children to their families, provided that information on such citizens is documented in accordance with the procedure established by article 7 of this Federal Law. The access of these citizens to confidential information about children deprived of parental care is carried out in the light of possible forms of placement of children in the family. 2. Citizens of the Russian Federation who permanently reside outside the Russian Federation, foreign citizens and stateless persons who wish to adopt a child are entitled to have access to confidential information only about those who remain without citizenship. custody of the parents of the children in respect of which the grounds for adoption established by the Family Code of the Russian Federation have been established by nationals and persons, if available, in the relevant questionnaire A child of information on the measures taken by the tutorship and guardianship authorities, the regional operator and the federal operator, on the device (assisting the device) of the child left without parental care, to foster a family of citizens OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The right of access to confidential information on citizens wishing to take children to their families and the right to make necessary amendments and additions to it shall be restricted to those citizens and persons whose confidential information is confidential. is documented. 4. Regional operators and the federal operator are obliged to provide confidential information on children deprived of parental care and citizens wishing to take children to their families, to the courts, to the prosecution service, to the bodies conducting the initial inquiry, or of the Russian Federation, the Russian Federation Commissioner for Human Rights, the Commissioner for Human Rights of the Russian Federation or the Commissioner for Human Rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the federal laws of 3 December 2011: N 378-FZ; dated 02.07.2013. N 167-FZ) Article 12. Procedures for providing citizens with confidential information about children left without parental care parents 1. Confidential information on children deprived of parental care is provided in writing to the citizen, who is documented in the State Bank of Data on Children, for information on time, as established by article 10 of this Federal Act. This confidential information is made available to a citizen at his request for all unaccompanied children documented in a regional databank or a federal bank Children's data and information about the child that the citizen wishes to receive in his or her family. In the event that a number of citizens have specified the same information about children who wish to be placed in their families, priority in obtaining relevant confidential information on children deprived of parental care, has a citizen, the time limit for recording the information about which children have been reported in the State Bank earlier than the other citizens mentioned. 2. When choosing a child left without parental care, a citizen wishing to take a child to be raised in his or her family shall be issued by the regional operator or by the federal operator to the institution where the child is located Visits to notify the tutelage and guardianship authority at the place where the child remains without parental care. The appropriate check marks are made in the form of the child's questionnaire and the citizen's questionnaire. 3. In the case of a regional databank on children or a federal databank, no data is requested by a citizen wishing to take a child to be brought up in his or her family, confidential information, relevant to the information given in Paragraph 1 of this article, on the basis of a written statement of the citizen, continues the search for a child who the citizen wishes to receive in his or her family, or shall stop taking into account the information on such a citizen in the State bank Data on children. A notification in writing to a citizen wishing to take a child to be raised in his or her family must be performed by a regional operator or by a federal operator in each case of arrival of the new child. Information on children deprived of parental care (according to the information referred to in paragraph 1 of this article), but at least once a month. Article 13. Protection of the right of citizens to information Unreasonable denial of access to information contained in a State data bank on children, knowingly providing false information about children left without The guardianship of parents, the concealment of such information and other unlawful acts that violate the right of citizens to obtain such information or create obstacles to the exercise of such right may be appealed to the court in accordance with the procedure established by the class="ed"> administrative court legislation . (In the wording of the federal laws of 11 July 2011, N 200-FZ; dated 08.03.2015 N 23-FZ) Article 14. Liability for violation of this Federal Law Persons guilty of violation of this Federal Act are liable in accordance with the legislation of the Russian Federation. Article 15. Formation, Maintenance and Use State Data Bank for Children (In the revision of the Federal Law dated 02.07.2013. N 167-FZ Procedures for the Formation, Maintenance and Use of the State Bank of Data on Children, the lists of information contained therein, the list and forms of documents necessary for the formation, maintenance and use of The use of a State data bank on children, the procedure for keeping such records, the procedure for monitoring the formation, maintenance and use of a State data bank on children is determined by the THE RUSSIAN FEDERATION authorities. (In the version of federal laws of 23 July 2008) N 160-FZ; of 02.07.2013 N 167-FZ ) Chapter IV. Final provisions Article 16. Entry into force of this Federal Law 1. This Law shall enter into force six months after the date of its official publication. 2. Pending the entry into force of this Federal Act, the centralized records of children deprived of parental care shall be taken in accordance with the procedure established by the Government of the Russian Federation. Article 17. To bring the normative legal acts in compliance with this Federal Law to the Government of the Russian Federation within six months from the date of this Federal Law: Bring its own Normative legal acts in accordance with this Federal Law; to issue regulatory legal acts to ensure the implementation of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 16 April 2001 N 44-FZ