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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law On Guardianship "

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "Об опеке и попечительстве"

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the adoption of Federal Law "Guardianship and custody" Adopted by the State Duma on April 11, 2008 Make Part One Civil Code of the Russian Federation (Russian Federation Law Assembly, 1994, N 32, sect. 3301; 2001, N 21, sect. 2063; 2005, N 1, est. 39; 2006, N 52, sect. 5497; 2007, N 1, st. (21) The following changes: 1) in article 31: (a) in paragraph 1, the words "marriage and family law" should be replaced by "family law"; b) to supplement paragraph 4 with the following: " 4. The provisions of the Federal Act on Guardianship and Custody and other measures taken in accordance with it shall apply to the relations arising from the establishment, exercise and termination of the guardianship or custody and not regulated by this Code. of the Russian Federation. "; (2) paragraph 2 of article 33, paragraph 2, after the word" trusteers "should be supplemented by the words" minor citizens "; (3), article 34, paragraph 1, should be supplemented with the following paragraph: " Authority of tutorship and guardianship authority in respect of a ward shall be entrusted to the authority which has established the guardianship or trusteeship. If the place of residence of the Trust is changed, the tutorship and guardianship authority shall be placed in the tutelage and guardianship authorities for the new place of residence of the ward, in accordance with the procedure defined by the Federal Act on Guardianship and Custody. "; "(4) In article 35: (a), paragraph (2) should be supplemented with the words", as well as citizens who have been convicted of an intentional crime against the life or health of citizens at the time of guardianship or trusteeship "; b, paragraph 4, , to read: " 4. Uncompetent or not fully capable citizens placed under the supervision of educational organizations, medical organizations, social service providers or other organizations, including those for orphans and children, No parents, guardians or custodians are appointed. The responsibilities of guardians or custodians are vested in the organizations concerned. "; 5) in article 37: (a), paragraph 1, amend to read: " 1. Income of a charge, including alimony, pensions, benefits and other social benefits, as well as income due to the asset from the management of his or her property, other than the income to which the ward is entitled "(b) To dispose of themselves, shall be spent exclusively in the interests of the ward, and with the prior authorization of the tutelage and guardianship authorities."; b) the second paragraph of paragraph 2 should read as follows: " The procedure for the administration of the asset of a person is determined by the Federal Law "On guardianship and trusteeship"; 6) in article 39: (a) paragraph 2 of paragraph 1 should be amended to read: " When the ward is placed under the supervision of an educational organization, a medical organization, an organization, The authorities providing social services or other organizations, including those for orphans and children deprived of parental care, are released by the tutelage and guardianship authority to release previously appointed guardians or custodians of their duties. duties, if this is not contrary to the interests of the ward. "; b) paragraph 2 Amend the text as follows: " 2. The guardian may be released from his or her duties at their request. A guardian or tutor may be relieved of his or her duties on the initiative of the tutelage and guardianship authorities in the event of a conflict between the interests of the ward and the interests of the tutor or guardian, including "temporary."; 7) Article 41 read as follows: " Article 41. A ppling of adult capable citizens 1. An adult citizen who is incapable of exercising and defending his or her rights and fulfilling his/her duties may be placed under patronage. 2. Within one month from the date of identification of a competent adult citizen who may not independently exercise and defend his or her rights and perform his duties, he/she shall be appointed by the tutelage and guardianship authority. The assistant may be assigned to his/her consent in writing and also with the consent in writing of the citizen on whom the patronage is established. An employee of an organization who provides social services to an adult citizen who is in need of a patronage who is in need of a patronage cannot be appointed as an assistant to such a citizen. 3. The assistant of a competent adult citizen shall act in the interests of a citizen who is under the patronage, on the basis of the contract of assignment concluded with that person, the contract of trust management of the property or other contract. 4. The tutelage and guardianship authorities are obliged to monitor the performance of an adult citizen of full age and to notify a citizen who is under the patronage of his or her assistant. The basis for the termination of the assignment contract between them, the contract of trust management of the property or other contract. 5. A ppling of an adult competent citizen, established in accordance with paragraph 1 of this article, shall be terminated in connection with the termination of the contract of assignment, the agreement of trust management of the property or other agreement on the grounds, under the law or by the treaty. "; 8) in article 256, paragraph 4, the words" marriage and family law "should be replaced by" family law "; 9) paragraph 2 of article 292, paragraph 2, after the word" capable " In the words "and limited by a court of law". Article 2 Amend the Family Code of the Russian Federation (Assembly of Legislation of the Russian Federation, 1996, N 1, Art. 16; 1997, N 46, sect. 5243; 1998, No. 26, art. 3014; 2000, N 2, est. 153; 2004, N 35, sect. 3607; 2005, N 1, article 11; 2006, N 23, sect. 2,378; 2007, N 1, est. 21; N 30, est. 3808) The following changes: 1) Article 57 after the digits "143," to supplement the figures "145", the figures "154", delete; 2) in article 66, paragraph 4, the words "of other similar institutions" should be replaced by the words "similar organizations"; (3) In the third paragraph of article 69, the words "other similar institutions" should be replaced by the words "analogous organizations"; 4) paragraph 1 of article 70, paragraph 1, of article 70, as follows: " The deprivation of parental rights shall be considered at the request of one of the parents or persons in loco parentis, the statement of the prosecutor, as well as on the statements of the bodies or organizations responsible for the protection of the rights of minor children (guardianship and trusteeship bodies, commissions for minors, orphans and children left without parental care) of parents, and others). "; 5) in article 73, paragraph 3, the words" organs and bodies "shall be replaced by the words" organs and organizations "; 6) in article 75, the word" institutions "shall be replaced by the word" organizations "; 7) in the second paragraph Article 79, paragraph 2, of the words " educational institution, treatment institution, The social welfare institution or other similar institution "shall be replaced by the words" for orphans and children deprived of parental care (art. 155-1 of this Code) "; 8) in article 84, paragraph 2: (a) In the first paragraph, "in other similar institutions shall be credited to the accounts of these institutions" with "in similar organizations, shall be credited to the accounts of these organizations"; b) in the second paragraph of the word "institutions" should be replaced the word "organizations", the word "institutions" to replace the word "organizations" with the word "organizations". "Such an institution" should be replaced by the words "such organization"; 9) in the first paragraph of article 121, paragraph 1, of the words "educational institutions, medical institutions, social welfare institutions and other similar institutions," by the words " educational organizations, medical organizations, social service providers or similar organizations, in the creation of parents ' actions or omissions that pose a threat to the life or health of children, or which impede their normal upbringing and development, "; 10) Article 122: (a), paragraph 2, amend to read: " 2. Heads of educational organizations, medical organizations, social service providers or similar organizations that have children left without parental care within seven days of the day when they are known, that a child may be placed in a foster home, is obliged to inform the tutelage and guardianship authority at the place where the organization is located. "; b) in paragraph 4, the word" institutions "should be replaced by" organizations "; 11) in Article 123: (a) in paragraph 1: first set out in next revision: " 1. Children without parental care are placed in foster care (adoption), foster care or foster care, or in cases provided for by the laws of the constituent entities of the Russian Federation, in foster care); In the absence of such an opportunity in the organization for orphans and children deprived of parental care of all types (art. 155-1 of this Code). "; paragraph 2, paragraph 2, paragraph 2, of the word" institution " replace the word "organizations"; 12) in the second paragraph of paragraph 1 Article 129 of the word "institution in which" shall be replaced by the words "the organization in which"; 13) in article 131: (a) the word "institutions" should be replaced by "organizations"; b) in the third paragraph of paragraph 1 of the word "other" Replace the words "these institutions" with the words "data of the organizations"; 14) in article 145: (a) the title should read: " Article 145. Establishment of custody or guardianship of children left without parental care; (b) paragraph 3 should read: " 3. The relations arising from the establishment, implementation and termination of guardianship and custody of children left without parental care are governed by the Civil Code of the Russian Federation and the Federal Act on Guardianship and Custody of the Russian Federation. of the Russian Federation, if not otherwise provided by this Code and other normative legal acts containing the rules of family law. "; c) to supplement the paragraphs 4-7, to read: " 4. The child's placement is based on his or her opinion. The appointment of a guardian to a child who has reached the age of 10 shall be appointed with the consent of the child. 5. The transfer of brothers and sisters to guardianship or trusteeship is not permitted, unless the transfer is in the interest of the children. 6. The child may be placed under guardianship or trusteeship in accordance with the Federal Act on guardianship and trusteeship under the guardianship or trusteeship contract, including on the foster care contract or in cases provided for in the custody of the child. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. When a child is placed under the guardianship or trusteeship under a contract of guardianship or trusteeship, an act of the tutorship and guardianship authority on the appointment of a guardian or tutor performing his duties is required. With unjustified evasion of the tutelage and guardianship authority, which has adopted an act on the appointment of a guardian or tutor performing its duties, from the conclusion of a contract of guardianship or trusteeship, the guardian or The tutor has the right to submit to the tutorship and guardianship authority the requirements stipulated in article 445, paragraph 4, of the Civil Code of the Russian Federation. When the child is placed under guardianship or trusteeship, the rights and obligations of the tutor or guardian of the child's representation and protection of the rights and legitimate interests of the child arise from the moment of guardianship or trusteeship; Adoption of the act of the tutelage and guardianship authority on the appointment of a guardian or tutor. The right of a tutor or guardian to remuneration arises from the time of the conclusion of the contract. "; 15) Article 147 to be repealed; 16) Article 148 is supplemented by paragraph 3 as follows: " 3. Children under tutelage or guardianship have the right to maintenance, which is paid monthly in the order and in the amount determined by the laws of the constituent entities of the Russian Federation, except in cases where the guardians or guardians are appointed according to the parents ' application in the manner prescribed by article 13, paragraph 1, of the Federal Act on Guardianship and Custody. The funds are spent by guardians or custodians in accordance with the procedure established by article 37 of the Civil Code of the Russian Federation. "; The rights and duties of a tutor or guardian child 1. The rights and duties of a tutor or guardian of a child arise in accordance with the Federal Act on Guardianship and Custody. 2. Unless otherwise specified by federal law, the parents of the child or persons acting in their stead shall lose their rights and duties to represent and protect the rights and legitimate interests of the child from the moment of the establishment of the rights and duties of the guardian or tutor. 3. Any action (or omission) in the exercise of guardianship or trusteeship by the child's guardian or tutor may be appealed by the parents or other relatives or the adoptive parents of the child to the tutelage and guardianship authorities. The tutelage and guardianship authorities are entitled to order the guardian or tutor to rectify the violations of the rights and legitimate interests of the child or of his or her parents or other relatives or adoptive parents. In the event that a tutor or guardian is not subject to the decision of the tutelage and guardianship authority, the parents or other relatives or the adoptive parents of the child are entitled to apply to the court for protection of the child's rights and legitimate interests and (or) their rights and legitimate interests. The court shall settle the dispute based on the interests of the child and taking into account his or her opinion. Failure to comply with a court decision shall constitute grounds for the removal of a guardian or trustee from the discharge of his or her duties. 4. A guardian or tutor may demand, on the basis of a decision by the court, the return of a child under guardianship or trusteeship from any person holding a child without lawful authority, including from parents or other relatives, or adopting a child. 5. A guardian or tutor may not prevent the child from communicating with his/her parents or other relatives, unless such communication is not in the child's interest. 6. The guardian of a child has the right and the duty to raise a child under their guardianship or trusteeship, to care for the child's health, physical, mental, spiritual and moral development. A guardian or tutor has the right to determine the means of raising a child under tutorship or guardianship, taking into account the views of the child and the recommendations of the tutelage and guardianship authorities, as well as in compliance with the requirements, Article 65, paragraph 1, of this Code. A guardian or tutor has the right to choose the educational establishment and form of education of the child, taking into account the views of the child prior to his or her general education, and shall ensure that the child receives general education. 7. The property rights and duties of the tutor or guardian are determined by civil law and by the Federal Act on Guardianship and Custody. 8. Supervision over the activities of guardians or custodians of minor citizens is carried out in accordance with the Federal Act on guardianship and trusteeship. "; Amend the text as follows: " Article 152. Foster family 1. The foster family shall recognize the guardianship or trusteeship of the child or children, which is carried out under a contract of foster family, between the guardianship authority and the foster parents or adoptive parent, for the period specified in this treaty. 2. The provisions of chapter 20 of the present Code apply to relations arising from a contract of foster family. The rules of civil law on exchange of services are applied to the relationships arising from the contract of foster family in part not regulated by this Code, since this is not contrary to the substance of such provisions Relations. 3. The procedure for the establishment of a foster family and the monitoring of the living conditions and upbringing of a child or children in a foster family shall be determined by the Government of the Russian Federation. "; " Article 153. Foster parents 1. Foster parents may be spouses, as well as individual citizens wishing to take a child or children in foster care. Persons who are not married to each other may not be the adoptive parents of the same child. Subbor and preparation of foster parents are carried out by the tutorship and guardianship authorities, in compliance with the requirements established by the Civil Code of the Russian Federation, the Federal Act on guardianship and trusteeship, and article 146. of this Code. 2. Foster parents have the rights and responsibilities of a guardian or tutor and are held responsible for failure or improper performance of their duties in the manner and manner in which they are placed in the care of the child or children. in the conditions provided for by the federal law and the treaty. "; 21) to supplement articles 153-1 and 153-2 with the following content: " Article 153-1. The contents of the foster family contract 1. The contract for a foster family should contain information on the child or children placed in foster care (name, age, state of health, physical and mental development), the duration of such contract, conditions of detention, upbringing and education. The education of the child or children, the rights and duties of the adoptive parents, the rights and duties of the tutelage and guardianship authorities with regard to the adoptive parents, as well as the grounds and consequences of the termination of such a contract. 2. The amount of remuneration due to the adoptive parents, the amount of money allocated for the maintenance of each child, as well as the social support measures provided to the foster family, depending on the number of children taken in care, are determined OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 153-2. Termination of the foster family contract 1. The contract for the adoptive family shall be terminated on the basis of the civil law for the termination of the obligations, as well as in connection with the termination of guardianship or custody. 2. Foster parents have the right to refuse to perform the contract for a foster family if there are good reasons (illness, change of marital or property status, lack of understanding with the child or children, the existence of a conflict between children and others). The tutorship and guardianship agency has the right to refuse to perform the contract on the adoptive family in case of unfavourable conditions in the adoptive family for the maintenance, upbringing and education of the child or children, the return of the child or children. Adoption of the Convention on the Rights of the Child 3. If the grounds for the termination of the contract of a foster family led to a fundamental breach of contract by one of the parties to the contract, the other party is entitled to claim damages for the termination of the contract. "; 22), article 154; and 155. To recognize no force; 23) section VI should be supplemented with Chapter 22 as follows: " CHAPTER 22. DEVICE, CHILDREN, ON THE RIGHTS OF THE CHILD, TO CHILDREN, CHILD PROSTITUTION AND CHILDREN ' S DETAILS, Article 155-1. The placement of children deprived of parental care in the organization for orphans and children deprived of parental care 1. The placement of orphans and children deprived of parental care is understood as placing such children under the supervision of educational organizations, medical organizations, organizations and children without parental care. providing social services, or non-profit organizations, if the activities do not run counter to the purposes for which they are established. The Organization for Orphans and Children without parental care must ensure that children meet the conditions set by the Government of the Russian Federation. 2. Temporary stay of the child in the organization for orphans and children deprived of parental care, for the purpose of obtaining medical, social, educational or other services or for the temporary stay of the child during the period, When parents, adoptive parents or guardians or guardians are unable to discharge their duties with respect to the child, the parents, adoptive parents or guardians of the child shall not be terminated. 3. The tutelage and guardianship authorities monitor the conditions of detention, upbringing and education of children in organizations for orphans and children deprived of parental care. 4. Upon completion of the child's stay in the educational organization for orphans and children left without parental care, the child's guardian or tutor is entrusted to the organs of the child until the age of eighteen years trusteeship and guardianship. Article 155-2. Activities of organizations for orphans and children deprived of parental care, parenting, child education, protection and representation of their rights and legitimate interests 1. The rights and obligations of the organizations referred to in article 151-1, paragraph 1, of the present Code, with respect to children left without parental care, have arisen since the adoption of the guardianship and trusteeship authorities for the placement of children in these organizations. 2. Children placed under the supervision of an organization for orphans and children deprived of parental care are not appointed guardians or custodians. These organizations are responsible for the maintenance, upbringing and education of children and for the protection of their rights and legitimate interests. The rules of guardianship and trusteeship legislation relating to the rights, duties and responsibilities of guardians are applied to organizations for orphans and children deprived of parental care who are placed under supervision. The trustees. 3. The organizations referred to in paragraph 1 of article 155-1 of this Code, and to which children are placed under supervision, are entitled to carry out temporary transfer of children to the families of citizens permanently resident in the territory of the Russian Federation. The temporary transfer of the child to the family of citizens permanently resident in the territory of the Russian Federation is not a form of placement of a child in the family and is carried out on the basis of an order of the administration of such organization for the benefit of the child. The Convention on the Rights of the Child; This transfer shall not be permitted if the presence of a child in a family may endanger the physical and/or mental health of the child, its moral development or other threat to his or her legitimate interests. 4. The temporary transfer of a child to a family of citizens permanently residing in the territory of the Russian Federation shall be carried out for a period of not more than one month. Subject to exceptional circumstances, the temporary transfer of a child to a family of citizens may be extended with the consent of the tutelage and guardianship authority. At the same time, the period of temporary stay of a child in the family cannot exceed three months. 5. Citizens whose family is temporarily handed over to the child in accordance with the procedure set out in paragraph 3 of this article shall not be entitled to carry out the removal of a child from the Russian Federation. 6. In order to ensure the temporary transfer of a child to a family of citizens permanently residing in the territory of the Russian Federation, the organization referred to in article 1551, paragraph 1 of this Code and placed under the supervision of a child is entitled to apply to the tutelage and guardianship authorities requesting information on citizens who have expressed the wish to become guardians or custodians and are kept in accordance with article 8, paragraph 10, paragraph 10, of the Federal Act on Guardianship and custody. " " The procedure and conditions for the temporary transfer of a child to a family of citizens permanently residing in the territory of the Russian Federation, as well as the requirements for such citizens, shall be established by the Government of the Russian Federation. Article 155-3. The rights of children left without parental care and those who are in the organizations for orphans and children left without parental care 1. Children without parental care who are in the organizations for orphans and children deprived of parental care have the right to: content, upbringing, education, all-round development, respect for their human rights dignity, protection of their rights and legitimate interests; their alimony, pensions, benefits and other social payments due to them; retention of property rights to a dwelling or the right to use a dwelling, or, if any No accommodation, residential accommodation in accordance with the housing standard Legislation. 2. Children left without parental care and in organizations for orphans and children deprived of parental care are also entitled to the rights provided for in articles 55 to 57 of this Code. ". Article 3 OF THE PRESIDENT OF THE RUSSIAN FEDERATION (410) the following changes: (1) in article 575, subparagraph 2, of the words "medical, educational institutions, social protection institutions and other similar institutions" shall be replaced by the words " educational organizations, medical organizations, The organizations providing social services and similar organizations, including those for orphans and children deprived of parental care, "; (2) in article 1073: (a), paragraph 2 should read as follows: " 2. If a minor who has been left without parental care has been placed under the supervision of an organization for orphans and children left without parental care (art. 155-1 of the Family Code of the Russian Federation), the organization is obliged to pay compensation. The harm caused by a minor if he fails to prove that the harm did not arise out of her fault. "; b), paragraph 3 should read: " 3. If a minor has caused harm during his or her time under the supervision of the educational organization, the medical organization or other organization obliged to exercise supervision, or the person who has supervised it, The basis of the contract, the organization or the person responsible for the injury, unless it proves that the injury did not arise from their fault in the exercise of supervision. "; ), in the first paragraph of paragraph 4, the words" educational, medical and other institutions " Replace with the words "medical organizations or other organizations"; (3) in the article 1074: (a) Paragraph 2, second paragraph, should read: " If a minor from fourteen to eighteen years without parental care has been placed under the supervision of the organization for Orphans and children deprived of parental care (art. 155-1 of the Family Code of the Russian Federation), the organization is under an obligation to make reparation in whole or in the missing part unless it proves that the harm was not caused by its fault. "; b) in Paragraph 3 of the words "the relevant institution" should be replaced with the words " relevant of the organization ". Article 4 Article 4 Housing Code of the Russian Federation (Collection of Russian legislation, 2005, N 1, est. (14) The following changes: 1), article 31, paragraph 3, after the word "capable" to be supplemented with the words "and limited by the court of legal capacity"; 2), article 33, paragraph 2, shall be amended to read: " 2. Legal capacity of citizens living in a dwelling provided for testamentary cancellation shall be shared with the owner of such residential premises with responsibility for the obligations arising from the use of such accommodation. Such accommodation, unless otherwise provided by an agreement between the said owner and citizens. "; 3), paragraph 2, of article 69, after the word" capable ", add the words" and limited by a court of law ". Article 5 Confess: 1) Article 68 of the Federal Law of 22 August 2004 N 122-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION on the organization of legislative (representative) and executive OF THE PRESIDENT OF THE RUSSIAN FEDERATION "On amendments to Article 155 of the Family Code of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3.78); 3) article 3, paragraph 2, of the Federal Act of 21 July 2007, No. 194-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3808). Article 6 1. This Federal Act shall enter into force on 1 September 2008. 2. The provisions of the first and second parts of the Civil OF THE PRESIDENT OF THE RUSSIAN FEDERATION and Housing Code of the Russian Federation (in the wording of this Federal Law) applies to legal relations that arose after the day of the entry into force of this law Federal law. 3. To the legal relations that have arisen prior to the day of the entry into force of this Federal Law, the provisions of the parts of the first and second of the Civil Code of the Russian Federation (in the version of this Federal Law), Family Code of the Russian Federation (in the wording of this Federal Law) and the [ [ Housing Code of the Russian Federation]] (in the wording of this Federal Law) apply to Rights and duties that will arise after the date of entry into force of this Federal Act. 4. Organizations implementing this Federal Act on the day of the entry into force of this Federal Act for the supervision of children without parental care retain the right to engage in these activities until the Government has established OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) President of the Russian Federation Vladimir Putin Moscow, Kremlin 24 April 2008 N 49-FZ