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Trusteeship And Guardianship

Original Language Title: Об опеке и попечительстве

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RUSSIAN FEDERATION FEDERAL LAW Trusteeship and trusteeship Adopted by the State Duma on April 11, 2008 Approved by the Federation Council on 16 April 2008 class="ed">(In the wording of federal laws dated 18.07.2009) N 178-FZ; of 01.07.2011 N 169-FZ; dated 02.07.2013. N 167-FZ; of 02.07.2013 N 185-FZ; 05.05.2014 N 118-FZ; dated 04.11.2014. N 333-FZ; of 22.12.2014 N 432-FZ, of 28.11.2015 N358-FZ Chapter 1. General provisions Article 1. Scope of this Federal Law 1. This Federal Act regulates relations arising out of the establishment, implementation and termination of guardianship and custody of disabled or incompetent citizens. 2. Provisions relating to the rights, duties and responsibilities of guardians and caregivers apply to organizations that are under the supervision of incompetent or not fully capable citizens, including orphans and children, who are left without parental care, unless otherwise provided by a federal law or treaty. Article 2: Basic concepts used in this Federal Law The following basic concepts are used for the purposes of this Federal Act: 1) custody-the form of a minor Citizens (under the age of fourteen years of age) and declared by a court to be legally incompetent, in which the guardianship and trusteeship authorities (guardians) are the legal representatives of the wards and commit in their name and in their interests, all legally relevant actions; 2) custody is a form of placement of minors aged between 14 and 18 and citizens restricted by a court of law, under which the guardianship and trusteeship authorities (guardians) are obliged to provide Minors are assisted in the exercise of their rights and the performance of their duties, to protect the minor against abuse by third parties, and to grant consent of the minor to commit their actions in accordance with article 30 Civil Code of the Russian Federation; 3) a citizen for whom tutorship or guardianship is established; 4) An incompetent citizen, a citizen recognized by a court as legally incompetent on the grounds provided for in article 29 of the Civil Code of the Russian Federation; 5) an incompetent citizen- minor citizen (except those who have acquired full civil legal capacity before reaching the age of majority in the cases stipulated by articles 21 and 27 Civil Code of the Russian Federation) or a citizen limited by a court of legal capacity on the grounds provided for in article 30 Civil Code of the Russian Federation . Article 3. The legal regulation of relations arising in the context of the establishment, implementation and termination of custody of 1. The relations arising from the establishment, implementation and termination of tutelage and guardianship are governed by the Civil Code of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The special features of the establishment, implementation and termination of guardianship and custody of minors are determined by the Family Code of the Russian Federation. The Russian Federation) and other normative legal acts that contain the rules of family law. 3. The relations referred to in Part 1 of this article are governed by the laws of the constituent entities of the Russian Federation on matters assigned to them by this Federal Act. The relations referred to in part 2 of this article shall be subject to the laws of the constituent entities of the Russian Federation on matters which are assigned to them by this Federal Act and on matters not settled directly by this Federal Act. The rules governing relations arising from the establishment, implementation and termination of tutelage and guardianship and are contained in the laws of the constituent entities of the Russian Federation shall not contradict this Federal Act. 4. The structure of the executive bodies of State power of the constituent entity of the Russian Federation for the purpose of organizing and carrying out activities for guardianship and custody is determined by the highest official of the constituent entity of the Russian Federation (the head of the Russian Federation). The executive body of the constituent entity of the Russian Federation), in accordance with this Federal Act and the Federal Act of 6 October 1999 NN 184-FZ " On the general principles of the organization Legislative (representative) and executive bodies of the State authorities of the constituent entities of the Russian Federation ". 5. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 4. The tasks of state regulation of activity guardianship and custody The tasks of state regulation of tutorship and guardianship are: (1) ensuring the timely identification of persons, the care or guardianship they need, and their devices; (2) protection of the rights and legitimate interests of the menters; (3) ensuring a decent standard of living for the menters; 4) enforcement guardians, custodians and tutelage and guardianship authorities (...) (...) (...) of the Convention on the Protection of the Article 5. The basic principles of State regulation trusteeship and guardianship activities The guardianship and custody activities are carried out in accordance with the following principles: 1) free acceptance A citizen of the duties of tutorship or guardianship and the free refusal of the guardian or guardian of his duties; (2) supervision of guardianship and custody activities; (3) ensuring the protection of rights and lawful rights The interests of the menters. Chapter 2. The tutorship and guardianship authorities, their tasks and powers Article 6. The tutorship and guardianship authorities 1. The authorities of tutorship and guardianship are the executive authorities of the constituent entity of the Russian Federation. (...) (...) N 167-FZ) 1-1. Local governments of settlements, urban districts, municipal districts, and intra-city municipal formations of cities of the federal importance of Moscow and St. Petersburg, where there are no tutorship and guardianship agencies in the territories, established by this Federal Act, may be given by the law of the constituent entity of the Russian Federation the guardianship and trusteeship authorities with the transfer of the material and financial means necessary for their implementation. In this case, the local authorities are the guardianship and custody agencies. (Part of the addition is the federal law of 02.07.2013. N 167-FZ 1-2. The organization and activities of the tutelage and guardianship authorities for the guardianship and custody of children left without parental care are governed by this Federal Law, the Family Code of the Russian Federation, Civil Code. Code of the Russian Federation, Federal Act No. 184-FZ of 6 October 1999 "On general principles of organization of legislative (representative) and executive bodies of the constituent entities of the Russian Federation", Federal Act No. October 2003 No. 131-FZ " On general principles of local organization OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the federal law of 02.07.2013. N 167-FZ ) 2. The act governing the activities of the tutorship and guardianship agency must state that it has the status of a tutorship and guardianship agency. 3. Activities of the tutelage and guardianship authorities to assist the ward and (or) the guardians or tutors of assistance in obtaining education, medical care, social services, and in the selection and training of citizens who have expressed the wish to become guardians or In the case of children who have been deprived of their parental care, or in the form of family-based forms of upbringing, the family is engaged in cooperation with other bodies of the executive branch of the constituent entity of the Russian Federation; and territorial bodies of the Federal organs of the executive branch, educational organizations, medical organizations, social service providers or other organizations, including orphans and children without parental care, and organizations. 4. The powers of the tutorship and guardianship authorities to identify persons in need of custody or guardianship, as well as the selection and training of citizens who have expressed the wish to become guardians or tutors or to accept children who have not been Parental care, family-based forms of foster care may be provided by educational organizations, medical organizations, social service providers or other organizations, including for the benefit of the family. Orphans and children without parental care, in cases and in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The Government Plenipotentiary of the Russian Federation to the Federal Government approves the requirements for the professional knowledge and skills of the employees of the tutelage and guardianship authorities necessary for the performance of their duties, Indicative additional professional programmes for the tutelage and guardianship authorities, as well as the development of guidance materials on guardianship and custody matters and supervision of the activities of the guardianship authorities, and custody. (...) (...) N 167-FZ) Article 7. The tasks of the tutelage and guardianship authorities 1. The main tasks of the tutorship and guardianship authorities for the purposes of this Federal Act are: 1) the protection of the rights and legitimate interests of citizens in need of guardianship or trusteeship and of citizens who are under tutorship or guardianship; (2) supervision of the activities of guardians and trustees, as well as organizations in which the disabled or incapacitated citizens are placed; (3) control of property and management by persons under guardianship or trusteeship under the supervision of educational organizations, medical organizations, social service providers or other organizations, including orphans and children deprived of parental care. 2. Other tasks are assigned to the tutelage and guardianship authorities in accordance with federal laws and the laws of the constituent entities of the Russian Federation. Article 8. The powers of the tutorship and guardianship authorities 1. The powers of the tutorship and guardianship authorities include: 1) the identification and treatment of citizens in need of guardianship or trusteeship; 2) to apply to a court for the recognition of a citizen to be incompetent, or both limitations on his or her legal capacity and the recognition of a person who has been incapacitated if the grounds on which the citizen has been declared incompetent or limited to legal capacity; (3) guardianship or trusteeship; 4) oversee the activities of guardians and custodians, The activities of organizations in which there are incapacitated or incompetent citizens; 5) the release and dismissal under this Federal Act of guardians and custodians of their duties; (6) issue permits under this Federal Act for transactions with the property of wards; 7) the conclusion of contracts of trustful administration of the Trust's assets in accordance with Article 38 Civil Code of the Russian Federation; 8) representing the legitimate interests of minors and incapacitated citizens under guardianship or custody, in relations with any person (including in courts), if the actions of the guardians or trustees to represent the interests of the Trust are contrary to the legislation of the Russian Federation and (or) the law of the subjects of the Russian Federation The Federation or the interests of the Trust, or the The trustees do not protect the legitimate interests of the ward; 9) the authorization for the separation of the trustees and their minor children under article 36 Civil Code of the Russian Federation; 10) the selection, record-keeping and training, in the manner determined by the Government of the Russian Federation, of citizens who have expressed The desire to become guardians or custodians or to accept children left without parental care in the The family, in other forms prescribed by family law; 11) to verify the conditions of the Trust, to respect the trustees and guardians of the rights and lawful interests of the Trust, to ensure the preservation of their property, and to ensure the preservation of their property; and Carers and trustees of claims for the exercise of their rights and the performance of the duties of guardians or guardians, defined in accordance with article 15, paragraph 4, of this Federal Law; dated 02.07.2013 N 167-FZ ) 12) informing citizens who have expressed the desire to become guardians or custodians or to accept a child who has been left without parental care to be raised in a family in the family of the Convention on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child; without parental care, family education The law of the forms, as well as the provision of assistance in the preparation of such documents; (Item added to the Federal Law of 2 July 2013). N 167-FZ 13) Assistance to guardians and custodians of minor citizens in the realization and protection of the rights of wards. (The paragraph is amended to include the Federal Law of 2 July 2013. N 167-FZ ) 2. The federal laws and the laws of the constituent entities of the Russian Federation may provide for different powers of tutorship and guardianship, together with the powers specified in Part 1 of this Article. 3. In matters arising from the establishment, implementation and termination of guardianship or trusteeship, the guardianship authorities shall issue acts. These acts may be challenged by the persons concerned by the courts. Article 9. The duties of the tutelage and guardianship authority under change the place of residence of a ward 1. The authority of the trusteeship and guardianship authority shall be vested in the tutelage and guardianship authority, who has established the guardianship or trusteeship established pursuant to article 35 Civil Code of the Russian Federation. 2. If the place of residence of the Trust is changed, the trusteeship and guardianship authority is obliged to refer the case to the trusteeship and guardianship authorities for the new place of residence within three days from the date of receipt by the guardian or the trustee for the notice of change in the place of residence of the ward. 3. The authority of the tutelage and guardianship authority for the new place of residence of the client shall be vested in the guardianship and custody body from the day of receipt of the personal case of the ward. Chapter 3: Legal status of guardians and custodians Article 10. The order of determination of the persons entitled to be guardians or custodians 1. The requirements for the identity of a tutor or guardian are established by the Civil Code of the Russian Federation, and when establishing the trusteeship or custody of minors as well as the Family Code of the Russian Federation. 2. In order to obtain information on the identity of the alleged tutor or guardian, the tutelage and guardianship authorities have the right to request from the person who submitted the application for the appointment of his guardian or trustee, to provide information about himself or herself, and to request Information about him in the internal affairs agencies, civil registry offices, medical and other organizations. The tutelage and guardianship authorities are entitled to request the provision of only information about the citizen, which will enable him to ascertain his or her ability to perform the duties of a guardian or tutor. The list of documents submitted by a national who has applied for the appointment of a guardian or a guardian shall be determined by the Government of the Russian Federation. 2-1. Documents and information at the disposal of the public authorities, other State bodies, local self-government bodies or subordinate State bodies or bodies of local self-government Organizations are requested by the tutelage and guardianship authorities in these bodies and organizations, provided that such documents and information have not been submitted independently by a national who has applied for the appointment of a guardian or tutor. (Part of the addition is the Federal Law of July 1, 2011. N 169-FZ) 3. The documents or copies of documents and other necessary information for guardianship or trusteeship shall be provided at the request of the agencies of tutorship and guardianship, free of charge. 4. Information on the identity of the alleged tutor or guardian received by the tutelage and guardianship authority are in accordance with the legislation of the Russian Federation in the field of personal data to the personal data of citizens (natural persons). 5. Grandparents, parents, spouses, adult children, adult grandchildren, brothers and sisters of the adult ward, as well as grandparents, adult brothers and sisters of a minor, have priority be his guardians or custodians in front of all other persons. 6. Every citizen who is in need of custody or guardianship may have one guardian or tutor, except in cases established by this Federal Act. The same person may, as a rule, be a guardian or guardian of only one citizen. The transfer of minor brothers and sisters to guardianship or custody shall not be permitted, unless such transfer is in the interest of the children concerned. 7. The tutelage and guardianship authority, on the basis of the interests of the person in need of custody or guardianship, may designate several guardians or custodians, including placement in the family, to bring up children left without care Parents. 8. With the appointment of several guardians or custodians, the representation and protection of the rights and lawful interests of the Trust are exercised by all guardians or custodians. Where the conduct of the case is entrusted to one of them by the trustees or guardians, the person must have a power of attorney from the rest of the trustees or guardians. 9. With the appointment of several guardians or custodians of the obligation to provide care and assistance in the timely availability of medical care, and in relation to the minor, the responsibility for his or her education and upbringing shall be distributed among the guardians or custodians in accordance with the act of the tutorship and guardianship agency on their appointment or the guardianship or trusteeship contract. In the event that the said duties are not distributed, the guardians or tutors shall be jointly and severally liable for failure or improper performance. 10. The tutelage and guardianship authorities may, if necessary, on the basis of the interests of the wards, appoint the same person as the guardian or custodian of a number of wards. In the act on the appointment of a person by the guardian or trustee of the second and the following wards, the tutelage and guardianship authorities are required to state the reasons for which the guardian cannot be appointed by another person. In the event of a conflict between the interests of the wards of the same trustee or trustee in the exercise of their legal representation, the tutelage and guardianship authorities shall be obliged to appoint an interim representative to each of the wards. The resolution of the contradictions that have arisen. Article 11. Appointment of guardians and custodians 1. Custody and custody shall be established in the cases provided for in the Civil Code of the Russian Federation and for minors. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The guardian or tutor is appointed with their consent or in writing by the tutelage and guardianship authority at the place of residence of the person in need of custody or guardianship, within one month of the date on which he or she consents. The authority has become aware of the need for guardianship or custody of such a person. If there is merit in the circumstances, a tutor or tutor may be appointed by the guardianship and custody agency at the place of residence of the guardian or tutor. 3. In the event that a person in need of custody or guardianship has not been designated a guardian or tutor within a month, the guardianship and custody authority shall be temporarily assigned to the guardianship and custody body at the place of custody The person in need of guardianship or trusteeship. Under article 122 Family Code of the Russian Federation . 4. Temporary stay of a ward in an educational organization, a medical organization, an organization providing social services or other organization, including for orphans and children deprived of parental care, for the purpose of obtaining Medical, social, educational or other services, or for the purpose of ensuring the temporary residence of a person during the period when the guardian or tutor for valid reasons cannot perform his/her duties in respect of a ward, shall terminate the rights and duties of the trustee or guardian. 5. The guardians or custodians are not appointed by the disabled or not fully competent persons placed under the supervision of educational organizations, medical organizations, social service providers or other organizations, including Orphans and children without parental care. The responsibilities of guardians or custodians are assigned to these organizations. 6. The relationship between the tutor or the trustee and the trustee is the act of the tutelage and guardianship authority on the appointment of a guardian or tutor. The act of the tutelage and guardianship authority on the appointment of a tutor or guardian may specify the term of office of the guardian or tutor determined by the period or by an indication of the occurrence of a certain event. 7. The act of guardianship and trusteeship of appointment or refusal of the appointment of a tutor or guardian may be challenged by the persons concerned in the courts. 8. The damage caused to the person of the Trust or his property as a result of the failure or late execution of the tutelage and guardianship authority with the appointment of a tutor or guardian shall be subject to reimbursement under the conditions and in the manner in which under civil law. Injury caused by a minor or incapacitated citizen during the period when the tutorship or guardianship agency has temporarily acted as tutor or guardian in accordance with part 3 of this article, shall be refunded on the terms and conditions of Order in civil law. Article 12. Provisional tutelage and guardianship 1. In cases where, in the interests of an incapacitated or not fully capable citizen, he or she needs to immediately appoint a guardian or tutor, the tutelage and guardianship authorities shall be entitled to order the temporary appointment of a guardian or tutor (an act of custody or guardianship), including with the removal of the child from parents or persons acting in their stead, in accordance with article 77 of the Family Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION for orphans and children left without parental care. 2. A guardian or guardian in the cases provided for in Part 1 of this article may only be temporarily assigned an adult citizen. The adoption of an act on provisional tutelage or guardianship is permitted provided that the person in question is given a document of identification and a survey by the tutorship and guardianship agency of the conditions of his or her life. A preliminary check of the identity of a guardian or guardian in accordance with article 10, paragraphs 1 and 2, of this Federal Act is not required. 3. In order to ensure the timely establishment of provisional guardianship or trusteeship, the tutelage and guardianship authorities make proposals for the establishment of provisional tutelage or guardianship for citizens who have expressed the wish to be guardians or guardianship. for the purposes of article 8, paragraph 1, of the Act. 4. The designated guardian or tutor has all the rights and duties of a guardian or tutor, with the exception of the right to dispose of the property of the ward on his/her behalf (consent to the commission of the transactions by order (...) (...) 5. The provisional tutelage or guardianship shall be terminated if, until the expiration of the period of six months from the date of the act on the temporary appointment of a guardian or trustee, the temporary designated guardian or tutor will not be appointed by the guardian or A trustee, in general. If exceptional circumstances exist, the period may be extended to eight months. In the event that the tutelage and guardianship authorities have appointed a guardian or trustee within a fixed period of time, the rights and obligations of the tutor or guardian shall be deemed to have been performed by the guardian or tutor that have arisen since the act of temporary appointment of a guardian or tutor. (In the wording of the Federal Law of 2 July 2013) N 167-FZ) Article 13. The assignment of guardians or custodians to minor citizens on the application of their parents, as well as on the declaration of the minor citizens 1. Parents may submit to the guardianship and trusteeship authorities a joint application for the appointment of their child to a guardian or tutor for a period when, for valid reasons, they will not be able to perform their parental duties with an indication of the person. The act of the tutelage and guardianship authority on the appointment of a guardian or guardian shall, upon application by the parents, specify the term of office of the guardian or tutor. 2. The only parent of a minor child has the right to determine the death of the child's guardian or tutor. The parent may make such an order in a declaration filed with the tutelage and guardianship authorities at the place of residence of the child. A parent's declaration to determine in case of death the child of a guardian or tutor must be signed by the parent together with the date of the declaration. The parent's signature must be certified by the head of the tutelage and guardianship authority, or in cases where the parent is unable to report to the tutelage and guardianship authorities, notaries or the organization in which the parent works or class="ed"> is taughtby homeowners ' associations, housing, housing, construction or other specialized consumer cooperatives operating a multi-apartment house administering organization by place of residence Office of the President of the the parent is located, the medical organization in which the parent is in medical treatment and the commander (chief) of the relevant military unit, connection, institution, and military training institution, if the application serves a soldier, a member of these military units, a connection, an institution, a military professional educational organization or a military educational organization of higher education. The signature of a parent in places of deprivation of liberty shall be certified by the head of the appropriate place of deprivation of liberty. The parent has the right to cancel or amend the application to determine, in the event of his death, the child of a guardian or tutor by submitting a new application to the guardianship and custody body at the place of residence of the child. (In the wording of the federal laws of 2 July 2013, } N 185-FZ; dated 28.11.2015. N358-FZ 3. The guardian of a minor who has reached the age of fourteen may be appointed by a guardianship and custody agency upon request by such a minor, with an indication of the individual. 4. When appointing a guardian or tutor in the cases provided for in parts 1, 2 and 3 of this article, the requirements of the identity of the tutor or guardian shall be met by article 10, paragraph 1, of this Federal Act. 5. The tutelage and guardianship authorities shall accept the refusal of the appointment of a guardian or guardian of the person designated by the parent or the parents of a minor or who has reached the age of fourteen years by a minor citizen only in If such appointment is contrary to civil law or to family law or to the interests of the child. Article 14. Establishment of guardianship or trusteeship under the contract on the exercise of guardianship or custody 1. The establishment of guardianship or trusteeship is permissible under a contract of guardianship or trusteeship (including under a contract for a foster family or in cases provided for by the laws of the constituent entities of the Russian Federation, under a foster family contract). (Patronage, foster care). The guardianship or trusteeship contract is concluded with the guardian or trustee in accordance with article 16 of this Federal Law. 2. The guardianship or trusteeship contract shall be established on the basis of an act of the tutorship and guardianship agency on the appointment of a guardian or tutor performing its duties. In case of unjustified evasion of the guardianship or trusteeship body, the guardianship or trusteeship or trustee has the right to present the requirements under article 445, paragraph 4, to the tutelage and guardianship authorities. class="doclink "href=" ?docbody= &prevDoc= 102121401&backlink=1 & &nd=102033239" target="contents"> Civil Code of the Russian Federation. 3. When the guardianship or trusteeship is established, the guardianship or wardship of the trusteeship or guardian of the rights and the protection of the rights and legitimate interests of the trustee arises from the date of adoption by the organ The trusteeship and trusteeship act on the appointment of a guardian or tutor performing his or her duties. The right of a tutor or a guardian to remuneration arises from the time of the conclusion of the guardianship or trusteeship contract. 4. The procedure and the time limits for the conclusion of the contract provided for in Part 1 of this article shall be determined by the Government of the Russian Federation. Article 15. Rights and duties of guardians and custodians 1. The rights and duties of tutors and guardians are governed by civil law. The rights and duties of tutors and guardians regarding the education and upbringing of minor children are determined by family law. 2. The guardians are the legal representatives of their wards and are entitled to defend the rights and legitimate interests of their wards in any relationship without any special authority. 3. The trustee may act as the legal representative of his or her Trust in cases provided for by federal law. The trusteers of minor citizens shall assist wards in the exercise of their rights and the performance of their duties and shall protect them from abuse by third parties. 4. In the interests of the ward, the trusteeship and guardianship authority, in the act on the appointment of a tutor or guardian, or in a contract of guardianship or trusteeship, may indicate certain acts which the guardian or tutor does not have the right to do, including: may forbid the guardian or trustee to change the place of residence of the ward, and also in order to take account of the individual personality of the ward, to establish the mandatory requirements for the exercise of the rights and the performance of the duties of a tutor or guardian, including such requirements, which define specific conditions of education a minor. 5. Guardians or guardians are obliged to inform the tutelage and guardianship authorities of the change in the place of residence of the wards not later than the day following the disposal of the wards from the previous place of residence. 6. In the temporary absence of a ward, in particular in connection with the training or staying in a medical organization, the stay in the places of serving the sentence, the exercise of rights and performance shall not be terminated. The duties of the guardian or tutor with respect to the ward. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 7. In the exercise of their rights and duties, guardians and tutors have the right to assist them in providing medical, psychological, educational, legal and social assistance. The conditions and procedure for providing assistance in providing this assistance are determined by the legislation of the Russian Federation on social services. (Part of the addition is the federal law of 02.07.2013. N 167-FZ) Article 16. Reimbursable and refunded duties custody and guardianship 1. The duties of guardianship and custody are performed without charge, except as provided for in this article, as well as the Family Code of the Russian Federation. Federation. 2. The tutelage and guardianship authorities are entitled, on the basis of the interests of the ward, to conclude a contract of guardianship or trusteeship with the guardian or trustee on the exchange of conditions. Remuneration for the tutor or guardian may be paid from the proceeds of the property of the Trust, the funds of third parties and the budget of the constituent entity of the Russian Federation. The limit on the amount of remuneration for a trusteeship or guardianship agreement is determined by the Government of the Russian Federation. The cases and procedures for the payment of remuneration to guardians or custodians from the budgets of the constituent entities of the Russian Federation are established by the laws of the constituent entities of the Russian Federation. 3. At the request of the guardian or trustee who performs his duties in good faith, the tutorship and guardianship authorities, in lieu of the remuneration provided for in part 2 of this article, have the right to grant them free use of the assets of the ward of their own interests. The trusteeship or guardianship contract shall specify the assets of the Trust Fund for which the grant is authorized and the period of use of the asset of the ward. The tutelage and guardianship authorities shall have the right to terminate the use of the person's property before the tutelage for non-execution or improper performance by the guardian or trustee of his or her duties, as well as a substantial breach by the guardian or trustee of the estate the rights and interests of the ward. 4. The guardian or trustee of a dwelling owned by a ward shall be allowed to be used in the order and under the conditions set out in part 3 of this article when the place of residence of the guardian or ward is removed from the place of residence of the Convention on the Rights of the Chapter 4: The legal regime of the assets of Trust Article 17. The property rights of Trust 1. Trust funds are not entitled to the property of the guardians or custodians, and guardians or custodians are not entitled to the property of the wards, including the amounts of alimony, pensions, allowances and other services provided for the wards. Social benefits. 2. Property may be owned by the guardians or custodians and wards on the right to common property on the basis of civil law. 3. Trust is entitled to use the property of his or her guardians with their consent. 4. Custodians or guardians are not entitled to avail themselves of the assets of the ward in their interests, except as provided for in article 16 of this Federal Act. Article 18. Protection of the property of a ward 1. Custodian or guardian, with the exception of the persons who have been restricted by a court of legal capacity, is obliged to accept the property of the person in custody from the persons who have carried it out within three days from the date of the establishment of their rights and duties. 2. The property of the ward shall be recorded by the tutelage and guardianship authorities in the presence of a guardian or tutor, the representatives of the homeowners ' association, the housing, housing, construction or other specialized consumer cooperative; The administration of the apartment house, the management of the organization or the internal affairs agencies, as well as the minor who has reached the age of fourteen years, at his or her request. Other interested persons may be present in the preparation of the inventories of the Trust Fund. The records of the Trust Fund shall be made in two copies and shall be signed by all persons involved in its preparation. One copy of the inventory shall be transferred to the guardian or trustee; another copy of the inventory shall be stored in the case of a ward, which is maintained by the tutelage and guardianship authorities. 3. The property of the ward, in respect of which a trust agreement has been concluded in accordance with article 38 of the Civil Code of the Russian Federation The administration of property, guardian or trustee is not transmitted. 4. If necessary, if the interests of the ward are required, the guardian or tutor immediately has to file a claim in court to claim the property of the ward from unlawful possession or take other measures to protect the property rights Trust. 5. Custodian and trustee are required to take care of the assets transferred to them as their own, avoid reducing the value of the asset and contribute to the recovery of the asset. The custodian and the guardian of the duties are carried out at the expense of the person's property. Article 19. Disposition of Trust Assets 1. The general rules for the administration of the wards are set out in the Civil Code of the Russian Federation. 2. The tutelage and guardianship authorities shall provide the guardians and trustees with authorization and mandatory instructions in writing for the administration of the assets of the wards. 3. The guardian has the right to grant money to a ward, and the guardian has the right to consent to the payment of money to an account or bank account opened in a bank or bank, provided that the funds in question are included, including: Capitalized (numerical) interest on the sum, insured in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation and the total amount of funds held in the account or accounts in one bank does not exceed Federal Act No. 177-FZ of 23 December 2003 on insurance The contribution of individuals in banks of the Russian Federation "reimbursement of deposits". The cash flow of the ward, introduced by in banks, is subject to the provisions of the civil law on the legal capacity of citizens and the provisions of article 37 (1) Civil Code 3-1. In case the total amount of money held in the account or accounts in one bank exceeds the amount provided by the Federal Law of 23 December 2003 No. 177-FZ "Insurance of deposits of individuals in banks of the Russian Federation". The following working day shall be notified by the bank not later than the following working day to the tutor or guardian, and to the tutorship and guardianship agency on the amount of such excess and the consequences of such excess. (Part of the addition is the Federal Law of 22 December 2014. N 432-FZ)3-2. The requirements set out in parts 3 and 3 to 1 of this article also apply to funds held in a nominal account that is opened by a trustee or guardian and the beneficiary is a ward, such a nominal account. The opening of a guardian or tutor for each ward. (Part of the addition is the Federal Law of 22 December 2014. N 432-FZ 4. The guardian is not entitled to conclude a loan contract and a loan agreement on behalf of a borrower, and the trustee is not entitled to consent to the conclusion of such contracts unless the borrower is required for the purpose of maintaining the loan or to provide it with accommodation. A credit contract, a loan contract on behalf of a ward, in such cases consists of the prior authorization of the tutelage and guardianship authority. When an application for a permit is made, the guardian or tutor is required to specify the property to be discharged. 5. The property of the ward is not transferable to the loan, except if the mortgage is secured by a mortgage. 6. The guardian is not entitled to conclude a contract for the transfer of the Trust's property to use, and the trustee may not agree to the conclusion of such a contract if the life of the asset exceeds five years. In exceptional cases, the conclusion of a contract for the transfer of the trustee's assets for a period of more than five years is permitted with the prior authorization of the trusteeship and guardianship authority if there is evidence of a particular benefit of such a treaty, unless the federal law establishes a different time limit. Article 20. Features of the immovable property order belonging to the ward 1. Unforestable property belonging to the Trust is not subject to alienation except: 1) enforcement of the claim on the grounds and in the manner prescribed by the federal law, including when reprimanded for Bail; 2) alienation under the contract of rent, if such a contract is committed to the benefit of a ward; 3) the disposition of the contract, if such a contract is committed to the benefit of the ward; 4) Exclusion of a dwelling owned by a ward, in a change of place (...) (...) 118-FZ) 5) alienation of immovable property in exceptional cases (the need for expensive treatment and the other) if the interests of the ward so require. 2. For the purpose of finding in accordance with Part 1 of this article, transactions aimed at alienating immovable property belonging to the Trust are subject to prior authorization by the tutelage and guardianship authority issued in accordance with article 21. of this Federal Law. 3. In the event of the alienation of the dwelling of a ward without prior authorization of the tutelage and guardianship authority, the rules of article 21, paragraph 4, of this Federal Act shall apply. Article 21. The prior authorization of the tutelage and guardianship authority, affecting the exercise of the property rights of the ward , 1. The guardian is not entitled without prior authorization from the tutelage and guardianship authority, and the guardian is not entitled to consent to the transaction of the property of the ward, in the lease, free of charge or on bail The property of a charge (including exchange or donation), the commission of transactions entailing renunciation of the rights of the Trust, the division of its property or the allocation thereof, and the commission of any other transaction involving a decline the value of the property of the ward. The prior authorization of the tutelage and guardianship authority shall also be required in all other cases if the actions of the tutor or guardian may result in a reduction in the value of the person's property, including: 1) forgiving; of a settlement in the settlement of a settlement agreement on behalf of the Trust; (3) the conclusion of a settlement agreement with the debtor of the enforcement proceeding, in which the Trust is I'm going to call you. 2. The prior authorization of the tutelage and guardianship authority is required in cases of extradition of a power of attorney on behalf of a trustee. 3. The prior authorization of the tutelage and guardianship authority provided for in Parts 1 and 2 of this Article or the refusal of such authorization shall be granted to the guardian or tutor in writing not later than fifteen days from the date of Application for such authorization. The refusal of the tutorship or guardianship agency to issue such a permit must be motivated. The prior authorization issued by the tutorship and guardianship agency or the refusal to grant such permission may be challenged by the guardian or trustee, other interested persons and the prosecutor. 4. If a treaty is found to be concluded on behalf of a ward without prior authorization of the tutelage or guardianship authority, the latter is obliged to apply immediately on behalf of a client to the court for the termination of the contract in accordance with civil law, except where such a contract has been concluded for the benefit of the Trust. In the event of the termination of such a contract, the property owned by the Trust shall be surrendered and the damages to the parties to the contract shall be reimbursed by the guardian or trustee in the amount and in the manner prescribed by the civil law. 5. The rules set out in part 3 of this article shall also apply to the guardianship authorities for consent to the alienation of a dwelling in the cases provided for in article 292, paragraph 4, Civil Code of the Russian Federation. Article 22. Protection of property rights and interests of the adult citizen restricted by the court in legal capacity 1. The rules of article 37 of the Civil Code apply to the protection of the property rights and interests of an adult citizen restricted by a court of legal capacity. of the Russian Federation), as well as the provisions of this chapter, with the exception of the provisions of article 18 of this Federal Law. 2. A minor citizen who has been restricted by a court of law shall independently take measures to protect his or her property interests. 3. The trustee of an adult citizen restricted by a court of legal capacity is entitled to demand the annulment of transactions performed by his or her wards without the consent of the guardian, in accordance with article 176 Civil Code of the Russian Federation. Article 23. Trust Property Management of Trust Trust Management of Trust Property, along with the rules established by The Civil Code of the Russian Federationapplies the provisions of articles 19 and 20 of this Federal Law. Chapter 5: Responsibility of guardians, custodians and tutelage and guardianship authorities Article 24. Supervision of guardians and custodians 1. The activities of guardians and tutors are supervised by the tutelage and guardianship authorities at the place of residence of the ward, or if the guardians or custodians are appointed at their place of residence, the guardianship authorities and the guardianship authorities at the place of residence of the guardians or trustees. 2. The tutelage and guardianship authorities are obliged to carry out in order and within the time limits determined by the Government of the Russian Federation, verification of the living conditions of the wards, the observance by guardians and trustees of the rights and lawful interests of the Trust, the preservation of their property, as well as the performance of the guardians and custodians of the requirements for the exercise of their rights and the performance of their duties, as determined in accordance with article 15, paragraph 4, of this Federal Act. 3. The guardianship and guardianship authorities have the right to appeal to the tutelage and guardianship authorities. 4. Persons who have become aware of the threat to the life or health of a person under guardianship or trusteeship of the violation of his or her rights and legitimate interests are obliged to inform the tutelage and guardianship authorities of the violation of their rights and legitimate interests or a prosecutor. When receiving the said information, the tutelage and guardianship authorities must take the necessary measures to protect the rights and legitimate interests of the ward and to notify the applicant in writing. Article 25. A custody or guardian's report 1. The guardian shall submit a written record of the previous year's storage to the guardianship or trusteeship authorities no later than 1 February of the current year, unless otherwise stipulated by the trusteeship or guardianship authority, and Use of the asset of the Trust Fund and on the administration of the asset of the Trust. (In the wording of the Federal Law of 2 July 2013) N 167-FZ 2. A guardian's report shall contain information on the condition of the property and place of storage, the acquisition of property to replace the proceeds of the disposition, the proceeds from the administration of the Trust Fund, and the expenditure incurred from the property Trust. Records (copies of cheques, tax receipts, insurance claims and other payment documents) are attached to the report of the guardian or trustee, with the exception of the charges made against the Trust Fund. Expenditure on food, basic necessities and other minor domestic needs. (...) (...) N 167-FZ ) 3. The report of the tutor or guardian shall be approved by the head of the tutorship and guardianship agency. 4. Upon the approval of the report by the guardian or trustee, the tutelage and guardianship authority excludes from the inventory of the assets of the ward and makes appropriate changes to the property records of the ward. 5. The report of the guardian or tutor is kept in the Trust's personal file. The rules for the conduct of the personal affairs of wards shall be established by the Government of the Russian Federation. Article 26. Responsibility of guardians and custodians 1. The guardians are responsible for transactions committed on behalf of wards, in accordance with the procedure established by civil law. 2. Guardians and tutors are responsible for the damage caused by their personal or property guilt, in accordance with the civil law's rules of liability for damage. 3. If the trustee or trustee is in charge of protecting the property of the ward and administering the property of the ward (damage, improper storage of property, submisappropriation of property, commission of actions, The guardianship authorities are required to draw up an act and submit a claim against the trustee or trustee for damages caused to the Trust by the trusteeship and guardianship authorities. 4. Guardians and tutors are criminally liable and administrative liability for their acts or omissions in accordance with the procedure established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. Article 27. The activities of the tutelage and guardianship authorities are monitored by the competent legislation of the Russian Federation and the laws of the constituent entities of the Russian Federation. authorities and officials. Article 28. The responsibility of the tutelage and guardianship authorities to the harm caused by an unlawful act or omission by the tutelage and guardianship authorities or officials of those bodies, including as a result of the publication The relevant legislation of the tutorship and guardianship agency is to be refunded in the manner prescribed by civil law. Chapter 6: Termination of tutorship and guardianship Article 29. The grounds for the termination of tutorship and guardianship 1. Guardianship or trusteeship shall be terminated: 1) in the event of the death of the guardian or trustee or ward; 2) upon the expiry of the act of appointment of the guardian or trustee; 3) upon release or suspension A guardian or tutor for the performance of his duties; 4) in the cases provided for in article 40 of the Civil Code of the Russian Federation. 2. Custody of children of minor parents shall be terminated on the grounds provided for in Part 1 of this article, as well as on the attainment by parents of the age of eighteen years and in other cases of full civil capacity. until the age of majority. 3. The guardian may be released from his or her duties at their request. 4. The tutelage and guardianship authority may release a guardian or tutor from the performance of his or her duties, including temporarily, in the event of a conflict between the interests of the ward and the interests of the tutor or guardian. 5. The tutelage and guardianship authorities have the right to remove the guardian or tutor from the performance of their duties. The separation of a tutor or guardian from the performance of his or her duties is permitted in the case of: (1) improper performance of the duties assigned to them; (2) the violation of the rights and legitimate interests of the ward) The number of cases of guardianship or custody of the tutelage or guardianship, or in the case of the abandonment of a ward without supervision and the necessary assistance; (3) by the tutelage and guardianship authorities of the facts of a material breach by a guardian or tutor established by a federal law or a contract for the protection of the property of a ward (or) disposition of its property. 6. In the cases referred to in paragraphs 3 to 5 of this article, the rights and duties of the tutor or guardian shall be terminated upon the adoption by the guardianship or trusteeship authority of an act of releasing a guardian or tutor from the performance of his or her duties or of their suspension from the performance of their duties. 7. The act of tutelage and guardianship authority for the release of the guardian or trustee from the performance of their duties or their suspension from the performance of their duties may be challenged by the person against whom he or she has been accepted, court order. Article 30. The effect of the termination of tutorship and guardianship 1. A person performing the duties of a tutor or guardian, no later than three days from the date on which he became aware of the termination of guardianship or trusteeship, is required to submit a report to the guardianship and trusteeship authority in accordance with the rules established by the Article 25 of this Federal Act. 2. The tutelage and guardianship authority, when acting as the guardian or trustee of the grounds for administrative, criminal or other liability, is required to take appropriate action not later than seven days from the date of receipt (c) Report of the Committee on the Rights of the child 3. In connection with the termination of the guardianship or trusteeship, a contract of guardianship or custody concluded in accordance with article 16 of the present Federal Act shall be terminated. Chapter 7: State support for tutelage and guardianship Article 31. Forms of State support for tutelage and guardianship 1. Trust as well as guardians or tutors are entitled to State support for the types of State support established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. 2. The amounts of benefits and other payments intended for the accommodation, food and other needs of the mentee belong to the Trust and are spent in accordance with the provisions established by Civil Code of the Russian Federation and this Federal Law. 3. Benefits and other benefits for the benefit of a guardian or tutor are owned and expated by the tutor or guardian. 4. The legislation of the constituent entity of the Russian Federation may establish additional forms of State support for tutorship and guardianship not provided for in the legislation of the Russian Federation. Chapter 8: Final provisions Article 32. Entry into force of this Federal Law 1. This Federal Act shall enter into force on 1 September 2008 and shall apply to legal relations that have arisen after the day of its entry into force. 2. The legal relationship that arose prior to the date of the entry into force of this Federal Act applies to the rights and obligations that will arise after the day of its entry into force. 3. The treaties on the placement of a child in foster care, as well as treaties on foster care (foster care), concluded before 1 September 2008, remain in force. At the request of the adoptive parents or foster parents, these instruments may be redesigned in accordance with this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 24 April 2008 N 48-FZ