On approval of the regulation on the internal state audit committee of the Ministry of Finance of the Republic of Kazakhstan. October in the Department of internal state audit in the North Kazakhstan region for pensioners of the Department held a festive

Guarantees for the provision of housing for orphans are regulated by the federal law "On additional guarantees for the social support of orphans and children left without parental care." Since 2013, the law on the procedure for providing apartments under a social tenancy agreement to orphans has changed. In particular, orphans now have the right to receive housing on a first-come, first-served basis.

In 2019, the government proposed new order accounting for orphans who must be provided with housing. It lies in the fact that now their legal representatives will be able to independently submit applications for registration of a child in need of housing. As noted in the ministry, the guardianship and guardianship authorities will control the timely filing by guardians of an application for the inclusion of children in the register. Relevant documents within three months after the child turns 14 must be submitted by the legal representatives of the child. It is clarified that residential premises are provided to orphans and persons from among them upon their application in writing when they reach the age of 18 or acquire full legal capacity before reaching the age of 18.

The law also contains norms that protect orphans from criminal encroachments on housing. The measure is explained by the fact that often orphans are not registered and are forced to go to court to get housing. The total number of apartments provided to children left without parental care should not exceed 25% of the total number of apartments in this apartment building. This measure is designed to exclude situations where the house is inhabited only by orphans who are not fully socialized and who have no one to turn to in case of difficulties.

Federal Law No. 159-FZ of December 21, 1996
(as amended on 12/25/2018)
"On additional guarantees for social support for orphans and children left without parental care"

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ADDITIONAL WARRANTY

FOR SOCIAL SUPPORT FOR ORPHANS AND CHILDREN,

LEFT WITHOUT PARENTAL CARE

State Duma

Federation Council

List of changing documents

(as amended by the Federal Laws of February 8, 1998 N 17-FZ,

dated 07.08.2000 N 122-FZ, dated 08.04.2002 N 34-FZ, dated 10.01.2003 N 8-FZ,

dated 22.08.2004 N 122-FZ, dated 17.12.2009 N 315-FZ, dated 16.11.2011 N 318-FZ,

No. 326-FZ of 21.11.2011, No. 15-FZ of 29.02.2012, No. 167-FZ of 02.07.2013,

dated 02.07.2013 N 185-FZ, dated 25.11.2013 N 317-FZ, dated 04.11.2014 N 333-FZ,

dated December 22, 2014 N 442-FZ, dated December 31, 2014 N 500-FZ, dated November 28, 2015 N 358-FZ,

dated 03.07.2016 N 359-FZ, dated 12/28/2016 N 465-FZ, dated 01.05.2017 N 89-FZ,

dated 03/07/2018 N 56-FZ, dated 07/29/2018 N 267-FZ (as amended on 12/25/2018), dated 03.08.2018 N 322-FZ)

This Federal Law defines general principles, the content and measures of social support for orphans and children left without parental care, persons from among orphans and children left without parental care, as well as persons who have lost both parents or a single parent during the period of study.

(Preamble as amended by Federal Law No. 359-FZ of July 3, 2016)

Article 1. Concepts used in this Federal Law

For the purposes of this Federal Law, the following concepts are used:

orphans - persons under the age of 18 whose both or only parent have died;

children left without parental care - persons under the age of 18 who were left without the care of a single parent or both parents in connection with the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incapacitated (limitedly capable), declaration their deceased, the establishment by the court of the fact of the loss of parental care by the person, the serving of sentences by parents in institutions executing punishment in the form of deprivation of liberty, the presence in places of detention of suspects and those accused of committing crimes, the evasion of parents from raising their children or from protecting their rights and interests , refusal of parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases of recognizing children as left without parental care in statutory okay;

persons from among orphans and children left without parental care - persons aged 18 to 23 years, who, when they were under the age of 18, both or the only parent died, as well as who were left without the care of the only or both parents and, in accordance with this Federal Law, are entitled to additional guarantees for social support;

persons who have lost both parents or a single parent during the period of study - persons aged 18 to 23 years who, during their studies in basic professional educational programs and (or) both parents or the only parent died under vocational training programs for the professions of workers, positions of employees;

(the paragraph was introduced by Federal Law No. 359-FZ of July 3, 2016)

organizations for orphans and children left without parental care - educational organizations, medical organizations, organizations providing social services in which orphans and children left without parental care are placed under supervision;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

guardianship and guardianship - a form of placement of orphans and children left without parental care, for the purpose of their maintenance, upbringing and education, as well as for the protection of their rights and interests; guardianship is established over children under the age of 14; guardianship is established over children aged 14 to 18;

foster family - a form of placement of orphans and children left without parental care, on the basis of an agreement on the transfer of a child (children) to be raised in a family between the guardianship and guardianship authorities and foster parents (spouses or individual citizens who wish to take children to be raised in a family) );

complete state provision orphans and children left without parental care - providing them with free meals, a free set of clothes, shoes and soft inventory, living in a residential area without charging a fee or reimbursement of them full cost as well as free medical care;

(as amended by Federal Laws No. 315-FZ of 17.12.2009, No. 185-FZ of 02.07.2013, No. 317-FZ of 25.11.2013, No. 359-FZ of 03.07.2016)

full state provision and additional guarantees for social support upon receipt vocational education and (or) when undergoing vocational training - providing orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time form of education in basic professional educational programs at the expense of the relevant budgets budget system Russian Federation and (or) under professional training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, free food, a free set of clothes, shoes and soft equipment or reimbursement of their full cost, the provision of housing in the manner prescribed by the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", legislatively fixed additional measures for social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, as well as free medical care until the completion of training for the specified educational programs;

graduates of organizations for orphans and children left without parental care - persons who are placed under supervision in an organization for orphans and children left without parental care, on full state support and have completed their stay in this organization;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

additional guarantees for social support - legally fixed additional measures on social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time education in basic vocational education programs at the expense of the relevant budgets of the budgetary system of the Russian Federation and (or) professional training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets.

(as amended by Federal Law No. 359-FZ of July 3, 2016)

Article 2. Relations regulated by this Federal Law

(as amended by Federal Law No. 359-FZ of July 3, 2016)

This Federal Law regulates relations arising in connection with the provision and provision by state authorities of additional guarantees for the social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, as well as persons who lost both parents or a single parent during the period of study.

Article 3

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The legislation of the Russian Federation on additional guarantees for the social support of orphans and children left without parental care consists of the relevant articles of the Constitution of the Russian Federation, this Federal Law, federal laws and other regulatory legal acts of the Russian Federation, as well as constitutions (charters), laws and other regulatory legal acts of the subjects of the Russian Federation.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty shall apply.

Article 4. Measures to ensure additional guarantees for social support for orphans and children left without parental care

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Additional guarantees for social support for orphans and children left without parental care, provided in accordance with the current legislation, are provided and protected by the state.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation develop and implement targeted programs for the protection and protection of the rights of orphans and children left without parental care, ensure the creation of state institutions and centers for them.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Part three is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Information on the provision of additional guarantees for social support for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study is posted in the Unified State information system social security. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with the Federal Law of July 17, 1999 N 178-FZ "On the State social assistance".

(Part four was introduced by Federal Law No. 56-FZ of March 7, 2018)

Article 5 Financial support additional guarantees for social support for orphans and children left without parental care

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The additional guarantees provided for by this Federal Law for orphans and children left without parental care (with the exception of children studying in federal state educational organizations), are expenditure obligations of the constituent entities of the Russian Federation. Laws and other regulations legal acts subjects of the Russian Federation may be established additional types social support for orphans and children left without parental care. The additional guarantees provided for by this Federal Law for orphans and children left without parental care studying in federal state educational institutions are expenditure obligations of the Russian Federation.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 6. Additional guarantees of the right to education

(as amended by Federal Law No. 359-FZ of July 3, 2016)

1. Orphans and children left without parental care, persons from among orphans and children left without parental care have the right to study at the preparatory departments of educational institutions of higher education at the expense of the appropriate budget of the budgetary system of the Russian Federation in the manner established by the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation".

2. Orphans and children left without parental care, persons from among orphans and children left without parental care shall have the right to receive a second secondary vocational education under the training program for skilled workers serving full-time education at the expense of the relevant budgets of the budgetary system of the Russian Federation. Orphans and children left without parental care, persons from among orphans and children left without parental care, have the right to a one-time training in vocational training programs for the professions of workers, positions of full-time employees at the expense of the budgets of the subjects Russian Federation. For orphans and children left without parental care, persons from among orphans and children left without parental care who have passed professional education as part of the development of educational programs of secondary general education, educational programs of secondary vocational education, the right to one-time training in vocational training programs for the professions of workers, positions of employees in full-time education at the expense of the budgets of the constituent entities of the Russian Federation is retained.

3. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, studying full-time education in basic professional educational programs for the account of the funds of the relevant budgets of the budgetary system of the Russian Federation and (or) for professional training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, are credited to full state support until the completion of training in the specified educational programs.

In case of achievement by persons from among orphans and children left without parental care, by persons who lost both parents or a single parent during the period of study, who are studying full-time in basic professional educational programs at the expense of the relevant budgets of the budget system of the Russian Federation and ( or) under vocational training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, at the age of 23, they retain the right to full state support and additional guarantees for social support provided for these persons until the completion of training for such educational programs.

4. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time education in basic professional educational programs for account of the relevant budgets of the budget system of the Russian Federation, along with full state support, a state social scholarship is paid in accordance with Federal Law No. 273-FZ of December 29, 2012 "On Education in the Russian Federation", an annual allowance for the purchase educational literature and writing utensils.

The allowance for the purchase of educational literature and writing materials is paid to orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, studying full-time training in basic professional educational programs at the expense of federal budget, with the exception of these persons studying in federal state educational organizations that train personnel in the interests of the defense and security of the state, ensuring law and order, in the amount of a three-month state social scholarship in the manner established by the Government of the Russian Federation.

The amount and procedure for paying allowances for the purchase of educational literature and writing materials, as well as other payments to orphans and children left without parental care, to persons from among orphans and children left without parental care, to persons who lost both parents during the period of study or a single parent studying full-time education in basic professional educational programs at the expense of the federal budget in federal state educational organizations that train personnel in the interests of defense and security of the state, ensuring law and order, are established by the federal state authority in charge of relevant educational organizations.

The amount and procedure for paying benefits for the purchase of educational literature and stationery to orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, students for full-time education in basic professional educational programs at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, are established by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation.

5. Graduates of organizations for orphans and children left without parental care, and persons from among orphans and children left without parental care, studying full-time education as specified in paragraph one of paragraph 3 this article educational programs at the expense of the relevant budgets of the budget system of the Russian Federation and those who come during holidays, weekends and holidays to these organizations or to other organizations for orphans and children left without parental care, or to organizations that carry out educational activities, by decision of the management bodies of these organizations can be credited for free meals and accommodation for the period of their stay in them.

6. The norms and procedure for providing, at the expense of the federal budget, free meals, a free set of clothes, shoes and soft equipment for children who are in organizations for orphans and children left without parental care, as well as orphans and children left without care parents, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, who are studying full-time in basic professional educational programs at the expense of the federal budget, with the exception of those studying and being brought up in special educational institutions of open and closed type, studying in federal state educational organizations, carrying out training in the interests of defense and security of the state, ensuring law and order, are approved by the Government of the Russian Federation.

The norms and procedure for providing free food, a free set of clothes, shoes and soft equipment for orphans and children left without parental care, persons from among orphans and children left without parental care who study and are brought up in special educational and educational institutions of open and closed type, are established in accordance with the Federal Law of June 24, 1999 N 120-FZ "On the fundamentals of the system for the prevention of neglect and juvenile delinquency."

The norms and procedure for providing, at the expense of the federal budget, free meals, a free set of clothes, shoes and soft equipment for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost during the period education of both parents or a single parent who are full-time students in basic professional educational programs at the expense of the federal budget in federal state educational organizations that train personnel in the interests of defense and security of the state, law and order, are approved by the federal government agency responsible for the respective educational institutions.

The norms and procedure for providing, at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, free meals, a free set of clothes, shoes and soft equipment for children who are in organizations for orphans and children left without parental care, as well as orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time education according to the paragraph one of paragraph 3 of this article educational programs at the expense of the budgets of the constituent entities of the Russian Federation or local budgets are approved by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation.

7. Graduates of organizations for orphans and children left without parental care, special educational and educational institutions of open and closed type, in which they were trained and brought up at the expense of the federal budget, graduates of organizations engaged in educational activities, who studied full-time on basic professional educational programs at the expense of the federal budget, with the exception of those who studied in federal state educational organizations that train personnel in the interests of the defense and security of the state, ensure law and order, and also continue full-time education in basic professional educational programs at the expense of federal budget funds - orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of education, are provided at the expense of the funds of the organizations in which they were educated and brought up with a free set of clothes, shoes, soft furnishings and equipment in accordance with the norms and in the manner approved by the Government of the Russian Federation, and a one-time cash allowance in the amount of at least five hundred rubles.

At the request of the graduate, he may be given monetary compensation in the amount necessary for the purchase of the specified clothing, footwear, soft furnishings and equipment, or such compensation may be transferred to an account or accounts opened in the name of the graduate in a bank or banks, provided that the specified funds, including capitalized (accrued) interest on their amount, are insured in the system compulsory insurance deposits in banks of the Russian Federation and the total amount Money located on the account or accounts in one bank, does not exceed the amount of compensation for deposits provided for by the Federal Law of December 23, 2003 N 177-FZ "On Insurance of Deposits in Banks of the Russian Federation".

(as amended by Federal Law No. 322-FZ of August 3, 2018)

Graduates of federal state educational organizations that train personnel in the interests of defense and security of the state, ensuring law and order - orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost during the period of study of both parents or a single parent, with the exception of persons continuing full-time education in basic professional educational programs at the expense of the federal budget, they are provided with a free set of clothes, shoes, soft inventory, equipment, or, at the request of the graduate, with monetary compensation and a one-time cash allowance according to the norms and in the manner established by the federal state body in charge of the relevant educational organizations.

Graduates of organizations for orphans and children left without parental care, special educational and educational institutions of open and closed type, in which they were trained and brought up at the expense of the budgets of the constituent entities of the Russian Federation, graduates of organizations engaged in educational activities, who studied full-time education as specified in paragraph one of paragraph 3 of this article to educational programs at the expense of the budgets of the constituent entities of the Russian Federation or local budgets - orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents during the period of study or a single parent, with the exception of persons continuing full-time education according to the paragraph one of paragraph 3 of this article, educational programs at the expense of the budgets of the constituent entities of the Russian Federation or local budgets are provided with a free set of clothes, shoes, soft inventory, equipment and a one-time cash allowance in the amount and in the manner that are approved by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the bodies executive power of the constituent entities of the Russian Federation.

The additional guarantees for social support provided for in this paragraph are not provided to orphans and children left without parental care, to persons from among orphans and children left without parental care, to persons who have lost both parents or a single parent during the period of study, in case if these guarantees have already been provided to them at the expense of the organization where they were previously trained and (or) brought up.

8. When providing orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time education in basic vocational education programs at the expense of the appropriate budget of the budgetary system of the Russian Federation, academic leave for medical reasons, leave for pregnancy and childbirth, leave to care for a child until he reaches the age of three years, they retain full state support for the entire period of these holidays and are paid a state social scholarship .

9. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, who are studying full-time education in basic professional educational programs for account of federal budget funds, with the exception of students studying in federal state educational organizations that train personnel in the interests of the defense and security of the state, ensuring law and order, are provided with free travel on urban, suburban transport, in countryside by intra-district transport (except for taxis), as well as free travel once a year to the place of residence and back to the place of study in the manner established by the Government of the Russian Federation.

Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, studying full-time education in basic professional educational programs in federal state educational organizations that train personnel in the interests of the defense and security of the state, ensuring law and order, are provided with free travel on urban, suburban transport, in rural areas on intra-district transport (except for taxis), as well as free travel once a year to the place of residence and back to the place of study in the manner prescribed by the federal state body in charge of the relevant educational organizations.

The procedure for providing free travel for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, who are studying full-time education as specified in paragraph one of paragraph 3 of this article to educational programs at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, is determined by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation.

Article 7. Additional guarantees of the right to medical care

(as amended by Federal Law No. 317-FZ of November 25, 2013)

1. Orphans and children left without parental care, as well as persons from among orphans and children left without parental care, are provided with free health care in medical organizations state system health care and the municipal health care system, including high-tech medical care, clinical examination, rehabilitation, regular medical examinations, and they are sent for treatment outside the territory of the Russian Federation at the expense of the budgetary allocations of the federal budget in the manner established by the federal executive body exercising the functions for the development and implementation public policy and legal regulation in the healthcare sector.

(as amended by Federal Laws No. 122-FZ of 22.08.2004, No. 167-FZ of 02.07.2013)

2. Orphans and children left without parental care, persons from among orphans and children left without parental care are provided with vouchers to organize children's recreation and rehabilitation (to sanatorium and resort organizations - if there are medical indications), and travel to the place of treatment (rest) and back is also paid. State authorities of the constituent entities of the Russian Federation and bodies local government ensure the provision of orphans and children left without parental care, persons from among orphans and children left without parental care, vouchers to organize recreation for children and their rehabilitation, subordinated respectively to state authorities of the constituent entities of the Russian Federation and local governments, in priority order.

In the case of self-acquisition of vouchers and payment for travel to the place of treatment (rest) and back by guardians (custodians), foster parents or foster caregivers of orphans and children left without parental care, or persons from among orphans and children left without care parents, they may be provided with compensation for the cost of a voucher and travel to the place of treatment (rest) and back in the amount and in the manner prescribed by the regulatory legal acts of state authorities of the constituent entities of the Russian Federation and local governments.

(clause 2 as amended by the Federal Law of December 28, 2016 N 465-FZ)

Article 8. Additional guarantees of rights to property and living quarters

(as amended by Federal Law No. 15-FZ of February 29, 2012)

1. Orphans and children left without parental care, persons from among orphans and children left without parental care who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans and children left without parental care, persons from among orphans and children left without parental care who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners residential premises, in the event that their residence in previously occupied residential premises is recognized as impossible, the executive authority of the constituent entity of the Russian Federation on whose territory the place of residence of these persons is located, in the manner established by the legislation of this constituent entity of the Russian Federation, provides comfortable residential premises of a specialized housing stock under contracts for the rental of specialized residential premises.

Residential premises are provided to the persons specified in the first paragraph of this paragraph, upon their application in writing upon reaching the age of 18, as well as in the event that they acquire full legal capacity before reaching the age of majority. In cases provided by law subjects of the Russian Federation, residential premises may be provided to the persons specified in the first paragraph of this paragraph, upon their application in writing, earlier than when they reach the age of 18 years.

(as amended by Federal Law No. 267-FZ of July 29, 2018)

At the request in writing of the persons specified in paragraph one of this paragraph and who have reached the age of 18 years, living quarters are provided to them at the end of their stay in educational organizations, organizations social service, medical organizations and other organizations created in the manner prescribed by law for orphans and children left without parental care, as well as upon completion of vocational education, vocational training, or completion of military service on conscription, or the end of serving a sentence in correctional institutions.

(as amended by Federal Laws No. 185-FZ of July 2, 2013, No. 358-FZ of November 28, 2015, and No. 267-FZ of July 29, 2018)

2. The executive authorities of the constituent entities of the Russian Federation, in the manner established by the regulatory legal acts of the constituent entities of the Russian Federation, are obliged to exercise control over the use and safety of residential premises by tenants or members of the families of tenants under social tenancy agreements or whose owners are orphans and children left without parental care, ensuring proper sanitary and technical condition residential premises, as well as to exercise control over their disposal.

(Clause 2 as amended by Federal Law No. 267-FZ of July 29, 2018)

3. The executive authority of the constituent entity of the Russian Federation draws up a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons specified in paragraph 9 of this article, who are subject to provision with living quarters ( hereinafter - the list) in accordance with paragraph 1 of this article. Persons listed in paragraph one of paragraph 1 of this article, are included in the list upon reaching the age of 14 years.

The procedure for compiling the list, the application form for inclusion in the list, an approximate list of documents required for inclusion in the list, the terms and grounds for making a decision to include or refuse to be included in the list, as well as the terms for inclusion in the list are established by the Government of the Russian Federation.

An application for inclusion in the list is submitted by the legal representatives of orphans and children left without parental care who have reached the age of 14 years, within three months from the day they reach the specified age or from the moment the grounds for providing residential premises provided for arise. paragraph one of paragraph 1 of this article.

The guardianship and guardianship authorities exercise control over the timely filing of applications for inclusion of these children in the list by the legal representatives of orphans and children left without parental care, and in case of failure to submit such applications, take measures to include these children in the list.

Orphans and children left without parental care who have acquired full legal capacity before they reach the age of majority, as well as persons from among orphans and children left without parental care, if they are in due course were not included in the list until they acquired full legal capacity until they reached the age of majority or until they reached the age of 18, respectively, and did not exercise their right to be provided with living quarters, they have the right to independently apply in writing for their inclusion in the list.

(Clause 3 as amended by Federal Law No. 267-FZ of July 29, 2018)

3.1. Orphans and children left without parental care, persons from among orphans and children left without parental care are excluded from the list in case of:

1) providing them with living quarters in accordance with paragraph 1 of this article;

2) the loss by them of the grounds provided for by this article for the provision of comfortable living quarters of a specialized housing stock under contracts for renting specialized residential premises;

3) their inclusion in the list in another subject of the Russian Federation in connection with a change of residence. The procedure for excluding orphans and children left without parental care, persons from among orphans and children left without parental care from the list in the subject of the Russian Federation at their former place of residence and including them in the list in the subject of the Russian Federation at their new place of residence established by the Government of the Russian Federation;

4) termination of their citizenship of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation;

5) death or declaration of their death in the manner prescribed by the legislation of the Russian Federation.

(Clause 3.1 was introduced by Federal Law No. 267-FZ of July 29, 2018)

4. The residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or members of the families of tenants under social tenancy agreements or whose owners they are, is recognized impossible if it is contrary to the interests of these persons due to the presence of one of the following circumstances:

1) residence on any legal basis in such residential premises of persons:

deprived of parental rights in relation to these orphans and children left without parental care, persons from among orphans and children left without parental care (if there is a court decision that has entered into force on the refusal to forcibly exchange housing in accordance with part 3 articles 72 Housing Code Russian Federation);

suffering from a severe form of chronic diseases in accordance with the list specified in clause 4 of part 1 of article 51 of the Housing Code of the Russian Federation, in which it is impossible to live together with them in the same living quarters;

2) residential premises are recognized as unsuitable for habitation on the grounds and in the manner established by housing legislation;

(clause 2 as amended by the Federal Law of July 29, 2018 N 267-FZ)

3) the total area of ​​the residential premises per one person living in this residential premises is less than the allowance for the area of ​​the residential premises, including if such a decrease occurs as a result of orphans and children left without parental care moving into this residential premises, persons from among orphans and children left without parental care;

4) other circumstance established by the legislation of the subject of the Russian Federation.

5. The procedure for establishing the fact of the impossibility of living for orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or family members of tenants under social tenancy agreements or whose owners they are established by the legislation of the subject of the Russian Federation.

6. The term of the contract for the lease of specialized residential premises, provided in accordance with paragraph 1 of this article, is five years.

In the event that circumstances are revealed that indicate the need to provide the persons specified in paragraph 1 of this article with assistance in overcoming a difficult life situation, a lease agreement for specialized residential premises may be concluded for a new five-year period repeatedly by decision of the executive authority of a constituent entity of the Russian Federation. The procedure for revealing these circumstances is established by the legislation of the subject of the Russian Federation.

At the end of the term of the contract for the rental of specialized residential premises and in the absence of circumstances indicating the need to provide the persons specified in paragraph 1 of this article with assistance in overcoming a difficult life situation, the executive authority of the constituent entity of the Russian Federation that manages the state housing stock is obliged to make a decision on the exclusion of residential premises from the specialized housing stock and conclude with the persons specified in paragraph 1 of this article a social tenancy agreement in respect of this residential premises in the manner established by the legislation of the constituent entity of the Russian Federation.

(Clause 6 as amended by Federal Law No. 267-FZ of July 29, 2018)

7. Under contracts for the rental of specialized residential premises, they are provided to the persons specified in paragraph 1 of this article in the form of residential buildings, apartments, well-maintained in relation to the conditions of the corresponding settlement, according to the norms for providing living space under a social tenancy agreement. The total number of residential premises in the form of apartments provided to the persons specified in paragraph 1 of this article in one apartment building is established by the legislation of the subject of the Russian Federation and cannot exceed 25 percent of the total number of apartments in this apartment building, with the exception of settlements with a population of less than 10,000 people, and apartment buildings, the number of apartments in which is less than ten.

(as amended by Federal Law No. 267-FZ of July 29, 2018 (as amended on December 25, 2018))

8. Additional guarantees of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care to property and living quarters refer to spending commitments subject of the Russian Federation.

9. The right to provide housing on the grounds and in the manner provided for in this article shall be reserved for persons who belonged to the category of orphans and children left without parental care, persons from among orphans and children left without parental care , and reached the age of 23 years, before the actual provision of their living quarters.

Article 9. Additional guarantees of the right to work and to social protection against unemployment

(as amended by Federal Law No. 89-FZ of May 1, 2017)

1. Organs public service employment of the population (hereinafter referred to as the employment service bodies), when contacting them with orphans and children left without parental care, persons from among orphans and children left without parental care, assist these persons in the selection of suitable work and employment, organize their professional orientation in order to choose a field of activity (profession), employment, vocational training and additional professional education.

(Clause 1 as amended by Federal Law No. 89-FZ of May 1, 2017)

2. Has expired. - Federal Law of August 22, 2004 N 122-FZ.

3. Persons guilty of breach of conditions employment contracts with orphans and children left without parental care, persons from among orphans and children left without parental care, are liable in accordance with the procedure established by the legislation of the Russian Federation.

(as amended by Federal Laws No. 315-FZ of December 17, 2009, No. 89-FZ of May 1, 2017)

4. No longer valid. - Federal Law of August 22, 2004 N 122-FZ.

5. For the first time job seekers(previously not working) and for the first time recognized by the employment service in the prescribed manner as unemployed orphans, children left without parental care, persons from among orphans and children left without parental care, unemployment benefits and scholarships in connection with their passage vocational training and additional vocational education in the direction of the employment service are paid in accordance with the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment in the Russian Federation".

(Clause 5 as amended by Federal Law No. 89-FZ of May 1, 2017)

6. Employees - orphans and children left without parental care, persons from among orphans and children left without parental care, dismissed from organizations in connection with their liquidation, reduction in the number or staff of employees, the employer (his successor) is obliged provide through own funds necessary vocational training with their subsequent employment with this or another employer.

(Clause 6 as amended by Federal Law No. 89-FZ of May 1, 2017)

Article 10 Judicial defense the rights of orphans and children left without parental care

For the protection of their rights, orphans and children left without parental care, as well as their legal representatives, guardians (trustees), guardianship and guardianship authorities and the prosecutor have the right to apply in the prescribed manner to the appropriate courts of the Russian Federation.

Orphans and children left without parental care are entitled to free legal assistance in accordance with the Federal Law "On Free legal assistance in the Russian Federation".

(Part two was introduced by Federal Law No. 326-FZ of November 21, 2011)

Article 11. Responsibility for failure to comply with this Federal Law

1. Officials of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies shall be liable for non-compliance with the provisions of this Federal Law in accordance with the Constitution of the Russian Federation, with the legislation of the Russian Federation.

2. Regulatory legal acts federal bodies executive power, adopted in violation of this Federal Law, restricting the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, or establishing such a procedure for exercising these rights that significantly complicates their use are declared invalid in the manner prescribed by law.

(as amended by Federal Law No. 315-FZ of December 17, 2009)

3. Failure to perform or improper performance by officials of federal bodies of state power of their duties stipulated by this Federal Law shall entail disciplinary, administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

Final provisions

Article 12

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their legal acts in line with this Federal Law.

Article 13. Entry into force of this Federal Law

1. This Federal Law shall enter into force on the day of its official publication.

2. Clause 5 of Article 9 of this Federal Law shall enter into force on January 1, 1998.

The president

Russian Federation

Moscow Kremlin

In order to implement social support measures, provided by law of the city of Moscow of November 30, 2005 N 61 "On additional guarantees for social support for orphans and children left without parental care in the city of Moscow", and in pursuance of clause 5 of the Decree of the Government of Moscow of October 2, 2007 N 854- PP "On the provision of living quarters in the city of Moscow for orphans and children left without parental care, persons from among them":

1. Create a City interdepartmental commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them.

2. Approve the composition of the City Interdepartmental Commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them (Appendix 1).

3. Approve the Regulations on the City Interdepartmental Commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them (Appendix 2).

4. Department social protection of the population of the city of Moscow, together with the Department of Health of the city of Moscow, the Department of Education of the city of Moscow, the Department of Family and Youth Policy of the city of Moscow, within two months, develop and submit for approval to the First Deputy Mayor of Moscow in the Government of Moscow L.I. Shvetsova. regulations for interdepartmental interaction in the preparation of documents for the City Interdepartmental Commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them.

5. To impose control over the implementation of this order on the First Deputy Mayor of Moscow in the Government of Moscow L.I. Shvetsova.

Mayor of Moscow Yu.M. Luzhkov

Appendix 1

City interdepartmental commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them

Commission Chairman:

Shvetsova Lyudmila Ivanovna - First Deputy Mayor of Moscow in the Government of Moscow

Deputy chairmen of the commission:

Komarova Natalia Yurievna - Deputy Head of the Department of Social Protection of the Population of the City of Moscow

Leshkevich Ivan Alexandrovich - Deputy Head of the Department of Health of the City of Moscow

Razdin Vladimir Ivanovich - Head of the Department of Preschool and General Education of the Department of Education of the City of Moscow

Commission members:

Aleksenko Oleg Vladimirovich - head of the department for the conclusion and support of contracts of the State Unitary Enterprise "Mossotsgarantiya", defectologist

Golovan Alexey Ivanovich - Commissioner for Children's Rights in Moscow

Enakaeva Regina Rustemovna - head of the sector State institution"Psychological assistance service to the population" of the Department of Family and Youth Policy of the City of Moscow

Kozhevnikova Valentina Yulianovna - chief child psychiatrist of the Moscow Department of Health

Kroshonkina Alla Leonidovna - Deputy Head of the Department for the implementation of programs to provide those in need of improvement living conditions Department of housing policy and housing stock of the city of Moscow

Kulikova Lyubov Ivanovna - Deputy Head of the Childhood Department of the Department of Health of the City of Moscow

Lisenko Inna Nikolaevna - Chief Specialist Department of social protection of children left without parental care, Department of family and youth policy of the city of Moscow

Mitina Elena Vasilievna - Chief Specialist of the Department of Preschool and General Education of the Department of Education of the City of Moscow

Mikhalchuk Svetlana Ivanovna - Chief Specialist of the Department of Legal Expertise of the Department of Territorial Executive Authorities of the City of Moscow

Myakotina Tatyana Yuryevna - Chief Specialist of the Department of Housing Policy and Housing Fund of the City of Moscow

Rozentsvaig Vladimir Mikhailovich - Deputy Director for Medical Affairs of the Psychoneurological Boarding School N 16

Yakovleva Irina Leonidovna - Chief Specialist of the Department of Science and Vocational Education of the Department of Education of the City of Moscow

Annex 2

POSITION

on the City Interdepartmental Commission to determine the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them
1. General Provisions

1.1. The city interdepartmental commission for determining the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them (hereinafter referred to as the Commission) was formed to resolve issues to determine the possibility of independent living for orphans and children left without parental care , persons from among them, after their stay in correctional institutions for orphans and children left without parental care, stationary social service institutions, specialized institutions for minors.

1.2. The Commission in its work is guided by the Constitution of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, the laws of the city of Moscow, and other legal acts of the city of Moscow.
2. Tasks and functions of the Commission

2.1. The main task of the Commission is to determine the possibility of independent living for orphans and children left without parental care, persons from among them in order to further resolve the issue of providing comfortable living quarters in the city of Moscow in accordance with federal laws, the laws of the city of Moscow.

2.2. The Commission performs the following functions:

2.2.1. At the request of the Department of Education of the City of Moscow, the Department of Social Protection of the Population of the City of Moscow and other interested executive authorities of the City of Moscow, considers the issues of determining the possibility of independent living for orphans and children left without parental care, persons from among them.

2.2.2. Determines the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them, specified in clause 1.1 of this provision.

2.2.3. Considers conflict situations that arise between medical institutions and legal representatives of orphans and children left without parental care on issues related to determining the possibility of independent living and adaptation of orphans and children left without parental care, persons from among them.

2.2.4. Prepares reports on the results of their work.

2.2.5. Considers other issues on proposals of members of the Commission.
3. Rights of the Commission

3.1. The Commission has the right, in order to fulfill the tasks assigned to it, within its powers, to request and receive, in the prescribed manner, from the executive authorities of the city of Moscow, local governments, as well as organizations and officials, documents and materials related to resolving issues related to determining the possibility of independent residence of orphans and children left without parental care, persons from among them.

3.2. The Commission has the right to create working groups in order to clarify, clarify information on the merits of the issues under consideration.

3.3. Orphans and children left without parental care, persons from among them (graduates of correctional institutions for orphans and children left without parental care, stationary social service institutions, specialized institutions for minors) are invited to the meeting of the Commission. If necessary, legal representatives of orphans and children left without parental care are invited to the meeting of the Commission.

3.4. In the course of the work of the Commission, when clarifying or clarifying relevant information on the merits of the issue, the chairman of the Commission (deputy chairman of the Commission) has the right to give control instructions to the members of the Commission on issues related to their competence, including indicating the deadline for the execution of the instruction.
4. Organization of the work of the Commission

4.1. Meetings of the Commission are held as the agenda is formed and are considered competent if at least half of the permanent members of the Commission are present.

4.2. The meeting of the Commission is chaired by the Chairman of the Commission, and in his absence - by the Deputy Chairman of the Commission.

4.3. The agenda is formed according to the lists of orphans and children left without parental care, persons from among them, represented by the Department of Education of the City of Moscow, the Department of Social Protection of the Population of the City of Moscow and other interested executive authorities.

4.4. Organizational arrangements for the preparation, conduct of the Commission, as well as the execution of the necessary documentation are assigned to the Department of Social Protection of the Population of the City of Moscow.

4.5. Based on the results of the work of the Commission, a protocol is drawn up, to which a list of persons is attached, in respect of which a decision was made on the possibility / impossibility of independent residence of an orphan child, a child left without parental care, a person from among them.

4.6. The decision is drawn up for each of the specified list and sent for inclusion in the personal file of an orphan child, a child left without parental care, a person from among them.

4.7. The minutes of the Commission are drawn up within three days, approved by the chairman of the Commission, and in his absence - by the deputy chairman, and sent to the members of the Commission.

Extracts from the protocol on specific issues considered, if necessary, are sent or handed over to the persons in respect of whom the decision has been made, or their legal representatives.

4.8. The protocols are kept in the Department of Social Protection of the Population of the City of Moscow for 6 years, then are subject to destruction in the prescribed manner.

Orphans demand maximum support from the state in various spheres of life. To provide them with maximum protection of their rights and interests, the government has developed additional social guarantees.

Main Aspects

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The main measures for the social support of orphans are indicated in the state legislative act.

These measures concern different aspects of life and are aimed at making a child's life more fulfilling.

In addition to federal regulations, there are also regional ones that are aimed at supporting this category of citizens.

What it is

To better understand the problem, you need to know some concepts:

Only the judiciary has the power to deprive parents of their legal rights. After some time, it is possible to restore parental rights, but in this case, the child loses all the benefits and compensation received from the state.

Who belongs to this category

The following subjects are orphans:

• a child whose parents or one of the parents have died;
• adults under 23 years of age who have lost their parents or one of them, and at the same time receive education at a technical school, college or university;
• a child whose parents were deprived of parental rights;
• a child whose parents are incapacitated or partially capable are in places of deprivation of liberty or in medical institutions.

The legislative framework

In the Russian Federation, aspects relating to orphans are regulated by:

• Family code;
• Law "On additional guarantees for social support for orphans and children left without parental care" of December 21, 1996 N 159-FZ.

In addition to the main legislative acts, the rights of orphans can be established and regulated by regional or local regulations.

They may indicate additional benefits, payments and other social guarantees. Legislative acts do not have the right to narrow the rights of orphans and children left without parental care, they can only increase them.

How to get state compensation

In order to receive state compensation, a person who is a guardian or custodian must apply for assistance to the social security authorities and provide the following data:

• passport of the person who is the guardian or guardian of the child;
• birth certificate;
• a document confirming the existence of a preferential category;
• Bank account.

To receive free medical care or study in educational institution an orphan child must present a special

List of state aid

According to federal law additional state benefits and compensations are established:

• free education;
• obtaining housing;
• free medical service in all public clinics;
• the opportunity to receive the necessary legal assistance free of charge;
• right to work.

For the main areas, assistance for citizens of the country is defined:

Local authorities may assign additional compensation to orphans.

Regional differences for processing payments to twins

At the regional level, special allowances and benefits have been developed for families in which two children were born at once.

How to provide additional guarantees for social support with living quarters for orphans

If an orphan has his own housing, he can use it when returning from educational or educational institutions.

An orphan child is entitled to comfortable housing with an area established by regulatory enactments. The period of validity of the agreement social recruitment- five years.

At the end of the term, it can be extended for another five years if a citizen who lives in a social apartment or house finds himself in a difficult situation.

The contract can be extended once. The question regarding the provision of housing for orphans arises:

• when they reach the age of majority;
• recognition of their full legal capacity in the manner prescribed by law;

If an orphan child has not exercised his right to receive the square meters until the age of 23, he loses this right.

The procedure for providing housing was developed by the regional authorities, since they are the only executors of this right.

To obtain a residential property, you must submit:

• statement;
• the passport;
• information about the composition of the family;
• documents from the place of study or work;
• certificate of absence of ownership of real estate;
• certificate of marriage or birth of children, if any.

This is the main list of documents, but depending on the region of residence, it can be changed. The form of writing an application may also be different in each region, since it is not fixed at the federal level.