In the event of improper performance by a guardian or trustee of the duties assigned to him, including when he uses guardianship or (trusteeship) for mercenary purposes or when leaving the ward without supervision and necessary assistance, the guardianship and trusteeship body may remove the guardian or trustee from the performance of these duties and take the necessary measures to bring the guilty citizen to responsibility established by law (clause 3 of article 39 of the Civil Code). So, according to Art. 156 of the Criminal Code, failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a guardian (trustee), associated with cruel treatment of a child, is punishable by a fine in the amount of fifty to one hundred times the minimum wage or in the amount of the wages or other income of the convicted person for a period of up to one month, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Guardianship and trusteeship
If one of the parents of an adopted child has died, then, at the request of the parents of the deceased parent (the child’s grandfather or grandmother), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if the interests of the child so require
Guardianship and trusteeship of children (Chapter 20 of the RF IC)
20 Clause 4 of the rules for concluding an agreement on the implementation of guardianship or trusteeship in relation to a minor ward, approved. Government Regulation 423 established a maximum remuneration amount of no more than 5% of income from property. The peculiarity of providing a guardian or trustee with residential premises belonging to a ward for use is that such provision is possible only in exceptional cases, in particular if the guardian or trustee lives far from the ward’s place of residence, which will significantly complicate the fulfillment of his duties by the guardian (trustee); 2) the more common source of remuneration for a guardian or trustee is and will continue to be funds from the budgets of the constituent entities of the Russian Federation. 3) funds from third parties. According to L.Yu. Mikheeva, “the basis for making such payments can be a donation agreement, according to which a citizen or organization provides free funds to a subject of the Russian Federation represented by the relevant guardianship and trusteeship body with the condition of transferring these funds to guardians or trustees under the guardianship agreement or guardianship on paid terms.”
Presentation on the topic - The concept of guardianship and trusteeship
The conflict of laws regulation of guardianship and trusteeship is provided for in Art. 1199 of the Civil Code of the Russian Federation. The establishment and abolition of guardianship and trusteeship are carried out in accordance with the personal law of the ward or ward (clause 1). This provision establishes a general bilateral conflict of laws rule. The application of personal law to resolve issues of an individual's personal status is based on the criterion of the closest connection between a person and the relevant legal system. Clause 2 of Art. 1199 of the Civil Code of the Russian Federation provides that the personal law of the guardian (trustee) is used to establish his obligation to accept guardianship (trusteeship). This is a special conflict of laws rule that reflects the need to take into account the legal system with which the person obligated to accept guardianship (trusteeship) is most closely associated. The relationship between the guardian (trustee) and the ward (ward) is determined by the law of the competent institution - in accordance with the law of the country whose institution established the guardianship (clause 3). This legal order regulates exactly how guardianship (trusteeship) should be carried out. The law of the competent institution is the main conflict of law connection of this norm.
Presentation: Guardianship and trusteeship of children
Optional (optional, recommendatory) conditions for appointing a person as a guardian (trustee) Art. 35 of the Civil Code of the Russian Federation names: 1) his moral and other personal qualities. The law does not specify which qualities are meant, and the guardianship and trusteeship body must be guided by generally accepted moral standards. Appointment as a guardian or trustee is undesirable for persons who abuse alcohol and drugs; in relation to persons who do not work and do not have a permanent source of income, etc.; 2) the ability to perform the duties of a guardian or trustee, which should be understood as the state of health and age of the person, allowing him to fully perform both actual and legal actions in favor of the ward. At the same time, civil legislation does not determine in which specific cases health status or age may prevent a candidate for guardian (trustee) from performing guardianship duties, therefore, in each case, the guardianship and trusteeship authority must resolve this issue based on specific circumstances;
Guardianship and trusteeship of minor children
The relevance of the topic of the final qualifying work is that the Constitution of the Russian Federation (Article 7, 38) provides for state support for family, motherhood, paternity and childhood, establishes state benefits and other guarantees of social protection. In the conditions of changing socio-political life taking place
Guardianship and trusteeship (10)
In particular, guardianship over incapacitated citizens is rarely established, although the number of patients in relevant medical institutions is increasing. Unfortunately, relatives and friends are increasingly less likely to take care of people suffering from mental disorders, which is not surprising given the global decline in family ties and a general decline in living standards. In addition, it is this type of guardianship that is characterized by the greatest number of abuses on the part of guardians in relation to the property of the ward. This circumstance is largely caused by the lack of a mechanism for effective control over their actions, as well as the non-use by the guardianship and trusteeship authorities of the institution of trust management of the property of wards.
CUSTODY AND TRUSTEE OF MINOR CHILDREN
Guardianship and trusteeship in the broad sense of the word are a way to restore legal capacity and protect the rights and interests of minors and incapacitated persons. Guardianship and trusteeship in the narrow sense of the word are considered as ways to restore legal capacity, protect the rights and interests and educate minor children left without parental care. This textbook analyzes guardianship in the narrow sense. Completion of the missing legal capacity of minor children, carried out by their guardians and trustees, is not addressed because these issues relate to the civil law curriculum. Guardianship and trusteeship in the narrow sense of the word are assigned to minor children who find themselves without parental care. Guardianship is established over children under 14, and guardianship over minors from 14 to 18 years of age. Guardianship is established by the guardianship and trusteeship authorities. The functions of guardianship over minors can be performed by citizens, educational, medical, educational and other children's institutions, as well as by the guardianship and trusteeship bodies themselves.
Family and child support service. Specialist of the guardianship and trusteeship authority; lawyer; teacher - psychologist; social teacher. Download for free and without registration. Family and child support service. Specialist of the guardianship and trusteeship authority; lawyer; teacher - psychologist; social teacher. Guardianship and trusteeship authority.
Tel Sharangsky district, Novaya village, no. 2 GKU "SRCN Sharangsky district" Family and child support service. Tel Mon – Fri from 9 to 1. Believe that a person is able to change the life of at least one child by taking him into the family, becoming his true friend and giving him childhood. You've seen your children off to adulthood, and your home is empty without children's laughter. Love children, but you don’t have them yet.
You don’t know where to start the adoption process, how to arrange guardianship or foster care. You are afraid that your family and friends may not understand you. It is psychologically difficult for you to decide to take this step, because you are not sure that you can cope and are not familiar with the real experience of foster families. We help everyone who is ready to accept a child into the family. We provide all the necessary information on legislation and the procedure for processing documents. We help you evaluate your resources, make an informed decision, and prepare yourself and your family members to accept a child.
We help you acquire new knowledge on issues of upbringing and communication with your child. We accompany parents before and after accepting a child into the family. The agreement stipulates the conditions for the upbringing, maintenance and education of the child, the rights and obligations of the parties, as well as the grounds and consequences of termination of this agreement. A child (children) who have not reached the age of majority is transferred to a foster family for the period specified in the specified agreement.
Presentation for managers on the topic 'Lesson planning'. You can read and download the Presentation IDENTIFICATION AND PLACEMENT OF CHILDREN WITHOUT PARENTAL CARE. The protection of the rights and interests of children left without parental care is entrusted to the guardianship and trusteeship authorities. Get code Our banners. Presentation on the topic: Children's rights. Guardianship and trusteeship bodies In local government bodies, in local administrations, there are special departments designed to take care of the protection of children, the observance of their rights - this is. Presentation on the topic ‘Children’s Rights’. Download presentation (2.77 MB). Guardianship and trusteeship authorities 12. Guardianship and trusteeship 14. References 17.
Download for free the presentation on the topic 'Custody and trusteeship of children (Chapter 20 of the RF IC)' in .ppt format (PowerPoint). Issues of protecting children's rights. Guardianship and trusteeship bodies Guardianship and trusteeship body (guardianship authority) in Russia body.
Slides from the presentation “Guardianship and Trusteeship” for a social studies lesson on the topic “Parents.” The case of canceling the adoption of a child is considered with the participation of the prosecutor and the guardianship and trusteeship authority. Often, relatives of the child, for example, grandparents, are appointed guardians with the permission of the guardianship and trusteeship authorities. On the topic: methodological developments, presentations and notes. ANO 'COLLEGE OF ENTREPRENEURSHIP AND LAW' Cycle Commission of Legal Disciplines. Discipline: 'Civil Law'. Topic ‘The role of guardianship and trusteeship authorities in the placement and identification of children. Guardianship is a form of placement of minor citizens aged 14 to 18 years and citizens limited by the court in legal capacity, in which citizens (trustees) appointed by the guardianship and trusteeship authority are obliged.
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Presentation on the topic “The concept of guardianship and trusteeship.”
Presentation for schoolchildren on the topic “The concept of guardianship and trusteeship.” in social studies. pptCloud.ru is a convenient catalog with the ability to download powerpoint presentations for free.
The concept of guardianship and trusteeship.
Completed Art. gr. Yu-211 Lunkin A.V.
The institutions of guardianship and trusteeship are associated with the category of legal capacity. Guardianship is established over minors and incapacitated citizens (Article 32 of the Civil Code of the Russian Federation), and trusteeship is established over minors and citizens with limited legal capacity (Article 33 of the Civil Code of the Russian Federation). Guardianship can be established in relation to persons who are not able to independently exercise their legal capacity due to physical disabilities (blindness, deafness), as well as in relation to spendthrifts. Most often, guardianship is established to protect the interests of adults with limited legal capacity. The legislation of most states contains similar regulations on this issue. The main difference between guardianship and trusteeship is that the trustee does not personally enter into transactions on behalf of the ward, but only gives consent to their completion. The guardian himself makes transactions on behalf of the ward. The trustee does not have the right to manage the property of the ward. The appointment of a conservator is similar to the appointment of a guardian. The activities of both guardians and trustees are under the control of the relevant competent authorities.
The institution of guardianship and trusteeship is known to both civil and family law. In most countries, guardianship and trusteeship are regulated under civil law. To a certain extent, this is due to the fact that family law as an independent branch is not present in all jurisdictions, but is a branch of civil law.
An individual who meets a number of requirements can become a guardian or trustee. Mandatory for all cases of appointment of guardianship and trusteeship, the requirements for the candidacy of a guardian or trustee are: 1) the age of majority of the person, i.e. reaching 18 years of age; 2) full civil capacity of the person; 3) the absence in relation to the candidate of a court decision that has entered into legal force on deprivation of his parental rights (regardless of the time of its adoption); 4) at the time of establishment of guardianship or trusteeship, the candidate does not have a criminal record for an intentional crime against the life or health of citizens.
The vast majority of national codifications of international private law contain regulation of guardianship and trusteeship. These questions relate to the “law of persons”. Regarding guardianship and trusteeship, questions arise: is it possible to establish guardianship (trusteeship) over a foreigner or a person living abroad; can a foreigner be appointed as a guardian (trustee); the law of which state regulates both the entire complex of relations regarding guardianship and trusteeship, as well as its individual aspects. The legislation of some countries subjects all aspects of guardianship (trusteeship) to a single conflict of laws link: - the law of the permanent place of residence of the ward: “Guardianship and other institutions for the protection of the incompetent are determined by the law of the place of residence of the incapacitated person” (Article 26 of the Venezuelan PIL Law); - the law of the citizenship of the ward: “Guardianship, as well as any other type of care, is determined by the law of the state of which the person affected by it is a citizen” (Article 24 of the Civil Code of Greece); - the law of the country of the court: “When regulating issues of guardianship, trusteeship, trusteeship and other issues related to institutions established to protect the rights of minors, the insane and absent, Yemeni law is applied” (Article 27 of the Civil Code of Yemen).
In the UK, the dominant conflict of laws law is English law (court law). The English court, applying its own law, can appoint guardianship over a minor British subject, even living abroad, and over a foreigner living or only temporarily staying in the UK. The limits of the powers of a guardian appointed abroad in accordance with English law are determined by the law of the place where guardianship is established (in relation to movable property). In the Federal Republic of Germany, guardianship over a foreigner can only be assigned if he has his place of residence or residence in Germany and if the state of nationality of the foreigner does not take custody of him, although, in accordance with the laws of this state, a guardianship must be established over such person guardianship The Swiss legislator refused to independently regulate issues of guardianship (trusteeship) and consolidated a reference to the Hague Convention on Jurisdiction and Applicable Law for the Protection of Minors (1961), the rules of which apply by analogy to guardianship (trusteeship) in relation to adults (Article 85 of the PIL Law Switzerland).
From the point of view of conflict of laws regulation, the relationship of guardianship (trusteeship) can be divided into several independent statutes: 1) the conditions for the appointment, change and termination of guardianship (trusteeship) are determined by the personal law of the ward (Romania, Austria); 2) the consequences of guardianship (trusteeship) are determined by the personal law of the ward (Austria) or the law of the court (Thailand); 3) the establishment of temporary and urgent protective measures in relation to the ward is subject to the law of his place of residence (Spain) or the law of the court (Italy, Peru, Tunisia); 4) the duty of the guardian (trustee) to accept guardianship (trusteeship) is regulated by the personal law of the guardian (Romania); 5) the relationship between the guardian (trustee) and the person under guardianship (trusteeship) is determined by the law of the state whose authorities appointed the guardianship - “the law of the competent institution” (Ukraine). If the law of the place of residence of the person under guardianship (trusteeship) is more favorable for him, the law of the place of residence of the ward is applied; 6) the right of representation of the guardian (trustee) is regulated by the law of the competent institution and extends beyond the borders of the state whose authorities appointed the guardianship (Ukraine).
The conflict of laws regulation of guardianship and trusteeship is provided for in Art. 1199 of the Civil Code of the Russian Federation. The establishment and abolition of guardianship and trusteeship are carried out in accordance with the personal law of the ward or ward (clause 1). This provision establishes a general bilateral conflict of laws rule. The application of personal law to resolve issues of an individual's personal status is based on the criterion of the closest connection between a person and the relevant legal system. Clause 2 of Art. 1199 of the Civil Code of the Russian Federation provides that the personal law of the guardian (trustee) is used to establish his obligation to accept guardianship (trusteeship). This is a special conflict of laws rule that reflects the need to take into account the legal system with which the person obligated to accept guardianship (trusteeship) is most closely associated. The relationship between the guardian (trustee) and the ward (ward) is determined by the law of the competent institution - in accordance with the law of the country whose institution established the guardianship (clause 3). This legal order regulates exactly how guardianship (trusteeship) should be carried out. The law of the competent institution is the main conflict of law connection of this norm.
Along with the general conflict of laws rule, a special alternative connection to Russian law has been established to regulate the relationship between a guardian and a ward. The application of Russian law is limited: the ward has a place of residence in Russia and Russian law is more favorable for him. Article 1199 of the Civil Code of the Russian Federation contains a “chain” of conflict of laws rules: individual aspects of the same legal relationship are regulated through various conflict of laws links. Provisions of Art. 1199 of the Civil Code of the Russian Federation are one of the most successful in international private law in Russia.
Results of the work of the guardianship and trusteeship department in 2010 - presentation
Presentation on the topic: “Results of the work of the guardianship and trusteeship department in 2010.” - Transcript:
1 Results of the work of the guardianship and trusteeship department in 2010
2 Structure of the department of guardianship and trusteeship Head Identification and placement of children Work with candidates for guardians and adoptive parents Chief specialist All issues of guardianship and trusteeship of minors Leading specialist (at 0.73 grade) Protection of property and housing rights Persons from the DS and DOBPR Graduates of children's education Leader specialist Working with DNGZ Protection of personal rights Disputes All questions regarding guardianship of the incapacitated
3 Identification and placement of children 2010 Number of identified children left without parental care 34 Not placed 0 Adopted 1 Sent to orphanages 8 Transferred to paid guardianship 12 Placed in free guardianship 12 Placed in NGOs 1 Returned to parents - Guardianship is voluntary (upon application parents) 11 Registered as wards 81 Number of foster families 47 Number of children in foster families 62 Registered children adopted by strangers 67
4 Main causes of orphanhood in 2010 Death of both or a single parent -6 Both parents or a single parent are deprived of parental rights - 16 Both parents or a single parent are limited in parental rights -3 Are in prison - 3 The child is abandoned or abandoned - 3 Parents gave consent - 1 Wanted -1
6 Financial support for children One-time payment of funds upon placement of a child in a family – rub. (payments in 2010). Monthly payment of funds for the needs of the child is 6883 rubles. (131 children) Monthly payment of remuneration to the adoptive parent - 6316 (49 parents) Pension in case of loss of a breadwinner - from 4323 to 9361 (34 children) Alimony
Presentation on the topic of guardianship and trusteeship
Guardians are legal. Guardianship is established over. It should be noted that. Appointment of a guardian and.
Guardians and trustees of citizens in need. At the same time. citizen who performed the duties of a guardian. Over a minor upon reaching him. If the adult is legally competent. With the consent of such person, the trustee. Rudakov
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Download for free the presentation on the topic 'Custody and trusteeship of children (Chapter 20 of the RF IC)' in .ppt format (PowerPoint). Issues of protecting children's rights. Guardianship and trusteeship bodies Guardianship and trusteeship body (guardianship authority) in Russia body.
Get code Our banners. Presentation on the topic: Children's rights. Guardianship and trusteeship bodies In local government bodies, in local administrations, there are special departments designed to take care of the protection of children, the observance of their rights - this is. Presentation for managers on the topic 'Lesson planning'. Presentation on the topic ‘Children’s Rights’. Download presentation (2.77 MB). Guardianship and trusteeship authorities 12. Guardianship and trusteeship 14. List of references 17. Slides from the presentation “Guardianship and trusteeship” for a social studies lesson on the topic “Parents”. The case of canceling the adoption of a child is considered with the participation of the prosecutor and the guardianship and trusteeship authority.
You can read and download the Presentation IDENTIFICATION AND PLACEMENT OF CHILDREN WITHOUT PARENTAL CARE. The protection of the rights and interests of children left without parental care is entrusted to the guardianship and trusteeship authorities. ANO 'COLLEGE OF ENTREPRENEURSHIP AND LAW' Cycle Commission of Legal Disciplines. Discipline: 'Civil Law'. Topic ‘The role of guardianship and trusteeship authorities in the placement and identification of children. Guardianship is a form of placement of minor citizens aged 14 to 18 years and citizens limited by the court in legal capacity, in which citizens (trustees) appointed by the guardianship and trusteeship authority are obliged.
Often, relatives of the child, for example, grandparents, are appointed guardians with the permission of the guardianship and trusteeship authorities. On the topic: methodological developments, presentations and notes. We invite you to watch the presentation on the topic: Guardianship and trusteeship. This function can be exercised by guardianship and trusteeship bodies only in their absence (clause
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Presentation on the topic: “Adoption of orphans and children without parental care”
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Description of the presentation by individual slides:
placement of orphans and children left without parental care
Forms of placement of orphans and children left without parental care Adoption of children Guardianship and trusteeship Foster family
The placement of children left without parental care is a way of realizing the guaranteed right of minors to live and be raised in a family. Article 123 of the RF IC provides for the following forms of placement of children: - transfer to a family for upbringing (adoption), - transfer to guardianship or trusteeship, - transfer to a foster family, - transfer, in cases provided for by the laws of the constituent entities of the Russian Federation, to a foster family, - transfer to organizations for orphans and children without parental care, of all types. This list of forms of placement is exhaustive. Naturally, priority is given to family forms of placement and, first of all, to adoption. Organizations for orphans and children left without parental care are carried out only if there is no possibility of placing the child in a family form of upbringing.
Adoption of children a) Legislation on adoption Adoption is regulated by the Family Code of the Russian Federation. In accordance with paragraph 1 of Art. 124 of the RF IC, adoption (hereinafter referred to as adoption) is a priority form of placement for children left without parental care. The rules for transferring children for adoption are determined by decree of the Government of the Russian Federation.
b) Children subject to adoption The already mentioned Decree of the Government of the Russian Federation dated March 29, 2000 No. 275 determines that adoption is allowed in relation to minor children whose only parent or both parents: - have died; - unknown, - declared missing by the court or declared dead; - declared incompetent by the court; - deprived of parental rights by the court; - gave consent to adoption in accordance with the established procedure; - for reasons recognized by the court as disrespectful, they do not live with the child for more than 6 months and evade his upbringing and maintenance. The adoption of a found (abandoned) child, whose parents are unknown, can be carried out in the manner established by the legislation of the Russian Federation if there is an appropriate act issued by the internal affairs bodies or the guardianship and trusteeship authorities. The adoption of a child abandoned in a maternity hospital (ward) or other medical and preventive institution can be carried out in accordance with the procedure established by the legislation of the Russian Federation if there is an appropriate act drawn up by the administration of the institution in which the child was abandoned.
c) Requirements imposed by law on candidates for adoptive parents. These requirements are regulated by Art. 127 of the IC and Decree of the Government of the Russian Federation of March 29, 2000 No. 275. Adoptive parents can be adults of both sexes, with the exception of: 1) persons recognized by the court as incompetent or partially capable; 2) spouses, one of whom is recognized by the court as incompetent or partially capable; 3) persons deprived of parental rights by court or limited by court in parental rights; 4) persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law; 5) former adoptive parents, if the adoption was canceled by the court due to their fault; 6) persons who, for health reasons, cannot exercise parental rights; 7) persons who, at the time of establishment of adoption, do not have income that provides the adopted child with the subsistence minimum established in the constituent entity of the Russian Federation on the territory of which the adoptive parents (adoptive parent) reside; 8) persons who do not have a permanent place of residence; 9) persons who, at the time of adoption, had a criminal record for an intentional crime against the life or health of citizens; 10) persons living in residential premises that do not meet sanitary and technical rules and standards.
Citizens of the Russian Federation who wish to adopt a child submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming adoptive parents, attaching the following documents: 1) a short autobiography; 2) a certificate from the place of employment indicating the position and salary or a copy of the income statement; 3) a copy of the financial personal account and an extract from the house (apartment) register from the place of residence or a document confirming ownership of the residential premises; 4) a certificate from the internal affairs bodies confirming the absence of a criminal record for an intentional crime against the life or health of citizens; 5) a medical report from a state or municipal medical and preventive institution on the state of health of a person wishing to adopt a child, drawn up in the manner established by the Ministry of Health and Social Development of the Russian Federation. 6) a copy of the marriage certificate (if married). It should be taken into account that persons who are not married to each other cannot jointly adopt the same child. 7) passport, and in cases provided for by the legislation of the Russian Federation - another identity document. The documents listed in subparagraphs 2 - 4 of this paragraph are valid for a year from the date of their issue, and a medical report on the state of health is valid for 3 months.
The guardianship and trusteeship authority provides clarifications to citizens of the Russian Federation on issues related to adoption. To prepare a conclusion on the possibility of becoming adoptive parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons wishing to adopt a child. Based on the application and the documents attached to it, as well as an act of examining the living conditions of persons wishing to adopt a child, the guardianship and trusteeship authority, within 15 working days from the date of filing the application, prepares a conclusion on their ability to be adoptive parents, which is the basis for registration with as candidates for adoptive parents. The guardianship and trusteeship authority brings the negative conclusion and the refusal based on it to register as candidates for adoptive parents to the attention of the applicant within 5 days from the date of its signing. At the same time, all documents are returned to the applicant and the procedure for appealing the decision is explained. After registering citizens as candidates for adoptive parents, the guardianship and trusteeship authority provides them with information about the child (children) who can be adopted and issues a referral to visit the child (children) at the place of residence (location) of the child (children).
Candidates for adoptive parents have the right: - to receive detailed information about the child and information about the presence of relatives; - apply to a medical institution to conduct an independent medical examination of the child being adopted with the participation of a representative of the institution in which the child is located, in the manner approved by the Ministry of Education and Science of the Russian Federation and the Ministry of Health and Social Development of the Russian Federation. Candidates for adoptive parents are obliged to personally: - get to know the child and establish contact with him; — get acquainted with the documents of the child being adopted; - confirm in writing the fact of familiarization with the medical report on the child’s health condition. If candidates for adoptive parents were unable to find a child for adoption at their place of residence, they can apply for information about the child to be adopted to another guardianship and trusteeship body of their choice or to the executive authority of the constituent entity of the Russian Federation entrusted with the work of adoption. placement of children in families (hereinafter referred to as the relevant executive body of the constituent entity of the Russian Federation) of any constituent entity of the Russian Federation, or to the Ministry of Education and Science of the Russian Federation. The basis for deciding the issue of the possibility of adopting a particular child is the application of candidates for adoptive parents with a request to establish adoption, which they submit to the court at the place of residence (location) of the child in the manner established by civil procedural legislation.
The guardianship and trusteeship authority in whose territory the child was adopted is obliged, within 7 days after the entry into force of the court decision, to send to the guardianship and trusteeship authority at the place of residence of the adoptive parent(s) with the adopted child the relevant information for organizing control over the living conditions and raising an adopted child. When transmitting this information, the secrecy of adoption must be maintained. Persons guilty of its disclosure bear responsibility in accordance with the legislation of the Russian Federation. A control examination of the living conditions and upbringing of an adopted child is carried out by a child protection specialist of the guardianship and trusteeship authority annually, during the first 3 years after the adoption is established. The need to conduct follow-up examinations after 3 years is determined by the guardianship and trusteeship authority individually in accordance with the specific situation in the family of the adoptive parent(s). A control examination of the living conditions and upbringing of the adopted child is carried out while maintaining the secrecy of the adoption.
Based on the results of the control examination, a child protection specialist from the guardianship and trusteeship authority who visited the family draws up a report on the living conditions and upbringing of the adopted child. The report should reflect information about the child's health, learning, emotional and behavioral development, self-care skills, appearance and family relationships.
The secret of the adoption of a child is protected by law, since its disclosure is contrary to the interests of both the adoptive parents and the adopted child. Disclosure of information about adoption can cause moral suffering to the child, prevent the creation of a normal family environment and complicate the process of raising the child. The secrecy of the adoption of a child should be respected only at the request of the adoptive parents, which mainly concerns cases of adoption of young children, newborn children and other cases where the advisability of ensuring the secrecy of adoption is beyond doubt.
Sometimes adoptive parents, for some reason (pedagogical, moral or other), do not consider it necessary to keep the adoption secret and do not hide the fact of adoption from the child. This difficult issue is resolved by the child’s adoptive parents individually in each specific case. Thus, the secrecy of adoption is protected by law, but is not always a mandatory element of any adoption. The main thing here is the will of the adoptive parents. The legislation enshrines special measures to ensure the secrecy of adoption. Thus, to ensure the secrecy of adoption, it is allowed, at the request of the adoptive parents, to change the place of birth, as well as the date of birth of the child (under the age of 1 year), but not more than for 3 months. For reasons recognized by the court as valid, changing the date of birth of the adopted child may be permitted when adopting a child who has reached the age of one year or older. For the same purposes, not only the date of birth in the birth certificate record is changed, but also the date of registration of the birth certificate.
The legislation provides for criminal liability for disclosing the secret of adoption. Article 155 of the Criminal Code of the Russian Federation provides for punishment for disclosing the secret of adoption against the will of the adoptive parent, committed by a person obliged to keep the fact of adoption as an official or professional secret, or by a person for selfish or other base reasons. motives.
Guardianship and trusteeship Adoption of a child into a family as a pupil. Guardianship is established over children under the age of fourteen. Guardianship is established over children aged fourteen to eighteen years. The guardian has almost all the rights of a parent in matters of upbringing, education, maintenance of the child, and responsibility for the child. Guardianship can be appointed for a certain period or without a period. Guardianship and trusteeship authorities regularly monitor the conditions of the child’s detention 2 times a year.
Adoptive family. A foster family is recognized as guardianship or trusteeship of a child or children, which is carried out under a foster family agreement concluded between the guardianship and trusteeship authority and the foster parents or foster parent (spouses or individual citizens wishing to take children into foster care), for the period specified in this agreement The guardianship and trusteeship authorities regularly monitor the conditions of the child’s detention 2 times a year. The child retains the right to alimony, pension, benefits and other social payments due to him, as well as the right of ownership of residential premises or the right to use.
Guardianship (tutela) - establishment of legal protection of one person in relation to others who, due to tradition or direct requirements of the law. Guardianship (tutela) - establishment
legal protection
one person in relation to others,
which, by virtue of tradition or
direct requirements of the law
were recognized as needing
guardianship, or "protective
management."
Types of guardianship
obligatory guardianship of the landlord in relation to alltestamentary guardianship, which was established by
guardianship by law, when the closest person became the guardian
assigned guardianship, when a guardian was appointed by
members of your family and all subordinates;
the will of the landlord in relation to the heir;
agnate of the ward;
decision of the duly authorized magistrate regarding
persons recognized as in need of this by their legal
or social qualities.
Guardianship was established in relation to:
minors- until reaching
ward person of a certain
age. Minors:
children (infantes) – persons under the age of 7
years;
teenagers (infantes raaj ores) – persons in
aged 7 to 12 years, boys – up to 14
years;
boys - up to 25 years old;
Guardianship was established in relation to
women– constantly and did not depend on
reaching any age. At
this guardianship was established as in
in relation to a married woman, and in
towards an unmarried woman.
The following were exempted from the obligation to be a guardian:
elderly people over 70 years of age;persons who had three dependents
and more sons;
senators and magistrates;
legal advisers;
teachers;
the poor, etc.
Guardian's responsibility
lawsuitabout suspicious guardianship, which
could have been filed by any person who suspected
conduct of affairs detrimental to the ward
guardian.
claim “out of counting” at the end of guardianship
(more precisely due to a rupture") could be filed
against his trustee for accusing him of
abuses.
a direct claim from guardianship was not sent
only against an unscrupulous guardian, but also
against the heirs.
The guardian was obliged
represent and protect interestsward;
manage with integrity and
increase the property of the ward;
give legal effect to transactions
ward or cancel them based on
only from the principles of profitability and
the usefulness of these transactions for the ward.
To fulfill his duties, the guardian had the right
make necessary expenses at the expense ofproperty of the person under guardianship;
manage the fruits of the field and harvest;
spend the money of the ward and in their own
interests, but with their subsequent return with
maximum percentages established
on the day of return for third parties.
Grounds for termination of guardianship
in connection with the death of a guardian or ward;upon reaching the age of the ward
legal capacity;
due to the loss of one of the three
civil states (states of freedom,
citizenship or marital status);
due to the loss of the guardian's condition
freedom or citizenship;
in connection with the guardian's refusal of guardianship, if
this refusal has been accepted;
due to removal of the guardian
magistrate from guardianship.
Guardianship (cura) is a special type of legal guardianship established only by decision of the authorities in relation to the insane and insane, as well as races
Guardianship (cura) –a special type of legal guardianship,
installed only by
decision of the authorities in
regarding crazy people and
crazy and also
spendthrifts.
Main types of guardianship
A)sira furiosi – guardianship over the soul
sick
b) sira prodigi – guardianship over
spendthrift
d) sira absentis nomine (absent) –
installed for property management
absent person;
e) sira ventris – guardian of the womb,
guardianship of the unborn,
just conceived
Psychological and sociological research. Father's image. The role of the father in raising a child. Three groups of parenting motives. Example of behavior. Father's love. Ideal father. The father plays a vital role in children's learning of moral standards. The role of the father in the family. Domestic teachers. Features of the father's parental position.
“Adoptive parents” - Age and gender composition of adoptive parents. Results of sociological research. Marital status of the adoptive parent. Expense items for adoptive families. Toolkit for sociological research. Adoptive parent. Composition of the adoptive family. Professional and labor composition of the adoptive parent. Adoptive family.
“Parable about Mom” - Mom was getting old. Mom holds a small child in her arms. The baby is driving me crazy. Big man. As long as I live, you will always be my child. "I will love you forever." I will always like you. The boy grew up. Grandma came to visit him. He had strange friends. Mom quietly opened the door.
“Songs and poems about mom” - Extracurricular activity. Love. Song about mother. Mother's Day. Listening to an audio recording. Student. Installation. Poem in Tatar "Eni". Men. Excerpt from the poem "Barbarism".
“Pedagogical culture of parents” - Topics of parent meetings. Typical mistakes of parents. Development of relationships between parents and children. Questions for parents. Pedagogy. Development period. Speech by subject teachers. Pedagogical culture. Christmas gatherings. A component of a person's general culture. Parental responsibility. Educational potential of the family.
"Guardianship" - Documents. Guardianship. Guardianship (trusteeship) at the request of the parents. Procedure for appointing a guardian. Rules for storing and transferring personal files. Appointment of guardianship. Guardianship (trusteeship) by agreement. Rules for maintaining personal affairs of wards. Preliminary guardianship. Forms of placement of children. Placement of children into guardianship.
There are a total of 17 presentations in the topic
“Pedagogical culture of parents” - Pedagogical culture. Excursions. Types of families. Childhood. Criteria for the development of parents' pedagogical culture. Performances by children and adults. Development period. The origins of the pedagogical culture of the family. Factors. Pedagogy. Speech by subject teachers. Foreign experience of parenting. Meeting with veterans.
“Foster Parent Candidates” - Most approved testing. Professional ethics. Fundamentals and developments. Structural analysis of family research. Information about the relationship between parents and children. Examples of Items which Address Characteristics. Information base. Information for parents. Examples. Integrity. CPS test.
“The Parable of Mother” - He listened to strange music. Sometimes my mother wanted to sell him to the zoo. When he entered the room, she tried to sing a song. Her son came to visit her. The boy grew up. The baby is driving me crazy. I will always like you. He had strange friends. "I will love you forever." Mom was getting old. Sometimes his mother felt like she was in a zoo.
“Songs and poems about mom” - Student. Excerpt from the poem "Barbarism". Song about mother. Love. Poem in Tatar "Eni". Mother's Day. Listening to an audio recording. Installation. Extracurricular activity. Men.
“Adoptive parents” - A generalized portrait of an adoptive parent. Portrait of a foster parent. Availability of a computer. Toolkit for sociological research. Research program. Sources of income for the adoptive parent. Marital status of the adoptive parent. Native children. Pivot table. Parent. Age and gender composition of adoptive parents.
“Guardianship and trusteeship” - Some statistics. Ratio. Guardianship and trusteeship of minor children. Rights and responsibilities of guardians and trustees. Guardianship or guardianship. The child's consent to adoption. Terms of adoption. Social Policy Committee. Adoption of children without parental consent. Maintaining the secrecy of adoption.
There are a total of 17 presentations in the topic
