What additional social guarantees do the state apply to orphans and children left without parental care? Let's try to understand the domestic legislation that is currently relevant.
The right to a device in the family
159 - Federal Law “On Additional Safeguards” involves the provision of orphans and children whose parents are deprived of their rights, guarantees in the provision of decent conditions for education, life, work, health, housing, payment of fees and taxes, as well as in other areas , which are provided for by legislative acts of the constituent entities of the Russian Federation.
Considering the additional guarantees of orphans, let us dwell on the right of the device to the family. The law guarantees the right to adopt (adoption): custody (until the age of fourteen) or guardianship (in the age range of 14-10 years). Orphans are taken into a foster or foster family.
If such an opportunity does not temporarily exist, in this case, until the child is placed in a family, he has the right to stay in a special organization for orphans (the right is realized within the framework of the Family Code of the Russian Federation).
The transfer to custody or guardianship of sisters and brothers by different persons by the Family Code of the Russian Federation is not allowed. Exceptions are only special cases specified in Art. 124 SK of the Russian Federation.
In case of transfer of the child under guardianship or with guardianship, taking into account his opinions is guaranteed. If he is 10 years old, his consent is a prerequisite.
159-FZ (Article 139) guarantees the confidentiality of adoption. In the event of its disclosure, criminal liability is provided.
Education guarantees
In our country, orphans have a variety of guarantees in the field of education. We list some of them, the knowledge of which allows children to count on a special order of enrollment in educational institutions.
The law on additional guarantees for orphans provides for the following guarantees:
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the right to receive a free second vocational secondary education under a training program for workers;
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priority right of admission to public institutions implementing programs of general secondary and general basic education, combined with additional development programs that are necessary to prepare for the state or military service, including the state treasury service of the Russian Federation;
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the right to admit to various preparatory departments of state educational federal organizations of the highest level to study at the expense of budgetary funds (if the child has a secondary general education);
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priority right to enroll in a public institution for undergraduate and specialty programs on a budgetary basis in the case of successful passing the entrance examinations;
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full provision at the expense of the state of the learning process for educational programs of secondary full-time professional or higher education (budget education);
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the right to the payment of social state scholarships throughout the course of studies in an average specialized or higher educational institution;
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on the payment of benefits for the purchase of teaching aids and writing utensils in the amount of a three-month scholarship, as well as the salary that is accrued during practical training (training);
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the right to preserve scholarships and state support for the period of academic leave taken on the recommendation of a doctor.
An additional guarantee applies to free use of commuter and public transport (except taxi). Once a year, orphans can go free of charge to the place of study and place of residence in the manner established by the regulatory legal acts of the constituent entities of the Russian Federation.
The state is obliged to provide graduates of state federal educational institutions recognized as orphans with bed linen, shoes, clothes, furniture in accordance with established standards, as well as a one-time monetary allowance.
Health warranties
The Federal Law “On Additional Guarantees for the Social Support of Orphans” has a section regarding the healthcare sector. In particular:
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the right to free medical care in state institutions, including high-tech treatment, medical examination, medical examinations, wellness programs, treatment at the expense of the federal budget outside the country;
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to get a ticket to a sanatorium or health camp if there are doctor's recommendations.
Labor support
The Federal Law on Additional Guarantees also contains a section regarding the provision of orphans with various guarantees in the labor field:
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conducting diagnostics and career guidance in accordance with the state of physical health (for children from 14 to 18 years old, employees of the employment service are engaged in similar work);
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the payment of unemployment benefits (it is assigned to children who are in search of work, or have passed registration as unemployed) is carried out for 6 months in the amount of the average wage existing in the subject of the Russian Federation;
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an additional guarantee applies to employment during the reduction of the enterprise (the employer's receiver is obliged to provide additional training and to employ an orphan at his own expense)
Legal aid
Orphans and those left without parental care are entitled to free legal assistance. An additional guarantee is provided when paying various privileges on the payment of fees and taxes. This category of children is exempted from taxing personal income tax on income as charity, paying the state fee for obtaining a passport of a citizen of the Russian Federation.
Local and regional legislation may additionally develop other tax benefits, including exemption from personal property tax.
Important points
The list of benefits presented above is not complete. An additional guarantee for orphans and children left without parental care is developed in each specific Russian region, taking into account its socio-economic and climatic conditions. For example, financial support is provided for the organization of recreation and rehabilitation of this category of citizens.
In the presence of medical indications, orphans and children without parents receive the right to a free ticket to a children's camp or sanatorium, as well as to pay for travel to the place of treatment (rest). If the ticket is purchased independently by the guardians (guardians), foster carers or foster parents, they can rely on compensation for the costs incurred by providing supporting documents to the local guardianship and trusteeship services.
Who can count on benefits
Benefits are assigned to an orphan child by local authorities and the federal government of the Russian Federation. To receive financial support, you must confirm the appropriate status. Orphans are considered minor citizens who do not have parents.Those children whose parents are deprived of the right to education by a court decision are recognized as orphans. Assignment of benefits is possible in several cases:
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it is impossible to identify the parents;
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they were found missing in court;
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declared dead;
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recognized legally incompetent;
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are in places of imprisonment;
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refuse to take children from state organizations (kindergarten, school, hospital, sanatorium)
Special pensions and compensation
The most significant measure of material support for orphans is considered the opportunity to receive a special social pension. If the parents of the child died, and they had an insurance experience, a similar payment is assigned before reaching adulthood. Support is allowed up to 23 years if an orphan continues to study full-time at a higher or secondary technical educational institution.
In order for such payments to be made, it is necessary to enter state institutions, and only on full-time education (only the first higher education is paid from the state budget).
To summarize
An important help for a young man who does not have parents, who was in children’s homes up to the age of majority, is the right to receive his own room (apartment) at the expense of state funds.
Orphans have the right to pay utility bills in preferential treatment, which is a substantial financial assistance to this category of citizens in Russia.
We hope that this article answered all the questions of our readers.