In the Russian Federation, custody or guardianship is established for children who, for whatever reason, have been left without parents, as well as for disabled adults. These actions are necessary to protect them. legitimate interests and rights, as well as for the upbringing, education and development of minors in this case. For these purposes, such entities as guardianship and trusteeship bodies are organized in the country, and their activities, rights and obligations are fixed at the legislative level.
The concept of custody and guardianship
Guardianship, according to the legislation of the Russian Federation, is a type of device for citizens under the age of 14 or persons recognized as legally incompetent by the court, in which these people are appointed legal guardians who are their representatives and who perform legal actions on their behalf and in their interests.
Guardianship is a type of device for people aged 14 to 18, or people limited by the court in their legal capacity, in which these citizens are appointed legal guardians who are obliged to assist their wards in the exercise of their rights, protect interests in relations with third parties persons (organizations), as well as those having the authority to give them consent to commit major deals or other actions prescribed in Art. 30 GKRF.
Guardianship authorities
Guardianship and trusteeship bodies (PLOs) are the subjects of the executive power of the regions of the Russian Federation that are directly involved in the establishment, implementation or termination of guardianship and trusteeship. The activities of these structures related to assistance in obtaining education, medical and social services, selection and informing citizens who have expressed a desire to be guardians and trustees are carried out in collaboration with other executive bodies.
The guardianship authorities of the Russian Federation are a guarantor of protecting the rights and interests of orphans and minors who are left without parental charity, as well as legally incompetent or partially capable adults.
Requirements for professional skills of PLO employees, methodological materials on their work are approved by the executive authority authorized by the Government. The acts governing the activities of the PLO should indicate their respective status.
Legal regulation
The activities of guardianship and trusteeship bodies are carried out in the Russian Federation on the basis of Federal Law No. 48-FZ "On Guardianship and Trusteeship", adopted on 04.24.2008 (with the latest amendments from 12.22.2014).
This law regulates the relations formed in the process of establishing, implementing or terminating guardianship and trusteeship of people who need it. It spells out the tasks and powers of the PLO. As well as the rights and obligations of these organizations, minor (legally incompetent) citizens and guardians / trustees. Separate chapters of the law spell out the legal status of the wards and the legal regime of their property.
In addition to the people who are assigned the functions of guardians / trustees, the norms of this law in the field of their rights and obligations apply to organizations in which disabled citizens are placed.
Relations arising at the time of the establishment, execution or termination of guardianship and trusteeship are also legally regulated by the Civil, Family Codes and other legal sources adopted on their basis.
Structure
The structure of the PLO is established by the constituent entities of the Russian Federation (or municipalities in exceptional cases). The department of guardianship and trusteeship may be part of any department or may function separately. And it usually consists of inspectors, consultants and specialists of various qualifications.
If there are no regional PLO structures in small towns, municipalities, and rural settlements, then local self-government bodies themselves can act as guardianship and trusteeship bodies. Moscow and St. Petersburg also have this authority.
Some functions of the PLO can be performed by medical, educational and other institutions in which disabled citizens are placed.
Tasks
The tasks of the guardianship and trusteeship bodies are spelled out in Article 7 of the FZRF No. 48-FZ. According to this document, these structures should:
- To protect the interests of those people who need guardianship (trusteeship), or those over whom it is already established.
- To exercise control over the activities of persons who are guardians and trustees, as well as organizations in which there are incapable (with limited legal capacity) citizens.
- To ensure the safety of property that belongs to people under guardianship (guardianship) in medical, educational or other organizations under supervision, as well as to control the management of this property.
The work of the guardianship and trusteeship bodies consists in the performance of other functions that are assigned to them by federal legislation and regulatory legal acts of the country's constituent entities.
On all issues arising in the course of fulfilling the tasks of the PLO, namely, on the establishment, implementation and termination of guardianship and trusteeship, relevant acts must be drawn up that can be challenged through the court by any person interested in this.
Credentials
The rights of guardianship authorities and their duties include:
- identification and registration of people who need guardianship and trusteeship;
- filing an application with a court to declare a citizen legally incompetent or that his legal capacity has limitations, as well as applications for the return of legal capacity to a person in case of loss of the grounds by which he was deprived of it;
- establishment of guardianship and guardianship;
- granting permits for transactions and transactions related to property of the wards;
- conclusion of agreements regarding trust management of property of wards;
- provision of separate residence permits for minors and their guardians / trustees;
- verification of the conditions in which the wards live, control over the fulfillment by the guardians and trustees of their duties;
- protecting the interests of minors and the legally incompetent, representing them in relations with any persons (authorities), if the guardians do not perform the necessary similar actions or their activities are contrary to the rights and interests of the wards or the legislation of the Russian Federation.
With respect to current guardians and trustees, the guardianship and guardianship bodies have the right and must:
- to control their activities, as well as the activities of organizations in which there are incompetent people or citizens with limited legal capacity;
- release and remove them from the performance of their duties in accordance with the legislation of the Russian Federation;
- assist them in the implementation and protection of the interests and rights of minor wards.
Also, the powers of the PLO include keeping records, selecting, preparing and informing citizens who have expressed a desire to become guardians or trustees. Information that the guardianship authorities have the right to provide may relate to the possible types of devices for the child in the family and their features, the preparation of documents that are necessary for registration. In addition, the PLO can assist in the preparation of these papers.
The guardianship authorities of minors or legally incapable persons in their interests may appoint one and the same trustee to several wards. And on the contrary, to several guardians of the same ward.
Regions of the Russian Federation may establish other powers to bodies of guardianship and trusteeship.
Obligations of the PLO when changing the place of residence of a ward
In the event of a change in the place of residence of the ward, the PLO, who has established him / her custody / guardianship, are obliged to notify this fact and transfer the ward's case to a similar body at a new location. These actions must be performed within 3 days from the receipt of information about this change.
Information about the change of place of residence can be transmitted by notice from the guardians or the ward.
From the moment the case is received, the new department of guardianship and trusteeship bears all the powers in relation to this ward, and the PLO, which has sent a package of documents, takes off all responsibility.
OOP activities
Guardianship / guardianship authorities should be liable in case of violation of their duties. Control over their implementation is carried out by authorized bodies and officials in accordance with Administrative Regulation No. 957 of 09.24.2010.
This document indicates that verification of the activities of guardianship and trusteeship authorities is carried out by the Federal Service for Supervision of Education and Science (Rosobrnadzor).
Information about this service can be found on the network on the official website, obtained by personal consultation in the department, by phone or in writing.
Rospotrebnadzor has the right to carry out inspections, planned and outside the plan, on which violations in the activities of the PLO are established, information about which is sent to the competent authorities for their elimination. The term of this procedure is no more than 20 working days (exceptions are complicated cases prescribed in this regulation).
Guardianship authorities and guardianship may be inspected as planned no more than once a year. Moreover, the list of such events is annually set by Rospotrebnadzor as general accessible information for everyone.
If a ward is harmed as a result of inaction or illegal actions of the guardianship and guardianship authorities, then he is subject to compensation in accordance with the Civil Code of the Russian Federation (Chapter 59 of the Civil Code).
PLO and wards property
The guardianship authorities of children and legally incompetent citizens fulfill the obligation to provide permits for transactions related to the ward’s property, as well as to conclude agreements regarding the trust management of such property.
Federal Law No. 48-FZ, as a separate chapter, defines the legal regime of property of a ward. Chapter 4 of this law states that a minor (legally incompetent) does not have ownership of the property of the guardian / trustee and vice versa, including the right to social payments, benefits, alimony.
At the same time, trustees should receive the permission of the guardianship authorities to dispose of these material values, as well as direct written instructions on how to produce it.
The legislator fixes the obligatory inventory of the property of a minor (legally incompetent), which is conducted by the PLO in the presence of guardians / trustees, representatives apartment building management or internal affairs bodies, as well as the ward (if he is older than 14 years old) at his request. Other interested parties may also participate in this process.
A written inventory act is signed by all participants. The guardianship authorities attach one copy to the case of the ward, and the second is handed over to the guardians / trustees. After that, the latter are obliged to preserve this property, take care of it and not allow a decrease in its value. And also, if possible, they should help a minor (incapable) to receive income from his property, if possible.
The property of the ward may be alienated only in certain cases provided for by law (Article 20 of the Federal Law No. 48-FZ), only with the permission of the guardianship authorities. The same written permission is provided by the PLO in cases where the guardian wants to lease such property, use it for free, give it on bail or wants to make a transaction that will result in a decrease in the value of this property.
Guardianship and trusteeship authorities must provide such kind of permission or refusal to issue it no later than 15 days from the date of submission of the relevant application by the guardian / trustee.
As for trust management property of the ward, it is regulated by Art. 38 GKRF. It consists in the fact that some property that needs constant management is transferred by the PLO to a specially appointed manager. A guardian or trustee is not entitled to such property.
History of guardianship
A kind of guardianship and guardianship began to appear in Russia under the reign of St. Vladimir, who endowed the clergy with the duty of public charity.
In the time of Ivan the Terrible, this function was already assigned to the state, and monastic communities and private individuals were involved in the guardianship.
But children's specialized institutions for orphans began to appear only in the 18th century, under Peter the Great. At this time they were called educational homes. Catherine II continued to open such shelters, and also approved the law the right to send children to be raised in families.
Already at the end of the 19th century, the main forms of providing assistance to needy citizens were formed. Specialized schools, hospitals, shelters for blind and deaf children and other institutions of a social nature were created.
Of course, the most actual time of work of guardianship authorities in our country is the period of the Second World War and the stage after it. During these years, the state was filled with poor, orphans in need of shelter. After the war, the number of orphanages was gradually reduced, and the emphasis was on individual education in foster families.
Today, anyone in need of this can contact the PLO and get all the necessary information and help. Future adoptive parents, guardians and trustees, as well as wards or people in need of assistance, can find out the address of the guardianship and guardianship authorities of their area, subject on the official site of the PLO, by contacting the administration or office of the MFC of their settlement.
