+Topic 12 Social. care

Any person should have a family. People who will always support you, regardless of the situation. People who won't judge you for your mistakes. Those who will always lend a hand in the most difficult situations.

Often, not everything happens as planned. Unnatural situations arise, as a result of which children remain face to face with difficulties.

In such unusual situations, children come under the watchful eye of institutions that control various areas of society and are transferred to favorable conditions. Sometimes social guardianship is established over such minors.

Guardianship and trusteeship authorities - what are they?

The guardianship and trusteeship authorities (TCA) are an executive body entrusted with the functions of protecting the rights and interests of those citizens who, due to their age or established incapacity, cannot do this on their own. The PLO operates throughout the entire Russian Federation and is subject to the laws developed to regulate this area of legal relations.

Depending on the size of the locality, it may or may not have a PLO department. In small settlements and cities, local governments can take over the functions of the guardianship service.

Guardianship authorities are in constant contact with other government agencies. In their activities they closely interact with the following types of organizations:

Social.
Educational.
Medical.
Housing and others.

These structures perform some of the functions of OOP.

SOCIAL CARE FOR ELDERLY PEOPLE

Guardianship of the elderly is one of the main areas of social work in general. Guardianship is understood as a legal form of protection of personal and property rights and interests of citizens. In general, guardianship is established: 1) over minors aged 15 to 18 years who are left without parental care; 2) over adults who, for health reasons, cannot independently exercise their rights and fulfill their duties; 3) over persons limited by a court in legal capacity due to abuse of alcoholic beverages or narcotic substances.

The forms of guardianship are very diverse. The main form of social care for older people who are unable to fully (or at all) exercise their rights and fulfill their responsibilities due to health reasons is the functioning of the boarding house system.

At the beginning of 1975, there were 878 homes for the elderly and disabled in the RSFSR, housing more than 200 thousand people. At the beginning of 1991, there were 877 boarding houses in Russia and 261 thousand people lived in them. There are currently 959 such institutions.

The number of boarding houses, although slowly, is growing. However, social workers noted that the need for public boarding houses has decreased (in 1982 it was 54 places per 10 thousand people of retirement age, in 1990 - 30 places). This is mainly due to the fact that the practice of providing home care to disabled citizens is expanding. Currently, mostly people who have completely lost the ability to move and require constant care are admitted to boarding homes.

According to sociological research, the most common reasons why older people end up in such

In such institutions, these are loneliness (48.8%), poor health (30%), conflict in the family and the initiative of relatives (19%).

In general boarding homes (i.e. for the elderly and disabled), a lot of work is done on the socio-psychological adaptation of older people to new conditions. It is especially important in the first days of staying in a boarding house. This work includes information about new arrivals, about the boarding house, about the services provided, the location of medical and other offices, etc. The characteristics of new arrivals, their habits, interests, and attitudes are studied. Such work, as practice shows, is necessary in order to avoid conflict situations, in particular, when resettling people for permanent residence. The needs of older people in employment, their preferences in meaningful leisure, etc. are also studied.

In boarding homes for the elderly and disabled, medical care is provided, and a whole range of rehabilitation measures are carried out, in particular, occupational therapy and employment, and leisure activities. Labor employment is realized in medical-labor workshops or subsidiary farms.

The functioning of boarding homes as the main form of social care for older people is associated with a number of problems. One of them is the degree to which needs are met in boarding homes: the availability of places in such homes, the number of residents and, of course, the quality of service in them, the creation of appropriate conditions for their residents.

Among persons living in boarding homes, three groups can be distinguished: 1) those wishing to live alone; 2) those who wish, living with families; 3) those who are unwilling, but forced to go to boarding homes for various reasons (financial, family climate, etc.). This is a very difficult question.

Of course (as both foreign and domestic experience testifies to this), older people want to live in their own home, in a familiar environment. Expanding home care allows older people to live longer in their own homes and delays their transition to nursing homes. And this benefits both one side (the elderly) and the other (social security services).

— Home-based services guaranteed by the state have become increasingly diverse in our country in recent years. This includes catering and home delivery of food; assistance in purchasing medicines and essential goods; assistance in obtaining medical care and escort to medical institutions; assistance in maintaining living conditions in accordance with hygienic requirements; assistance in organizing funeral services and burying lonely dead;

organization of various social services (housing repairs, provision of fuel, cultivation of personal plots, water delivery, payment of utilities, etc.); assistance in paperwork, including for the establishment of guardianship and trusteeship, exchange of housing, placement in inpatient institutions of social protection bodies,

Back in the 80s, in some boarding homes of the RSFSR, special departments were created in which elderly people in need of constant care lived during long business trips or illness of their family members for two to six months. This form of work is currently carried out in the temporary residence departments of Social Service Centers for elderly citizens and the disabled.

The experience of providing assistance to elderly disabled people that exists in some regions of Russia is interesting. They are accommodated in residential buildings in which all the everyday needs of such people are taken into account. For example, all the necessary enterprises, institutions, offices (shop, canteen, laundry, medical office, etc.) are located on the ground floor. Residents of these houses are served by social workers. In 1993, there were 106 special residential buildings in Russia for single elderly citizens and married couples with a range of social and welfare services. About 8 thousand people lived in them. This experience deserves consideration as an alternative to residential care.

Functions of guardianship and trusteeship authorities

The guardianship authority is endowed with unique powers that other structures do not have the right to perform. None of the organizations can remove a minor if sufficient grounds for this are discovered; such an action will be regarded as an abuse of authority.

But the activities of the PLO are not limited to the application of punishment; it implies, first of all, the identification of situations in which the rights of people with disabilities are violated. In addition, service workers must make every effort to stabilize the situation and gradually improve it, if such a possibility exists.

The functions of the guardianship authorities are reduced to the following basic areas:

Detection of a violation of the rights of minors in terms of depriving them of protection from their parents.
Registration of children left without parental care and updating information in databases.
Placement of minors in special institutions or search for guardians, trustees and adoptive parents for them.
Resolution of family disputes and conflicts.

The list of powers of the PLO does not end there; it also includes other actions aimed at protecting the interests and rights of children and incapacitated adults.

Authority

The state powers of guardianship authorities consist of work that is interconnected with providing assistance to wards or trustees in acquiring social benefits. services for elderly citizens and children, honey. help.

IMPORTANT! Among the areas of activity there is preparedness and selection of physical. persons expressing their own desire to become guardians or take into the family orphans and people from their environment who remain without parental care.

The powers of the guardianship body include interaction with other executive authorities of the regions of Russia: local government, hospitals, educational organizations. Also, the presented unit works with other institutions whose work is associated with orphans and children who are left without the care of relatives within the framework of Russian law.

The powers of guardianship authorities include:

Protection of interests under the law and the rights of persons who want to establish guardianship or guardianship over them.
Protecting the interests of people under guardianship or trusteeship.
Supervision of the work of trustees and guardians, organizations that house partially or completely incapacitated persons.

Also, representatives of the guardianship councils will monitor the preservation of property and management of the property of those persons who are placed under guardianship, patronage, guardianship or placed under the supervision of district hospitals, educational organizations, including other institutions that are intended for orphans, as well as children left without guardianship of relatives.

Responsibilities

The main responsibilities of guardianship authorities in relation to children are:

Carrying out actions by PLO employees only in accordance with the law.
Identifying the rights of children under 18 years of age as the main areas of work.
Monitoring the standard of living of people under 18 years of age from their official carers.
Providing housing for orphans, providing psychological and hospital assistance, and providing rehabilitation services.
Taking into account the child’s opinion when he is over 14 years old.

In a situation where the ward changes his permanent place of residence, the guardianship organization must:

Transfer powers of care to the guardianship authority for the relevant entity.
Send a specific petition to the regional guardianship organization within 3 days from the moment the minor moves.
Personally transfer the waiter's case to a specific organization.

The duties of guardianship authorities also include monitoring the complete safety of the property of the wards until they reach the age of 18 years.

Article on the topic: “Guardianship and trusteeship”

Table of contents

Introduction

1 Guardianship and trusteeship as a legal institution

1.1 Concept, principles and objectives of guardianship and trusteeship

1.2 Guardians and trustees as subjects of the institution of guardianship and trusteeship

2 Features of establishing guardianship and trusteeship

2.1 Establishment of guardianship and trusteeship of minors

2.2 Establishment of guardianship and trusteeship over adult incompetent citizens

2.3 Establishment of guardianship over adult citizens

3 Patronage

Conclusion

Literature

INTRODUCTION

Currently in Russia the problem of guardianship and trusteeship is relevant. We are faced with the task of providing accommodation for children, providing them with life support and protecting their interests. Currently, the role of guardianship and trusteeship authorities is strengthening in the process of timely identification of children in need of state assistance and protection of their rights. This is due to the fact that difficult socio-economic conditions, the lack of events popularizing the role of family and family education in society, lead to a constant increase in the number of all categories of citizens in need of guardianship and trusteeship. Among them, a special place is occupied by children who find themselves in difficult life situations or left without parental care. In Russia, children are one of the most vulnerable social groups. Once on the street, a child in many cases becomes socially dangerous. It happens that children from families that seem quite prosperous need support from the state and social authorities. Unfortunately, the financial situation of some families is such that very often both parents are busy earning money from morning to evening in order to provide a good future for their children. Therefore, for a long time, children are left to their own devices.

The Ministry of Education of the Russian Federation recommends more active work to identify and place this category of children, pay attention to coordinating the main activities of the guardianship and trusteeship authorities and providing them with the necessary methodological assistance.

The institution of guardianship and trusteeship is regulated by the norms of both civil and family law, which once again proves the closeness of these branches of law. However, if the Civil Code of the Russian Federation (Civil Code of the Russian Federation) defines general provisions relating to guardianship and trusteeship, then the Family Code of the Russian Federation (FC RF) pays attention primarily to guardianship of minors.

1 GUARDIANESS AND CUSTODY AS A LEGAL INSTITUTION

1.1 Concept, principles and objectives of guardianship and trusteeship

“Currently, guardianship and trusteeship are a comprehensive institution of civil and family law, including norms and public branches (administrative law), providing all types of protection of the rights and legitimate interests of citizens in need in order to protect their personal and property rights.”

Citizens of the Russian Federation enter into various legal relationships: civil, political, economic, social, cultural, etc.

The right of individuals to participate in such legal relations is determined by their civil legal capacity and legal capacity – legal personality.

If the legal capacity of citizens - the ability to have and bear civil rights and obligations, arises at the moment of birth and ends with his biological death, is recognized equally for all citizens. (Article 17 of the Civil Code of the Russian Federation)

That is, the legal capacity of citizens - the ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil duties and to fulfill them, does not belong to all citizens and is not the same for everyone, and arises in full only when a person reaches a certain age. (Article 21 of the Civil Code of the Russian Federation)

There are 4 categories of legal capacity of citizens:

full legal capacity (occurs from the age of 18, in exceptional cases from the age of 16);

partial legal capacity of minors (14-18 years old);

partial legal capacity of young children (6-14 years old);

limited legal capacity, in the case of a person’s abuse of alcohol or drugs, as a result of which the person puts his family in a difficult financial situation.

The legislation also provides for cases of deprivation of legal capacity if, due to a mental disorder, a person cannot understand the meaning of his actions or control them. Such a person is recognized by the court as incompetent.

Possession by a person of partial, limited legal capacity or the absence thereof implies the inability of the person to fully independently exercise his rights and obligations. In such cases, the state, through the guardianship and trusteeship authority, establishes guardianship or trusteeship in order to compensate for the lack of legal capacity of such persons to ensure the protection of their interests.

“Guardianship and trusteeship can equally be understood as a complex of direct actions to implement social care, as well as a legal connection, a legal relationship with the participation of a guardian (trustee) and a ward.

Of course, guardianship and trusteeship are also a legal institution - a set of norms regulating the implementation of this type of social care for incapacitated and partially incompetent persons”2.

“The legal relationship of guardianship and trusteeship begins from the moment when guardianship and trusteeship are established and ends with its termination.”

The procedure for exercising guardianship is regulated by Art. 32 of the Civil Code of the Russian Federation, according to which guardianship is established over two categories of citizens:

over minors (minors under 14 years of age);

citizens declared incompetent by a court due to a mental disorder.

With the help of guardianship, persons without legal capacity act as full-fledged subjects of various types of legal relations. Legally significant actions for them, in their interests, are carried out by the guardian, fulfilling the absent legal capacity of his ward.

The procedure for implementing guardianship is sanctioned by Art. 33 of the Civil Code of the Russian Federation, it is carried out in relation to:

minors (14-18 years old);

citizens limited by a court to incapacity due to alcohol or drug abuse;

capable citizens if, for health reasons, they cannot independently exercise their rights and fulfill their responsibilities (elderly people, disabled people).

Unlike guardianship, trusteeship provides only actual or legal assistance to persons without legal capacity and protects against abuse by third parties.

The decision to appoint guardianship and trusteeship is made by the guardianship and trusteeship body, which belongs to local governments, on the initiative of the head of the local administration, which is binding on all legal entities, individuals and public organizations.

“To establish guardianship (trusteeship), the guardianship and trusteeship authorities must have information about the need for their participation in providing assistance to an incompetent, partially capable person,” which comes from the court, social protection authorities, civil registry office, human rights bodies, statements from neighbors, relatives, etc. After checking and confirming this information, the guardianship and trusteeship authorities must take the necessary protective measures: placing an incapacitated or partially capable person under guardianship or trusteeship.

Subsequently, after the appointment of a guardian or trustee, the guardianship and trusteeship authorities play an important role in the relations of citizens who have become guardians or trustees and are under guardianship and trusteeship. They carry out constant supervision (control) over the activities of guardians (trustees), as persons authorized by the state to take care of those in need of their help.

“The objectives of the institution under consideration are determined by the purpose of guardianship (trusteeship) as an individual form of placement for citizens. The tasks of the Institute of Guardianship and Trusteeship include the following tasks:

protecting the rights and interests of citizens is the main task;

“ensuring the establishment of guardianship and trusteeship for persons in need - organizational in nature and its implementation consists of identifying persons in need of guardianship and trusteeship and searching for citizens willing to take guardianship and trusteeship over them”;

“ensuring a decent standard of living for citizens under guardianship and trusteeship through measures aimed at meeting the everyday needs of the person under guardianship (housing, food, clothing) as the basis for his normal life”;

providing state support to citizens acting as guardians and trustees;

provision by the executive bodies of guardianship and trusteeship of the possibility of their maximum functioning. Its implementation consists of financing, staffing and technical support for the activities of guardianship and trusteeship.

The fundamental principles of organizing its work are important:

the principle of voluntariness, that is, “free acceptance of guardianship (trusteeship) and free refusal by the guardian (trustee) to fulfill his duties”;

controllability of the activities of guardians (trustees) and guardianship and trusteeship bodies through their supervisory (control) function;

ensuring maximum protection of the rights and interests of wards;

state support for persons engaged in activities to protect the rights and legitimate interests of wards and stimulation of such activities, which may include the provision of social benefits to such persons.

The grounds for termination of guardianship and trusteeship are indicated in Art. 40 Civil Code of the Russian Federation:

recognition by the court of a completely incompetent adult citizen as capable as a result of his recovery, since he can defend himself, reasonably manage his actions and actions related to the protection of both personal and property rights, at the request of the guardian. If this does not happen, guardianship may be terminated at the initiative of the guardianship and trusteeship authorities;

recognition by the court of the lifting of the restriction of legal capacity of a person who abused alcoholic beverages or drugs. Guardianship may be terminated at the request of the guardianship and trusteeship authorities;

when the ward reaches 14 years of age - termination of guardianship and the onset of trusteeship;

reaching 18 years of age, changing family legal status after marriage, emancipation or acquiring legal capacity. In such cases, a decision to terminate guardianship is not made;

violation of the conditions for the appointment of a guardian, trustee, provided for in paragraph 2 of Art. 35 Civil Code.

death of the ward or his guardian (trustee).

1.2 Guardians and trustees as subjects of the institution of guardianship and trusteeship

The legal status of guardians and trustees and the procedure for their appointment is determined by the Federal Law “On Guardianship and Trusteeship”, the Civil Code of the Russian Federation, the Family Code of the Russian Federation and other legal acts of the Russian Federation and its constituent entities.

“In accordance with Art. 32 and 33 of the Civil Code of the Russian Federation, guardians are representatives of wards by force of law and carry out on their behalf and in their interests all necessary transactions, and trustees give consent to the completion of those transactions that citizens under guardianship do not have the right to carry out independently. In addition, a trustee, unlike guardianship, is a kind of controller of the activities of the ward, and the guardian completely replaces with his activities the actions of the ward related to the creation and implementation of his rights and obligations.” The trustee is not the representative of the ward.

“Guardians and trustees are the legal representatives of their wards; they defend their rights and interests in relations with any persons, including in the courts, without special authority. They operate under the control of the guardianship and trusteeship authorities, which, according to paragraph 1 of Art. 34 of the Civil Code of the Russian Federation are local government bodies.” These bodies select a guardian or trustee for the ward according to certain requirements, which are enshrined in Article 35 of the Civil Code of the Russian Federation:

a guardian (trustee) can only be an adult, fully capable person;

A person who has previously discredited himself as a teacher cannot be a guardian (trustee): persons deprived of parental rights or limited in parental rights; former adoptive parents, if the adoption was canceled due to their fault, persons suspended from performing the duties of a guardian (trustee) and persons who, for health reasons, cannot fulfill their duties.

Guardianship (trusteeship) is established either at the place of residence of the person subject to guardianship and trusteeship, or at the place of residence of the guardian (trustee) and is carried out free of charge.

Guardianship (trusteeship) is established on the basis of the will of the guardian (trustee), his personal statement, since “successful protection of the rights and interests of the ward largely depends on the desire of the guardian (trustee) to take care of him, the willingness to do everything necessary to make his fate easier.” A guardian and trustee cannot be appointed against their will.

“But this does not mean the automatic appointment of such a citizen, since if his personal characteristics do not comply with the requirements of the law, the guardianship and trusteeship authority reasonably refuses to establish guardianship (trusteeship).”

The guardian (trustee) expresses his desire to fulfill guardianship (trustee) duties in a statement addressed to the guardianship and trusteeship authorities with a request to be appointed as a guardian (trustee). Within one month after a court decision to recognize a person as incompetent or to limit his legal capacity, the guardianship and trusteeship authority must appoint a guardian (trustee) and if the person who has expressed a desire to become a guardian (trustee) meets the requirements, then he is appointed as a guardian (trustee). The appointment of a guardian (trustee) can be appealed in court by interested parties.

If a guardian (trustee) is not appointed within a month, the performance of the duties of a guardian (trustee) is temporarily assigned to the guardianship and trustee body, or to the relevant institution of the system of educational, health, social protection authorities for full state care forever or for some reason. then the deadline.

The duties of a guardian (trustee) include:

taking care of the care of the ward, providing for his needs (providing food, clothing, care, treatment);

protection of the rights and interests of wards (housing, inheritance);

In the case of guardianship of minors, the responsibilities of guardians completely coincide with those of parents.

However, a sufficiently large volume of powers of guardians (trustees) may cause them to abuse their rights, therefore, in paragraph 3 of Art. 37 of the Civil Code of the Russian Federation establishes what guardians (trustees) do not have the right to do:

make transactions with their wards, with the exception of transferring property to the ward as a gift or for free use;

represent the ward when concluding transactions or conducting legal cases.

Supervision (control) over guardians (trustees) implies the accountability of the guardian (trustee). Every year, no later than February 1 of the current year, he submits to the guardianship and trusteeship body a report in writing for the previous year on the storage, use of the ward’s property and on the management of the ward’s property with the attachment of documents (copies of sales receipts, receipts for payment of taxes, insurance amounts and other payment documents). This report must contain information about the condition of the property and the place of its storage, the acquisition of property to replace alienated property, income received from the management of the ward’s property, and expenses incurred at the expense of the ward’s property. The guardian's or conservator's report must also indicate the dates on which amounts were received from the ward's account.

Also, guardians (trustees) are responsible for transactions made on behalf of the wards, in the manner established by civil law: they are responsible for harm caused through their fault to the person or property of the ward (they compensate the ward for losses), bear criminal liability, administrative liability for their actions or inaction in the manner established accordingly by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.

In accordance with Art. 39 of the Civil Code of the Russian Federation, the release and removal of guardians and trustees from the performance of their duties is possible in the following cases:

the return of the minor to his parents or his adoption, since the loss of parental care is not always permanent.

When adopting a ward by a guardian (trustee), the consent of the parent is not required. The adoption of a ward by other persons, as a rule, requires the consent of his guardian (trustee);

the deadline for termination of temporary guardianship has arrived; a decision on the release of the guardian (trustee) is not necessary;

if there are good reasons: illness, lack of mutual understanding with the ward, then the ward can be placed in one of the state institutions (educational, medical, social protection, etc.). If this kind of arrangement is temporary, the guardian or trustee is not relieved of his duties;

at the request of the guardian (trustee) himself, but only if there is a good reason, for example, the reluctance of the second spouse to endure difficulties arising in the family, loss of work by the guardian (trustee) and other serious economic difficulties for the guardian (trustee) himself and his family members, inability to cope with the problems of the ward, the presence of a more suitable candidate for the role of guardian (trustee).

A guardian (trustee) cannot refuse to perform his duties without reason.

It is necessary to distinguish between the concept of “release” and “removal” of the guardian (trustee) from his duties. In the first case, the legal relationship between the guardian (trustee) and his ward based on his desire is completely terminated. Removal does not depend on the will of the guardian (trustee), his intentions and plans. Thus, a guardian (trustee) may be removed from his duties if

uses guardianship or trusteeship for personal gain or leaves the ward without supervision and necessary assistance. In such cases, the guardianship and trusteeship authority has the right to send all the materials it has to the prosecutor's office, the guardian (trustee) may be brought to administrative, and if this is related to cruelty to the child, to criminal liability.

In the event of termination of guardianship or trusteeship, the person who performed the duties of a guardian or trustee, no later than three days, is obliged to submit a report on his actions to the guardianship and trusteeship authority. The agreement on guardianship or trusteeship is terminated.

2 FEATURES OF ESTABLISHING GUARDIANESS AND CUSTODY

2.1 Establishment of guardianship and trusteeship of minors

The basis for establishing guardianship or trusteeship over minors is the fact that they have lost parental care for one reason or another (death of parents, deprivation, restriction of their parental rights, recognition of parents as incompetent, illness of parents, etc.).

Guardianship is established over children under the age of 14 (clause 1 of Article 32 of the Civil Code of the Russian Federation), the guardian completely replaces his wards in property relations, and is his representative by force of law.

Guardianship is established over children aged 14-18 years; the guardian helps to exercise the rights and obligations of a partially capable person by giving consent to such persons to carry out transactions and other legally significant actions.

However, if, within the one-month period established by law, the guardianship and trusteeship authorities do not find a person who has expressed a desire to become a guardian (trustee), minors are placed in educational, medical institutions and social protection institutions for full state support.

A person under 18 years of age is recognized by law, due to his age, as partially capable and has the right to carry out a certain type of transaction:

1) minors aged 6 to 14 years (citizens under 6 years of age are recognized as incompetent), in accordance with paragraph 2 of Art. 28 of the Civil Code of the Russian Federation has the right to independently carry out small-scale transactions and transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration, transactions for the disposal of funds provided to them by a parent, legal representative or, with the consent of the latter, by a third party for free disposal. Other transactions for minors are made on their behalf by representatives - parents, adoptive parents or guardians, who also bear all property liability for transactions made by minors.

2) minors aged 14 to 18 years, who, in accordance with Art. 26 of the Civil Code of the Russian Federation has the right to independently dispose of his earnings, scholarships and other income, exercise the rights of the author of a work of science, literature, art and other results of intellectual activity, make and manage deposits in credit institutions, as well as carry out all those transactions that minors have the right to independently carry out aged 6 to 14 years. Other transactions are made with the written consent of parents, adoptive parents or trustees. For all completed transactions, persons aged 14 to 18 years are independently responsible for property.

Guardianship and trusteeship are of a special nature and differ from other types of guardianship and trusteeship in their functions - protection of the personal and property rights of wards, as well as the fulfillment of the rights and responsibilities of parents (upbringing, maintenance and education of children). Therefore, guardians and trustees are required to live with the child in the same family.

Children under guardianship and trusteeship retain the right to communicate with their parents and relatives, if this does not contradict the interests of the child.

Termination of guardianship and trusteeship occurs in the following cases:

1) when the child reaches a certain age:

upon reaching 14 years of age, guardianship becomes trusteeship (Clause 2, Article 40 of the Civil Code of the Russian Federation);

when the ward reaches the age of majority;

declaring a child fully capable in the event of marriage after 16 years of age if there is a good reason (clause 2 of Article 21 of the Civil Code of the Russian Federation) or emancipation (work under an employment contract, engaging in entrepreneurial activity) (Article 27 of the Civil Code of the Russian Federation).

2) upon release from the duties of a guardian or trustee:

when a minor is returned to his parents or adopted, since the loss of parental care is not always permanent, but only if the parents’ claim is satisfied.

When adopting a ward by a guardian (trustee), the consent of the parent is not required. The adoption of a ward by other persons, as a rule, requires the consent of his guardian (trustee);

at the request of the guardian (trustee) himself in the presence of valid reasons (illness, change in property status, etc.)

3) when a guardian (trustee) is released or removed from the performance of his duties by the guardianship and trusteeship body (Article 39 of the Civil Code of the Russian Federation), if he performs them improperly, uses guardianship (trusteeship) for personal gain, leaves the ward without supervision and necessary assistance .

2.2 Establishment of guardianship and trusteeship over adult incompetent citizens

The only basis for establishing guardianship over an adult citizen is his recognition as incompetent due to a mental disorder; he cannot understand the meaning of his actions or control them. (Article 29 of the Civil Code of the Russian Federation)

In this case, the citizen has no right to make any transactions, including small household ones. All transactions on his behalf are carried out by his guardian (Article 29 of the Civil Code of the Russian Federation). Otherwise, such transactions are considered illegal.

The decision to recognize a citizen as incompetent due to a mental disorder is made by the court, referring to the assessment of the forensic psychiatric examination, which is carried out on the basis of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision.”

In accordance with paragraph 3 of Art. 5 of this law, restriction of the rights and freedoms of persons suffering from mental disorders only on the basis of a psychiatric diagnosis, the facts of being under dispensary observation in a psychiatric hospital or in a psychoneurological institution for social security or special training is not allowed.

A citizen has the right to appeal the diagnosis given to him in court. In this case, a re-examination is scheduled.

The Civil Procedure Code of the Russian Federation regulates in detail the procedure for declaring a citizen incompetent. The case can be initiated at the request of members of his family, public organizations, the prosecutor, the guardianship and trusteeship authority, or a psychiatric hospital in the court at the citizen’s place of residence or at the location of the medical institution where he resides. The application must provide facts that allow the citizen to be considered insane.

The judge, in order to prepare the case for the court hearing, appoints a forensic psychiatric examination. Based on the results of the examination, a conclusion is drawn up and attached to the case materials. The court hearing is attended by: the citizen himself, if this is possible due to his state of health, members of his family, the prosecutor, and a representative of the guardianship and trusteeship authority.

If a citizen is declared incompetent, the court is obliged, within three days from the time the court decision enters into legal force, to inform the guardianship and trusteeship authority located at the place of residence of the person declared incompetent about the need to appoint a guardian for the person.

As in the case of guardianship (trusteeship) of minors, the decision to appoint a guardian to a citizen is made by the guardianship and trusteeship authority within a month from the date of receipt of the necessary information from the court.

If the court determines that the family members who filed the application to the court acted in bad faith, the court will recover all legal costs from them.

Guardianship over an incapacitated citizen is terminated if the court, at the request of the guardian, family members of the citizen, public organizations, the prosecutor or the guardianship and trusteeship authority, or a psychiatric hospital, on the basis of the corresponding conclusion of a forensic psychiatric examination, makes a decision to recognize the recovered person as capable.

2.3 Establishment of guardianship over adult citizens

Guardianship of adult citizens is established by a court decision in the event of a citizen’s abuse of alcoholic beverages or drugs, as a result of which he puts his family in a difficult financial situation. (Article 30 of the Civil Code of the Russian Federation).

The law specifies that the abuse of alcoholic beverages or drugs must be so excessive or systematic that it conflicts with the interests of his family members and entails unaffordable expenses for their purchase. Limiting the legal capacity of such a citizen primarily aims to protect the property interests of the family (spouse, adult children, parents, other relatives). Recognition of a citizen as a chronic alcoholic or drug addict does not raise the possibility of limiting his legal capacity.

The procedure for limiting legal capacity is defined in the Civil Procedure Code. The case in court is considered with the mandatory participation of a citizen, a prosecutor and a representative of the guardianship and trusteeship authority.

If a citizen is recognized as having limited legal capacity, “control is established over him by a specially appointed person - a trustee - over the execution of transactions, including the receipt of wages, other income and the disposal of them, however, he has the right to make one category of transactions without asking consent - small household transactions."

“The legal capacity of such a citizen is not subject to restrictions, and he independently bears property liability for the transactions he has made and for the harm he has caused.”

The abolition of guardianship is carried out by the court at the request of the citizen himself, his trustee, a public organization, or a prosecutor, if the grounds for limiting legal capacity have disappeared or the family of a person recognized as having limited legal capacity has ceased to exist (divorce, death, family separation) and, therefore, the obligation of this person to provide funds for its maintenance, or as a result of the conclusion of a forensic psychiatric examination with justification for recovery or significant improvement in the condition of the ward.

3 PATRONAGE

“The Civil Code of the Russian Federation provides for the institution of guardianship in the form of patronage (assistant). This institution applies to an adult capable citizen who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties,” for example, serious illness, physical disabilities, or old age.

A trustee (assistant) of an adult capable citizen can be appointed by the guardianship and trusteeship body only with the consent of such a citizen. The appointed trustee (assistant) must meet all the qualities established in the Legislation of the Russian Federation and be appointed at the place of residence of the ward. “The presence of children or other relatives who are obliged by law to provide him with support and material assistance is not an obstacle to establishing patronage.”

“A citizen over whom patronage is established can independently make any transactions, since he is fully capable,” the trustee acts only as their assistant, adviser, and person who provides practical assistance in everyday life. The disposal of property belonging to an adult capable ward is carried out by a trustee (assistant) on the basis of an agency or trust agreement concluded with the ward. The execution of household and other transactions aimed at maintaining and satisfying the household needs of the ward (purchase of food, clothing, medicines, household items, etc.) is carried out by his guardian (assistant) with the consent of the ward or on his actual instructions. As a rule, the current income of the ward is used for these purposes (pensions, benefits, alimony and additional funds paid in court by their adult children, etc.).

Patronage of adult capable citizens is terminated:

at the request of a citizen under patronage;

when placing a ward in a medical institution or social protection institution;

at the request of the trustee (assistant) in the presence of valid reasons that make it impossible to further carry out his duties;

when removing a trustee (assistant) from his duties due to improper performance, including the use of patronage for personal gain, leaving the ward without supervision and necessary assistance;

upon the death of the ward (without making a corresponding decision).

To terminate patronage, a decision of the relevant guardianship and trusteeship authority is required (adopting an act by the head of the local administration).

CONCLUSION

In conclusion, we can say that the institution of guardianship and trusteeship is a rather complex, multifunctional and specific civil law institution.

Its purpose is determined depending on what particular interests and needs of the wards are to be protected as a matter of priority. Thus, guardianship and trusteeship can refer to the form of “arrangement” of individuals (labor and housing), both for adults and minors, as well as to the “replacement” of a person’s will with the will of one or another state or local authority when resolving a vital issue private life."

Thus, guardianship and trusteeship by their actions satisfy both the interests of a private person in the self-preservation of life, health, rights, and the interests of society, public in general, in the preservation of citizens, a given society (elimination of beggary, child neglect, reduction of the level of alcoholism, drug addiction, crime in the country, etc.)

Guardianship and guardianship is a fairly weighty, important and most importantly necessary institution on a national scale, since the survival of not only certain categories of persons and citizens, but also the entire society, as well as providing those in need with legal support depends on its functioning, efficiency and development. and social protection.

LITERATURE

I. Regulatory acts:

1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994) (as amended on June 29, 2009)

2. Law of the Russian Federation of July 2, 1992 N 3185-1 (as amended on August 22, 2004) “On psychiatric care and guarantees of the rights of citizens during its provision”

3. Federal Law of April 24, 2008 N-48 “On guardianship and trusteeship” (adopted by the State Duma of the Federal Assembly of the Russian Federation on April 11, 2008)

4. Federal Law of October 6, 2003 N 131-FZ (as amended on May 7, 2009) “On the general principles of organizing local self-government in the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on September 16, 2003)

II. Special literature:

1. Gatin A.M. Civil law: Textbook. allowance – M.: Dashkov and Co., 2009 -384 p.

2. Civil law: a textbook for universities in three parts. Part one // ed. V.P. Kamyshansky, N.M. Korshunova, V.I. Ivanova. – M.: Eksmo, 2009. – 704 p.

3. Civil law: textbook. // edited by A.P. Sergeeva, Yu.K. Tolstoy. – 4th ed., revised. and additional - M.: Prospekt, 2005, - 765 p.

4. Civil law: Textbook / ed. E.A. Sukhanov. - In 2 volumes. Volume 1. - M.: BEK Publishing House, 1998. - 816 p.

5. Civil law: textbook / S.S. Alekseev, B.M. Gongalo, D.V. Murzin and others / edited by. ed. S.S. Alekseeva. – 2nd ed., revised. and additional – M.: Prospekt, 2009. – 528 p.

6. Ruzakova O.A. Civil law: textbook. – M., Moscow Financial and Industrial Academy, 2004. – 422 p.

7. Commentary on the Civil Code of the Russian Federation, part one / rep. ed. O. N. Sadikov. – M.: INFRA-M, 2007. – 1061 p.

8. Mikheeva L.Yu. Institute of guardianship and trusteeship in modern conditions // State and law. 2003. N 5. P. 53 - 59.

9. Guardianship and guardianship: theory and practice / Mikheeva L.Yu.; Edited by: Manankova R.P. - M.: Wolters Kluwer, 2004. - 368 p.

10. Yu. Mikheeva, I. M. Kuznetsova // Problems of civil, family and housing legislation. -M.: Gorodets, 2005. -S. 106- 116

11. Chausskaya O.A. Civil law. Textbook for universities. – M.: Dashkov and Co., 2009. – 480 p.

12. Sherstneva, N. S. Guardianship and trusteeship as a form of education of minors // Family and housing law. -2007. — No. 2. — P. 27 – 29

Rights of minor children

The basic rights of children in the family include:

Living in the family of origin and well-being that contribute to the development of the child’s personality.
Living with parents in one place until the age of 14.
Receiving your own name, which is provided by parents by mutual consent, patronymic and last name from dad or mom.
Open expression of personal position on any issues and issues that relate to his interests and upbringing.
Maintaining relationships and communication with every close relative, both from the mother’s side and the father’s side.
Protection of personal rights by all legal means.
Possession of personal income.

Protection of the rights of minor children

The law determines that the protection of the rights of minors is carried out by their representatives - parents, guardians or trustees. In a situation where the parents’ rights were limited by court order, the interests of the child will be protected by the guardianship authorities.

When parents or adoptive parents are absent, the administration of the organization will act as a guardian when the person is placed.

Options for protecting children's legal rights

There are a number of methods that can be used to protect the interests of a child, which are prescribed by law. Among the main ones:

Contacting the government organs. For example, the police, guardianship authorities. You can also contact the Committee on the Rights of Minors, as they work in the areas of preventing legal violations and conducting psychological and social rehabilitation.
Proceedings in court. Restoration of the violated rights of minor citizens can be carried out within the framework of civil and administrative procedures. Criminal situations also occur. The claim is submitted by the child's guardian on his own behalf.

When guardianship institutions determine that there is a conflict in the interests of the child and the parents, they cannot represent the minor.

Protecting children's rights in education

The right to free general education is enshrined in law, and violations in this area are quite common. Even when the minor takes various measures for better education, officials of the educational institution are able to demand payment of financial contributions. They are mainly intended for:

Purchase of textbooks.
Repair
Purchasing water.
Purchases of school uniforms and other expenses that are not related to the training procedure.

ATTENTION! Demanding payments from institutional officials, teachers, and parent committees is considered illegal. When, due to non-payment, a child is hindered in the procedure for obtaining knowledge, he must contact the prosecutor's office.

When a minor needs to continue his education in this institution, legal representatives need to be tactful. A further step is required only in a situation where the previous one did not give a favorable outcome. A joint appeal to each department can cause a negative attitude towards the child on the part of teachers.

Protection of the rights of minors violated in the family

Often, a child needs to be protected from precisely those citizens who must ensure his protection. The problem of early detection of abuse in the family is acute for specialized authorities.

Legal representatives most often endanger the life and health of citizens under the age of 18, as well as their property. A feature of these offenses is the difficulty in defining them. Conflict situations that occur in the family are closed from prying eyes. This creates an additional danger for the baby.

Application to social security authorities

In the social protection system of the region and residents of the Russian country, there are specialized bodies that are responsible for protecting the rights of minors. This is social. guardianship and trusteeship.

Russian guardianship laws are transferred to municipal authorities for implementation. Consequently, any administrative region has its own department.

The exercise of powers is carried out upon application. When a legal representative needs a document to protect the property of a minor, it is necessary to contact the department at the place of registration of the child or the location of the property. When children's rights are violated by parents or guardians, anyone can report this to the guardianship authority.

Restoration of violated rights

Restoration of the violated rights of persons under the age of 18 is carried out in court and involves a comprehensive investigation with the participation of both government bodies and representatives of the law.

The opinion of the department for the protection of children's rights will definitely be heard. Provided that there is a real legal violation, the judicial authority and social care always take the side of the children.

Social gerontology_Milkamanovich V.K. / +Topic 12 Social. care

Topic 12. Social care for elderly people

One of the important areas in social work with older people is guardianship and trusteeship

. Guardianship and trusteeship are a social and legal form of protection of personal and property rights and interests of citizens.

Guardianship is established over:

young children under 14 years of age;
citizens declared incompetent by a court due to a mental disorder (mental illness or dementia).

Guardians are representatives of wards by virtue of the law and carry out household transactions on their behalf and in their interests (other transactions require permission from the guardianship and trusteeship authorities). Only a citizen who has reached the age of 18 and has voluntarily assumed the functions of guardianship can be a guardian. If he does not perform his duties properly, he may be removed from guardianship, and in some cases (using guardianship for personal gain, etc.) he may be brought to criminal liability. When the ward reaches 14 years of age, guardianship ends and the guardian becomes a trustee.

Guardianship is established over:

minors aged 14 to 18 years who do not have parents (adoptive parents) or for other reasons are deprived of parental care;
citizens whose legal capacity has been limited by a court due to alcohol or drug abuse;
capable adult citizens who, for health reasons, cannot defend their interests and rights themselves.

The guardian is obliged to protect the rights and interests of the ward, live (in most cases) with him and fulfill the upbringing responsibilities of the parents, provide the ward with the necessary living conditions, care and treatment, and protect him from abuse by third parties. A guardian over a legally capable person can be appointed only with the consent of the ward. The implementation of guardianship functions is entrusted to the bodies of education, health care and social protection.

In accordance with the Regulations on the guardianship and trusteeship authorities in the Republic of Belarus (No. 308 of March 23, 2005), the guardianship and trusteeship authorities for older people are local executive and administrative bodies.

The implementation of guardianship and trusteeship functions is entrusted to:

1. in relation to persons recognized as incompetent - to health departments (departments);

2. in relation to capable persons who need care for health reasons - to the departments (departments) for labor and social protection of local executive and administrative bodies.

Tasks of guardianship and trusteeship authorities:

identification and registration of persons in need of guardianship and trusteeship;
protection of personal and property rights and legitimate interests of adults recognized by the court as incompetent due to a mental disorder (mental illness or dementia), limited by the court in legal capacity due to the abuse of alcoholic beverages, narcotic drugs or psychotropic substances, and adult capable persons who need to establish patronage over them ; establishment of guardianship over persons recognized by the court as incompetent due to a mental disorder (mental illness or dementia);
establishment of guardianship over persons limited by the court in legal capacity due to abuse of alcoholic beverages, narcotic drugs or psychotropic substances;
establishment of patronage over adult capable persons who, for health reasons, cannot independently exercise and protect their rights and perform duties, at their request.

Local executive and administrative bodies
as guardianship and trusteeship bodies :
1. ensure, until the issue of establishing guardianship and trusteeship is resolved, the temporary placement of persons in need of guardianship and trusteeship and the safety of their property;

2. appoint guardians, trustees, trustees-assistants (persons exercising patronage over adults with legal capacity), release and remove them from their assigned duties;

3. give the guardian preliminary permission to make transactions, the trustee to give consent to carry out alienation transactions on behalf of the ward, including the exchange or donation of the ward’s property, leasing it (hiring), gratuitous use or collateral, transactions entailing refusal from the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other transactions entailing a decrease in the property of the ward;

4. decide on the payment of the ward’s salary, pension and other payments directly to the trustee or, in agreement with him, to a spouse or other adult family member to be spent on the needs of a person limited in legal capacity due to abuse of alcoholic beverages, narcotic drugs or psychotropic substances;

5. in some cases, give permission for the separation of the guardian from the ward, if the separation does not adversely affect the protection of the rights and legitimate interests of the ward;

6. initiate in court cases to recognize a citizen as having limited legal capacity due to abuse of alcohol, narcotic drugs or psychotropic substances, to recognize him as incompetent due to a mental disorder (mental illness or dementia), as well as to recognize a marriage as invalid as concluded with a person declared incompetent due to mental illness disorders (mental illness or dementia);

7. take part in the consideration in court of cases on recognition of the invalidity of a marriage as concluded with a person declared incompetent due to a mental disorder (mental illness or dementia);

8. establish guardianship over the property of deceased and missing persons;

9. when the guardian uses guardianship for personal gain, as well as in the case of leaving the ward without supervision and the necessary assistance, transfer to the prosecutor the necessary materials to resolve the issue of bringing the guilty person to justice in the manner prescribed by law;

Health departments (departments) of local executive and administrative bodies

as bodies performing the functions of guardianship and trusteeship:

1. identify incompetent adults who, due to a mental disorder (mental illness or dementia), need to establish guardianship, as well as persons recognized as having limited legal capacity due to abuse of alcohol, narcotic drugs or psychotropic substances, who need to establish guardianship;

2. prepare the necessary materials for initiating cases in court to recognize citizens as incompetent or partially capable and take part in the consideration of such cases;

3. take, if necessary, measures to place persons suffering from mental disorders (mental illness or dementia), with limited legal capacity due to abuse of alcoholic beverages, narcotic drugs or psychotropic substances, in appropriate medical institutions;

4. submit to the guardianship and trusteeship authorities the documents necessary for the appointment of a guardian or trustee over persons recognized by the court as incompetent or partially capable, with their conclusion;

5. check the fulfillment of the duties assigned to them by guardians and trustees;

6. if necessary, initiate petitions before the guardianship and trusteeship authorities for the release or removal of guardians or trustees from performing their duties;

7. in cases where the court recognizes incompetent and partially capable persons as legally competent, petitions are filed to cancel the guardianship or trusteeship established over these persons;

8. keep records and personal files of persons recognized by the court as incompetent due to a mental disorder (mental illness or dementia), as well as persons recognized by the court as partially capable due to the abuse of alcoholic beverages, narcotic drugs or psychotropic substances.

Departments (departments) of social protection
of local executive and administrative bodies
as bodies performing the functions of guardianship and trusteeship:

1. establish patronage at the request of an adult capable person who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties;

2. submit to the guardianship and trusteeship authorities, at the request of an adult capable person who needs patronage for health reasons, the materials necessary for the appointment of a guardian-assistant, with their conclusion;

3. until patronage is established, provide assistance to persons who, for health reasons, are unable to independently exercise and protect their rights and fulfill their duties;

4. take measures at the request of single adults with legal capacity who, for health reasons, cannot independently exercise and protect their rights and fulfill their responsibilities, to place them in social service institutions;

5. check the fulfillment by assistant trustees of the duties assigned to them;

6. if necessary, initiate petitions before the guardianship and trusteeship authorities for the release or removal of assistant trustees from performing their duties;

7. keep records and personal files of adult capable persons over whom patronage has been established due to their health status;

8. terminate patronage at the request of the person under patronage;

Guardianship and trusteeship bodies and bodies performing the functions of guardianship and trusteeship, in order to fulfill the duties assigned to them, have the right:

1. require individuals and legal entities to submit the necessary documents and certificates;

2. conduct an examination and interview of persons in order to obtain the necessary information to resolve issues of guardianship and trusteeship;

3. call guardians, trustees, trustee-assistants and other citizens for conversation and explanations on issues related to the protection of the rights of wards and wards;

4. issue to interested individuals and legal entities, within its competence, certificates and opinions relating to issues of guardianship and trusteeship.

The most common form of social care for older people who are unable to fully (or at all) exercise their rights and fulfill their responsibilities due to health reasons is the functioning of the boarding house system.

home
for the elderly and generally disabled
for various reasons, the main of which is helplessness or fear of impending physical helplessness. At the same time, these old people also suffer various moral, social and family losses, which, ultimately, are the reason for voluntary or forced abandonment of their usual way of life.

Indications

for placing citizens in a boarding home for the elderly and general disabled people, the citizens' need for health reasons in everyday services, care and medical care is determined in the absence of medical contraindications and indications for inpatient treatment in health care organizations.

In accordance with the Regulations on a boarding house for the elderly and disabled people of a general type of the Ministry of Social Protection of the Republic of Belarus, this boarding house is a medical and social institution intended for permanent and temporary residence on full state support or for a fee for single elderly and disabled people in need of care, household and medical care.

A boarding house is created, reorganized and liquidated by a decision of local executive and administrative bodies, a resolution of the Council of Ministers of the Republic of Belarus.

The boarding house is named after the name of the local executive and administrative body on the territory of which it is located, with the addition, if necessary, of the corresponding serial number.

A boarding house can be on the budget of a region, city, district, has an annual cost estimate, enjoys the rights of a legal entity, has a seal and stamp with its name, as well as a staffing table approved in the prescribed manner.

In addition to budgetary funds, a boarding house may, in accordance with the established procedure, have special funds from subsidiary agriculture, medical production workshops, deductions from enterprises, cooperatives and other production structures operating on the basis of the institution, which are spent on improving cultural and everyday services for citizens living in boarding house.

A boarding house may have funds from charitable organizations, enterprises, institutions, and individual citizens.

The main objectives of the boarding house are:

implementation of social protection for the elderly and disabled by providing material and living conditions, creating favorable living conditions for them, close to home, in an atmosphere of respect for residents;
organizing care for residents, providing them with medical care and conducting cultural activities;
implementation of activities aimed at social and labor rehabilitation of disabled people.

In accordance with the main objectives of the boarding house:

— accepts elderly citizens and disabled people for accommodation and actively promotes their adaptation to a new environment and team;

provides them, in accordance with approved standards, with comfortable housing with furniture and equipment, bedding, clothing, shoes;

organizes rational, dietary, including individual nutrition, taking into account the age and health status of residents;

provides care for the elderly and disabled, creates a favorable microclimate and indicated service regimes;
carries out medical examination and treatment of the elderly and disabled, organizes consultative medical assistance from specialists, as well as hospitalization of those in need in medical institutions;

— carries out sanitary, hygienic and anti-epidemic measures; provides disabled and elderly people in need with hearing aids,

glasses, dentures, prosthetic and orthopedic products, non-motor vehicles, as well as special means, including anti-bedsores.

Conditions of admission, maintenance and discharge from the boarding house

Single citizens (including persons recognized as refugees in accordance with the established procedure) who have reached: women - 55 years old, men - 60 years old and disabled people of groups I and II over 18 years old, and to a boarding home for the disabled only disabled people of groups I and P aged 18 to 40 years, who do not have able-bodied relatives obligated by law to support them, or whose relatives live outside the Republic of Belarus. Elderly and disabled people who have able-bodied relatives in the Republic of Belarus who are obliged to support them, but for some reason cannot live in a family, can be accepted into a boarding home as an exception at the request of local executive and administrative bodies and the decision of departments, social services departments protection of regions and the city of Minsk on the basis of an agreement between a citizen or his relatives for full paid maintenance, or incomplete state support. Payment for accommodation is established by the Ministry of Social Protection of the Republic in agreement with the Ministry of Finance. Maintenance fees are paid to the boarding house. The district or city department of social protection, on the territory of which the boarding house is located, organizes the identification of citizens in need of placement in a boarding house, and the preparation of documents for sending them to these institutions, and also ensures household and employment arrangements for citizens upon their departure to the home -boarding schools and exercises, within its competence, control and practical assistance in the activities of boarding houses. Admission to the boarding house is carried out on the basis of a permit issued by regional departments and administrations. Minsk City Department of Social Protection, issued in accordance with the Instruction “On medical indications and contraindications for admission to boarding homes” and on the basis of an application for admission to a boarding home, a medical card issued by the district (city) department of social protection and a medical institution, MREC certificate (for men at least 60 years old and women at least 55 years old).

Heroes of the Soviet Union, Heroes of Socialist Labor, full holders of the Order of Glory, Labor Glory, and in the event of their death - wives who have not remarried and have reached retirement age, disabled people and participants in the Great Patriotic War, family members of deceased military personnel, as well as deceased disabled people and participants of the Great Patriotic War, persons who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, and victims of political repression of the 20-80s and members of their families are admitted to the boarding house on a priority basis.

If there are free places in a boarding house, the elderly and disabled can be accepted for temporary residence for a period of 2 to 6 months on a general basis. In a boarding home, day and weekly departments for the elderly and disabled, as well as paid departments, can be opened. The procedure for admission to temporary maintenance is established by the Ministry of Social Protection of the Republic of Belarus.

Psychoneurological boarding homes for the elderly and disabled

Indications: the need of citizens suffering from chronic mental disorders with social maladjustment for domestic care, observation and medical assistance.

A psychoneurological boarding school is created, reorganized and liquidated by the decision of local executive and administrative bodies in agreement with the Ministry of Social Protection of the Republic of Belarus. The psychoneurological boarding school carries out its activities under the leadership of a higher-level organization and the executive committee of government bodies.

District and city departments of social protection organize the identification of citizens in need of placement in a psychoneurological boarding school, and the preparation of documents to send them to this institution, and also provide household and labor placement for citizens for whom the MREC establishes disability group III, exercise control and control within their competence. practical assistance in the activities of a psychoneurological boarding school.

A psychoneurological boarding school is on the budget of a region, city, district and has an annual cost estimate, a staffing table, enjoys the rights of a legal entity, and has a seal and stamp with its name.

The main objectives of the psychoneurological boarding school are:

material and living support for the elderly and disabled, creating living conditions for them close to home, a favorable microclimate;

providing care (supervision) for residents, providing them with qualified medical care and conducting cultural work;

implementation of activities aimed at social and labor rehabilitation of disabled people.

In accordance with the main objectives, the psychoneurological boarding school carries out:

receiving mentally ill elderly and disabled people and actively promoting their socio-cultural adaptation;
consumer services for disabled people, providing them with comfortable housing with furniture and equipment, bedding, clothing and shoes in accordance with approved standards;
organization of rational, dietary, including individual nutrition, taking into account age and health status;
care (supervision) for mental patients in accordance with the regime of detention;

— clinical examination and treatment of residents, organization of advisory and medical assistance from specialists, hospitalization of those in need in medical institutions.

The psychoneurological boarding house accepts persons (women from SS years old, men from 60 years old and disabled people of groups I and II over 16 years old) suffering from chronic diseases who, for health reasons, need care, household services and medical assistance in accordance with the instructions “On medical indications and contraindications for admission to a boarding home”, approved by the Ministry of Health of the Republic of Belarus, regardless of the presence of relatives obligated by law to support them. Disabled people of the Great Patriotic War and from among internationalist soldiers, participants of the Great Patriotic War, victims of political repression of the 20-80s, parents and children of families of military personnel who died (died) while performing military service duties, as well as deceased disabled people and participants of the Great Patriotic War, persons who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, and members of their families are admitted to the boarding school on a priority basis.

Admission to a psychoneurological boarding school for temporary residence for a period of 2 to 6 months is carried out on a general basis, subject to availability, and for five-day a week accommodation - in the manner established by the Ministry of Labor and Social Protection of the Republic of Belarus in coordination with the Ministry of Finance of the Republic of Belarus.

Admission to a psychoneurological boarding school is carried out on vouchers from regional departments and departments of social protection and the department of social protection of the city of Minsk, issued on the basis of an application from the citizen himself or his relatives or a decision of the guardianship and trusteeship authority.

The following must be attached to the application: a court decision declaring the citizen incompetent due to mental illness;
decision of the guardianship and trusteeship authority to release a previously appointed guardian from fulfilling guardianship duties;
medical record with the conclusion of a medical commission and a psychiatrist of a medical institution;

personal file issued by the district (city) department of social protection;
MREC certificate (for men up to 60 years old and women up to SS years).

The conclusion of the medical commission must contain information about the presence of a mental disorder that is a contraindication for placement in a boarding home for the elderly and general disabled people.

The administration of the institution is obliged to conduct a commission examination of the persons living in them at least once a year in order to decide the issue of further detention in this institution, as well as the possibility of revising the decision on their incapacity.

For each elderly or disabled person entering a psychoneurological boarding home, a personal file is opened in which a voucher, pension certificate, application, MREC certificate (for disabled people), a medical card and a medical history are kept, to which an outpatient card received from a medical institution and all medical records are attached. documents from the time the elderly or disabled person was in a boarding school. The passport of an admitted elderly person with a mark of registration in the boarding school and the work book are stored in the office of the boarding school in a special fireproof cabinet.

Sums of money, jewelry or securities of persons admitted to a psychoneurological boarding school, not placed in a bank, are, at their request, accepted for storage in the prescribed manner by the administration until demand by their owner or a person who has a certificate of inheritance issued in the manner prescribed by law .

245

Responsibilities of the authority in relation to the property of wards

The sale of housing, one of the owners of which is considered to be a child, can only be carried out with the consent of the organization in the form of a letter to protect the legal powers of persons under the age of 18.

REFERENCE! Authorized employees must require documentary evidence from the child’s legal guardians that an equivalent property is being purchased in exchange for the housing being sold. Otherwise, employees of the guardianship body must refuse the guardian’s application.

The federal organization in question is obliged to monitor the person’s inheritance and how, until the child reaches the age of eighteen, this property is disposed of by his legal guardian. When certain violations or unauthorized waste of the child’s property are detected, guardianship authorities must intervene.

Responsibility for violation of the rights of minors

When a child’s rights are violated, when a signal is received by a specialized body, the perpetrator can be punished. In this case, a complaint can be filed by:

The child himself.
Mom or dad.
Another relative.
Neighbour.
Teacher.
Any other person.

In general, such applications are rarely received by guardianship authorities. Because of this, quite often violators go unpunished.

When information about a violation of rights goes beyond the boundaries of the home or educational organization, the guilty citizens are brought to administrative or criminal liability. During significant violations, parents are able to first impose restrictions and then lose their own rights. In this situation, children are transferred to the care of government agencies.