Family forms of placement of orphans and children left without parental care

Forms of devices for children left without care

The protection of children who are left without parental care is the responsibility of the state. One of its manifestations is the arrangement of children. The legislator has defined three forms within which orphans and children deprived of parental care can be accommodated.

One such form is adoption. Adoption must be understood as the acceptance of a child recognized as an orphan into a family where he will be considered a blood relative and be the bearer of the rights and obligations arising from such adoption. The placement of children left without parental care in the form of adoption is a priority for the state. After completing the adoption procedure, the parents who adopted the child are responsible for his upbringing, development and maintenance. There are a number of restrictions regarding children who cannot be adopted.

The establishment of guardianship and trusteeship means the transfer of a child to a family as a pupil. Children under 14 years of age are assigned a teacher-guardian. A guardian is appointed for children whose age ranges from 14 to 18 years. A person who has assumed guardianship of a minor is endowed with almost the full range of rights that would be inherent to a parent in raising, educating and maintaining a minor. Such persons accept responsibility for the actions of the child taken into custody. The duty of the guardianship authorities is to regularly monitor the conditions in which the child lives, his upbringing and education. The appointment of guardianship can be carried out with or without setting its duration. Statistics show that guardianship often acts as an intermediate form used in the process of adopting a child.

Children who do not have guardianship from biological parents can be placed in a foster family. The stay of a child in a foster family is carried out on a contractual basis. A child who is placed in foster care is placed under guardianship or trusteeship, depending on his age. The agreement on the transfer of a child to a foster family is urgent. The parties to its conclusion are the adoptive parents or parent, as well as the guardianship and trusteeship authority. As a rule, orphans are transferred to foster care if it is impossible to adopt or take custody of such a child. An example would be the actual upbringing of several siblings in one foster family. Thus, with the help of home education, the process of children’s development, education and maintenance is ensured.

These forms of placement of children left without parental care have various bases, including a court decision and an agreement, but all of them are aimed at satisfying the interests of the child.

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Forms of family arrangement for orphans and children left without parental care

Guardianship and trusteeship are the most common form of placing a child in a family in Russia. (Articles 31, 32, 35, 36 of the Civil Code of the Russian Federation and Article 2 of the Federal Law of April 24, 2008 No. 48-FZ “On guardianship and trusteeship”).

Guardianship is the adoption of a child into a family as a pupil. The guardian has all the rights of parents in matters of upbringing, education, and maintenance of the child, and is responsible for him until the age of 18.

Guardianship and trusteeship are established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.

Guardianship is established over children under the age of 14 years. Guardianship is established over children aged 14 to 18 years (Article 145 of the Family Code of the Russian Federation, Articles 31-33 of the Civil Code of the Russian Federation).

Guardianship of a minor automatically ends when he reaches the age of fourteen. In this case, the citizen performing the duties of a guardian becomes the guardian of the minor without an additional decision on this.

A guardian or trustee is appointed by the guardianship and trusteeship authority at the place of residence of the person in need of guardianship or trusteeship, within a month from the moment when the said authorities became aware of the need to establish guardianship or trusteeship over the child.

Procedure for establishing guardianship

It is established by order of the district administration and does not require a judicial procedure. A citizen of the Russian Federation who wishes to take custody (trusteeship) of a child submits an application to the guardianship and trusteeship authority to appoint him as a guardian (trustee). The application, in accordance with the norms of family law, must be accompanied by certain documents

In accordance with the rules for the selection, registration and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing, approved by Decree of the Government of the Russian Federation of May 18, 2009 No. 423 4. citizen who expressed desire to become a guardian, submits the following documents to the guardianship and trusteeship authority at the place of residence or to an organization that provides social services and exercises the specified powers of the guardianship and trusteeship authorities:

a) an application requesting his appointment as a guardian (hereinafter referred to as the application);

b) a certificate from the place of work of the person who has expressed a desire to become a guardian, indicating the position and average salary for the last 12 months and (or) another document confirming the income of the specified person, or a certificate from the place of work of the spouse of the person who has expressed the desire become a guardian, indicating the position and average salary for the last 12 months and (or) another document confirming the income of the spouse;

c) an extract from the house (apartment) register from the place of residence or another document confirming the right to use the residential premises or the right of ownership of the residential premises, and a copy of the financial personal account from the place of residence;

d) a certificate from the internal affairs bodies confirming that the citizen who has expressed a desire to become a guardian has no criminal record or criminal prosecution for crimes provided for in paragraph 1 of Article 146 of the Family Code of the Russian Federation;

e) a medical report on the state of health based on the results of an examination of a citizen who has expressed a desire to become a guardian, issued in the manner established by the Ministry of Health of the Russian Federation (Resolution of the Government of the Russian Federation of February 14, 2013 N 117 approved a list of diseases, in the presence of which a person cannot adopt) child, take him under guardianship (trusteeship), take him into a foster or foster family).

f) a copy of the marriage certificate (if the citizen who has expressed a desire to become a guardian is married);

g) written consent of adult family members, taking into account the opinion of children over 10 years of age living together with a citizen who has expressed a desire to become a guardian, to accept a child (children) into the family;

i) a copy of a certificate or other document confirming the completion of training of a person wishing to accept into his family a child left without parental care, in the manner established by paragraph 4 of Article 127 of the Family Code of the Russian Federation (except for close relatives of children, as well as persons who are or were guardians (trustees) of children and who were not suspended from performing their duties). The form of the certificate is approved by the Ministry of Education and Science of the Russian Federation;

j) autobiography;

k) a copy of the pension certificate, a certificate from the territorial body of the Pension Fund of the Russian Federation or another body providing pensions.

Documents can be submitted by a citizen to the guardianship and trusteeship authority in person, or through officials of the Budgetary Institution “Center for Social Assistance to Family and Children “Vega” (Khanty-Mansiysk, Svetlaya St., 65, 356331)

In case of personal appeal to the guardianship and trusteeship authority, when submitting an application, a citizen must present a passport or other document proving his identity.

The documents provided for in subparagraphs “b” - “d” and “h” of paragraph 4 of these Rules are accepted by the guardianship and trusteeship authority within a year from the date of their issue, the document provided for in subparagraph “e” - within 3 months from the date of its issue .

A child in need of guardianship or trusteeship may have one or, in exceptional cases, several guardians. If several guardians are appointed, these citizens, in particular spouses, submit an application jointly.

In order to appoint a citizen who has expressed a desire to become a guardian as a guardian of a child, or to register him, the guardianship and trusteeship authority, within 7 days from the date of submission of documents, carries out an examination of his living conditions, during which the absence of those established by the Civil Code of the Russian Federation and the Family Code of the Russian Federation is determined. circumstances preventing his appointment as a guardian.

When examining the living conditions of a citizen who has expressed a desire to become a guardian, the guardianship and trusteeship authority evaluates the living conditions, personal qualities and motives of the applicant, his ability to raise a child, and the relationships that have developed between members of the applicant’s family.

The absence of original documents in the guardianship and trusteeship authority at the time of making a decision on the appointment of a guardian (on the citizen’s ability to be a guardian) is grounds for refusal to appoint a guardian (to issue an opinion on the citizen’s ability to be a guardian).

The guardianship and trusteeship body, within 15 days from the date of submission, on the basis of the specified documents and the inspection report, makes a decision on the appointment of a guardian (on the possibility of a citizen to be a guardian, which is the basis for registering him as a citizen who has expressed a desire to become a guardian) or a decision on refusal to appoint a guardian (about the impossibility of a citizen to be a guardian) indicating the reasons for the refusal.

Based on the application for the implementation of guardianship on a paid basis, the guardianship and trusteeship authority makes a decision to appoint a guardian who performs his duties for a fee, and concludes an agreement on the implementation of guardianship in accordance with the procedure.

Child's status and age

As a rule, children left without parental care aged 0 to 18 years can be placed under guardianship and trusteeship.

Requirements for guardians

Only adults and capable citizens can be appointed as guardians and trustees. Citizens deprived of parental rights cannot be appointed guardians and trustees.

A guardian or trustee can be appointed only with his consent. In this case, his moral and other personal qualities, ability to fulfill the duties of a guardian or trustee, the relationship existing between him and the person in need of guardianship or trusteeship, and, if possible, the desire of the ward must be taken into account.

Persons with chronic alcoholism or drug addiction, persons suspended from performing the duties of guardians or trustees, persons with limited parental rights, former adoptive parents if the adoption was canceled due to their fault, as well as persons who, for health reasons, cannot carry out responsibilities for raising a child (Article 146 of the Family Code of the Russian Federation, Article 35 of the Civil Code of the Russian Federation).

Very often, relatives of a child left without parental care become guardians.

Rights and responsibilities of guardians

A guardian accepts a child into the family as a foster child, taking on responsibilities for his maintenance, upbringing and education. In this case, the child retains his last name, first name, and patronymic. A guardian has almost all the rights of a parent in matters of upbringing, education, maintenance and responsibility for the child. The guardian (trustee) has the right (Article 150 of the Family Code of the Russian Federation, Article 37, Article 39 of the Civil Code of the Russian Federation):

• independently determine methods of education, choose educational

institution and forms of education for the ward;

• demand in court the return of a child under guardianship (trusteeship) from any persons holding the child without legal grounds,

including from close relatives of the child;

• without the prior consent of the guardianship and trusteeship authorities, make expenses for the daily needs and needs of the ward at the expense of the amounts due to him as income;

• if there are good reasons (illness, change in property

position, lack of relationship with the ward, etc.) ask for his release from the duties of a guardian (trustee).

The guardian (trustee), as well as their spouses and close relatives, do not have the right to enter into transactions with the ward, as well as represent the ward when concluding transactions or conducting legal cases between the ward and the spouse of the guardian or trustee and their close relatives.

In cases of improper performance by a guardian or trustee of his duties, including when he uses guardianship or trusteeship for personal gain or leaves the ward without supervision and necessary assistance, the guardianship and trusteeship authority may remove the guardian or trustee from the performance of these duties and take the necessary measures to bring the guilty citizen to responsibility established by law (Article 39 of the Civil Code of the Russian Federation

Guardians (trustees) are obliged (Articles 36, 37 of the Civil Code of the Russian Federation, Article 150 of the Family Code of the Russian Federation):

• perform their duties free of charge;

• live together with your ward, notify the guardianship and trusteeship authorities of a change in place of residence;

• take care of the maintenance and upbringing of your ward, providing

his care and treatment, protect his rights and interests;

• ensure that the ward receives basic general education;

• do not cause harm to mental and physical health and moral

development of the ward;

• do not allow disdainful, cruel, rude, degrading treatment of the ward, his insult and exploitation;

• do not interfere with the communication of the ward with his parents and other close relatives, except in cases where such communication does not meet the interests of the child;

• spend the income of the ward exclusively in his interests;

The guardian (trustee) is obliged to obtain permission from the guardianship and trusteeship authorities in the following cases:

• when spending the ward's funds;

• when making any transactions for the alienation of the ward’s property (exchange, donation, rental, free use, collateral, division of property, allocation of shares from it or any other reduction of property).

To assign and pay money for the maintenance of the child, the guardian (trustee) submits to the department of guardianship and trusteeship at the child’s place of residence an application with documents attached, the list of which is determined by the Law of the Khanty-Mansiysk Autonomous Okrug-Yugra dated 06/09/2009 No. 86-oz “On additional guarantees” and additional measures of social support for orphans and children left without parental care, persons from among orphans and children left without parental care, adoptive parents, foster parents, foster carers and teachers of family-type orphanages in Khanty-Mansi Autonomous Okrug-Yugra.”

Guardians (trustees) receive a monthly payment of funds for the maintenance of one child in the following amounts:

• up to 6 years - 1.73 subsistence minimum established for children in the joint-stock company

• from 6 to 14 years old - 2.31 subsistence minimum established for children in the joint-stock company

• from 14 to 16 years old - 2.89 subsistence minimum established for children in the joint-stock company

• from 16 to 18 years old - 2.5 subsistence minimum established for the working population in the joint-stock company

Every year, before the first of February of the following year, guardians and the Department of Guardianship and Trusteeship are provided with a report on the use of funds, in accordance with current legislation.

Property rights of wards (Chapter 4 Article 17 of the Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”

• Wards do not have the right of ownership to the property of guardians (trustees), and guardians (trustees) do not have the right of ownership to the property of wards, including the amount of alimony, pensions, benefits and other social payments;

• Property may belong to guardians (trustees) on the right of common ownership on the grounds provided for by the Civil Code;

• Wards have the right to use the property of their guardians (trustees) with their consent;

• Guardians (trustees) do not have the right to use the property of their wards in their own interests, except for the cases provided for in Article 16 of this Federal Law.

Specialists of the guardianship and trusteeship department are obliged to regularly monitor the conditions of detention, upbringing and education of the child, to facilitate the organization of his education, recreation and treatment and other social guarantees determined by law for this category of children. One of which is the child’s right to receive housing after reaching his 18th birthday in the event of his absence.

Further placement of the child

When a child reaches the age of 14, guardianship is automatically transformed into trusteeship, which, in turn, terminates upon reaching adulthood or upon marriage before the age of 18. When a candidate appears who wishes to adopt him, the child may be left in this family, but as an adopted child or by a court decision may be transferred to another family, also as an adopted child.

Grounds for establishing guardianship and trusteeship

Children left without parental care are considered to be those children whose parents have died or have incapacitated status, as well as those whose parents have been deprived or their rights limited. Such children need social protection, which is provided by the state through the guardianship and trusteeship authorities.

The only reason why guardianship or guardianship is established in relation to children is the loss of parental care in their respect. The establishment of such a legal status of a child is carried out with the aim of raising this category of children, as well as protecting the rights and interests with which they are endowed. This provision is legally enshrined in Art. 45 IC and 31 Civil Code of the Russian Federation.

Guardianship is established for a minor child who has not reached the age of 14. A guardian is appointed for children aged 14–18 years.

Both concepts do not have significant differences in the context of educational and educational directions. The difference in concepts is important in the implementation of children's property rights. Here, great importance is attached to the age criterion of the child.

From the point of view of civil law, guardianship and trusteeship are a way to replenish legal capacity. Young children, whose age ranges from 6 to 14 years, have the right to independently carry out a limited range of transactions, including: small household transactions; actions the result of which is aimed at achieving gratuitous benefits; transactions that do not require notary and registration procedures; transactions related to the free disposal of funds provided by legal representatives.

Other types of transactions are made in the interests of a minor by a guardian or a person acting as his legal representative. The participation of a guardian allows a young child to be a participant in any civil legal relations.

Minor children whose age ranges from 14 to 18 years have the greatest range of rights. They are practically full participants in civil law relations.

Such children have the right to independently carry out transactions that are provided for persons aged 6 to 14 years. Also, the law allows them to: manage their own earnings, scholarships and other income; bear copyright, inventor's rights, as well as other rights related to intellectual activity; invest funds in credit institutions, as well as manage them.

Other types of transactions can be made only with the written consent of the trustee or legal representative, which is a manifestation of the protection of the rights of a minor in civil law.

The procedure for establishing guardianship and trusteeship, as well as their termination, is regulated by civil law. The Civil Code vests the guardianship and trusteeship authorities with a full range of rights and functional responsibilities to establish this form of placement for children left without parental care.

Article 123 of the RF IC. Placement for children left without parental care (current version)

1. Paragraph 1 of the commented article establishes a list of forms of placement for children left without parental care. At the federal level, this list is exhaustive, however, at the level of the constituent entities of the Federation, a form such as a foster family can be used.

Foster care is a new, modern form of family placement for children. With this form, legal representation is not transferred in full to the family that took the child into care, and the rights and responsibilities for protecting the rights of the child are divided between the foster carer and the guardianship and trusteeship authority. This is an analogue of the form of placing children in foster families, widely used abroad, thanks to which children all over the world have the opportunity to be raised in a family rather than in an orphanage. Foster family is an alternative form of placement used in cases where, due to objective reasons, it is impossible to use such priority forms of placement of children as adoption or guardianship. A child is transferred to a foster family on the basis of a civil contract; in some countries, an employment contract is additionally concluded between the foster teacher and the child placement service. Foster care has not yet been included in federal legislation and is regulated by the laws of a number of regions.

When choosing a form to protect the interests of a particular child, it is necessary to take into account a number of circumstances, such as the reason for the loss of parental care, the state of the child’s physical and spiritual development, the presence of a person who wants to take the child into the family for upbringing.

Until children left without parental care are placed in a family or institution, the duties of a guardian (trustee) of children are temporarily assigned to the guardianship and trusteeship authorities.

Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support for orphans and children without parental care” defines the general principles, content and measures of social support for orphans and children without parental care, as well as persons from among them under the age of 23 years. According to Art. 4 of this Law, federal executive authorities and executive authorities of constituent entities of the Russian Federation develop and implement targeted programs for the protection and protection of the rights of orphans and children left without parental care, ensure the creation of state institutions and centers for them. Thus, by Decree of the Government of the Russian Federation of March 21, 2007 N 172, the federal target program “Children of Russia” for 2007 - 2010 was approved.

In addition, paragraph 4 of Article 1 of the Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support of orphans and children left without parental care” defines persons from among orphans and children left without care parents, as persons aged 18 to 23 years, who, when they were under 18 years of age, both or only one parent died, and also who were left without the care of one or both parents.

With this provision, the legislator, as an exception to the general rule on the need for state support for children, that is, persons under 18 years of age (see commentary to paragraph 1 of Article 54 of the RF IC), who have lost or are limited in the ability to receive maintenance from their parents and those in need of social protection for this reason, extended the effect of the said Law to persons who have reached the age of 18, and granted them the right to use appropriate social support measures until they reach the age of 23.

2. Until a form of placement for children left without parental care has been chosen, the duties of a guardian (trustee) are assigned to these bodies. At the same time, they have the right to place the child (temporarily) in a social shelter for children and adolescents, a children's assistance center, and other specialized institutions for children in need of social rehabilitation.

In cases where the established procedure is not followed, liability arises. In particular, liability in the form of an administrative fine imposed on citizens is established by Art. 5.37 of the Code of Administrative Offenses of the Russian Federation for illegal actions of adopting a child, placing him under guardianship (trusteeship) or to a foster family. According to this article, illegal actions to adopt a child, transfer him to guardianship (trusteeship) or to a foster family -

entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; for officials - from four thousand to five thousand rubles.

Comment source:

“ARTICLE-BY-ARTICLE COMMENTARY TO THE FAMILY CODE OF THE RUSSIAN FEDERATION” UPDATED

S.P. Grishaev, 2017

The procedure for placing children without parental care

The procedure required for placing a child without parental care can be determined based on the form in which he is transferred to a new family for upbringing.

In case of adoption, which implies the acceptance of children into a family on the basis of blood, it will be necessary to go through a judicial procedure, the result of which will be a court decision on adoption. The date on which the court decision comes into force is the day on which the child has new parents, and the parents have the range of rights and responsibilities in relation to the minor. Adoption has no time limit, which indicates the continued existence of mutual rights and obligations defined by the legislator among parents and their children.

The establishment of guardianship or trusteeship, which is the adoption of a child into a family, is carried out on the basis of an order from the guardianship and trusteeship authority. The main purpose of this form of child placement relates to the protection of the rights and interests of the child, without creating parental legal relations. This type of device is urgent. Guardianship ends on the child's 14th birthday, and guardianship ends on the date of majority.

The placement of children without parental care in the form of transfer to foster families has a contractual basis. The rights arising for adoptive parents are not limited only to the powers of a guardian or trustee.

Such persons are the legal representatives of the minor. The transfer of a child occurs on the basis of an agreement signed between the adoptive parents or an individual citizen and the guardianship authorities. The validity period of such an agreement is established by agreement of both parties.

Forms of family structure

Adoption (hereinafter referred to as adoption) is a priority form of placement for children left without parental care. Adoption is allowed in relation to minor children and only in their interests in compliance with the requirements of paragraph three of paragraph 1 of Article 123 of the Family Code of the Russian Federation, as well as taking into account the opportunities to provide children with full physical, mental, spiritual and moral development. The adoption of brothers and sisters by different persons is not permitted, except in cases where the adoption is in the best interests of the children.

Guardianship (up to 14 years) and trusteeship (from 14 to 18 years) are established over children left without parental care. The guardian becomes the legal representative of the child and receives a monthly allowance for his maintenance, controls the preservation and use of his property. The child retains his last name, first name, patronymic, the right to receive housing, and social benefits. Guardianship authorities control the conditions of detention, upbringing and education of the child. This form is suitable for families where grandparents or other relatives are responsible for raising children.

A foster family involves placing children on the basis of an agreement on the transfer of a child to be raised in a family between the guardianship authority and the foster parents. Adoptive parents can be spouses, as well as individual citizens who wish to adopt a child or children. Persons who are not married to each other cannot be adoptive parents of the same child. The adoptive parent is paid a salary and their work experience is counted. Parents receive child support and family benefits. A child placed in a foster family retains the right to the alimony, pension, benefits and other social payments due to him, as well as the right of ownership of residential premises or the right to use residential premises; in the absence of residential premises, has the right to be provided with residential premises in accordance with current legislation. The placement of children in a foster family does not entail the emergence of alimony and inheritance legal relations between the adoptive parents and adopted children arising from the legislation of the Russian Federation. Guardianship authorities regularly monitor the conditions of detention, upbringing and education of the child, as well as the expenditure of funds.

Foster family - guardianship or trusteeship of a child or children, which is carried out under a foster family agreement on the basis of delimitation of rights and responsibilities for protecting the rights of the child between the placement service (an authorized institution of the guardianship body) and the foster carer (not all rights are transferred to the family, for part questions are answered by the guardianship authority service). The parent becomes a “freelance” employee of an orphanage or other care institution; an employment contract is concluded with him, a salary is paid, his length of service is counted, and vacation is provided. At any time, a parent can seek advice from a team of professionals: doctors, psychologists, teachers, social workers. Like graduates of an orphanage, pupils of foster families have the right to housing, benefits for medical care and additional rights when receiving higher education. Patronage is used in cases where a child cannot be officially recognized as an orphan. Often this form becomes transitional to guardianship or adoption.

Temporary placement of children in families is not a form of placement of a child in a family and is carried out in the interests of children in order to ensure their upbringing and harmonious development. The child spends only part of his time with the family - weekends, holidays or holidays. The period of temporary stay of a child in a family cannot exceed 1 month. This form is intended for the upbringing and harmonious development of children and is often used as a transitional form by future guardians or adoptive parents.

Transfer to a family for upbringing (adoption)

The most lengthy and procedurally complex form of placing a child is adoption. Children who are orphans are transferred to the family through the adoption procedure, as a natural child. Such a transfer gives the adoptive parent the full range of rights and responsibilities of a parent, and the child has the rights and responsibilities that are inherent in their own children.

Adoption takes place in court. In some cases, the child's opinion about his adoption may be taken into account by the court. A court decision on adoption gives new parents the opportunity to change the child’s personal data: his first name, patronymic, last name.

In most cases, the adoption procedure is preceded by guardianship or guardianship of the child.

After the adopted child is placed in the care of adoptive parents, the guardianship and trusteeship authority controls the life of the child in the new family, subject to mandatory observance of the secrecy of adoption.

Such checks are carried out after 6 months, from the date of transfer of the child, after a year and over the next two years, once a year. If necessary, such examinations can be continued.

Transfer to an organization for orphans

Forms of placement of children left without parental care include their placement in organizations provided for orphans. Such organizations can be educational, medical, social and non-profit organizations, the form of activity of which corresponds to the purpose of placing and educating orphans and children without parental care.

Control over the living conditions of minor children, as well as the procedure for placing them in such institutions, is entrusted to the guardianship and trusteeship authorities.

Transferring a child to an organization designed for raising orphans does not require the establishment of guardianship or trusteeship in relation to the child. It is characterized by the criterion of urgency, which indicates the end of the child’s stay in the institution from the moment of adulthood.

Author of the article

In addition to the forms of placement discussed above for children left without parental care, Art. 123 of the RF IC also provides for the possibility of children staying in institutions for orphans or children left without parental care of all types, as well as placement of the child in any form determined by the law of the subject of the Russian Federation. Placing a child in an institution for orphans or children left without parental care, being a “non-individual” and temporary form of placement for a child, is undesirable for him. Staying in a children's institution does not even create a surrogate family (as is the case when a child is transferred to adoptive parents). The institution in which a child left without parental care resides performs the functions of his guardian (trustee) (Article 35 of the Civil Code; Article 147 of the Family Code). The child has the full range of rights of children under guardianship and trusteeship (Article 149 of the Family Code). Thus, the legal difference between a child’s stay in an institution and guardianship (trusteeship) consists of only one thing: the institution is a legal entity, and the guardian (trustee) is an individual. The laws of many constituent entities of the Russian Federation provide for “alternative” federal forms of placement for children left without parental care: foster care (Moscow, Orenburg regions), family orphanage (Belgorod region), etc. All “regional” forms of placement for children are united by one common feature: in accordance with these forms, the child is temporarily transferred to a family that receives a reward for fulfilling the responsibilities of raising him. There are several types of foster care for children, which differ depending on the amount of remuneration or which body or institution is involved in placing children in foster care. However, in all cases, the forms of placement of children provided for by the laws of the constituent entities of the Russian Federation are individual and temporary. It is currently impossible to classify these forms as types of guardianship (trusteeship) due to their legal nature. The fact is that relations of guardianship (trusteeship) as a type of legal representation are included in the circle of relations regulated by civil legislation, which means they can only be regulated by federal legislation (Article 71 of the Constitution of the Russian Federation; Article 3 of the Civil Code). At the same time, the spread of these forms in practice indicates their demand and requires streamlining the relationships that arise in this case. Such streamlining is possible if, in accordance with federal law, contractual types of guardianship and trusteeship include not only a foster family, but also other legal structures, including those whose specific legal regulation is determined by the laws of the constituent entities of the Russian Federation.