The theme of the foster family is not so close for the majority of citizens in everyday life, ordinary life, like many other subjects and whole sections of family law faced every day. In many situations, accumulated a large litigation practice, known interesting legal precedents, as for example by processes of divorce or division of joint property of spouses.
It seems to me that the Institute for the education of children in a foster family is fairly new to the Russian legislation, as well as the institution of marriage contracts. However. the institution of the marriage contract brought the inevitable integration into the Russian legislation the fundamentals of the European regulation of marriage and family relations. A large number of judicial precedents on the division of property showed the need for separate norms of family law, regulating complicated property relations of the spouses. Nevertheless, the Russian citizens are in no hurry to conclude a marriage contract, as in this case, we see the introduction in the legislation of the Russian law, is not supported by the traditions and customs of the Russian people, and therefore it is not demanded by society. This is the norm of the future legal rights of the Russian state, the formation of which we have the honor to observe.
The reason I raised the subject of the marriage contract, although the theme of control of the host family, because the Institute of education of children in foster homes across enshrines in law for the first time actually existed various forms of adoption of children left without parents in the family. For example, alticast in the Caucasus and some other traditional form of adoption of children in foster care kindred family. The basis of the rulemaking process in this case formed customs and traditions, for example the peoples of the Caucasus, where there was virtually no besprizornyh children.
In Chapter 21 of the Family code of the Russian Federation, the legislation establishes in rules and regulations customary for our people, participation and compassion to orphans, left without relatives, or whose relatives do not have the opportunity to bring them up.
The instability of the economic and political situation in the Russian Federation are unable to influence the Russian Institute of the family. Currently according to the statistics the number of divorces in Russia significantly exceeds the number which consists of marriages, many families are below the poverty line. Of course, in this situation primarily affects children.
Powerless and deprived Russian children, increased child poverty and prostitution throw our country away back in the years of post-revolutionary chaos and hunger. Established Institute of nursing homes showed that their pupils are not receiving the necessary household knowledge, which ordinary children are taught in the family. Often nursing homes release Teens absolutely not prepared for life in society, to family life. Many of them eventually end up on the street and represent a fertile ground for the influence of criminogenic environment.
Perhaps some of the existing problems and aims to solve the foster family. In this test I would like to consider in the first issue main provisions of the legislation, the foster family in the Russian Federation, in the second question I would like to analyze the contract on the transfer of the child, which is the basis of the Institute for the education of children in foster care. In conclusion, it is interesting to consider the possible gaps in the legislation of the Russian Federation of a foster family.
1. General provisions
Legal regulation of the education of children in foster care is carried out in Chapter 21 of the Family code, which entered into force on 1 March 1996, as well as the Position of the “foster family”, approved by RF government decree of 17 July 1996 No. 829.
The foster family may be a family community consisting of family, based on marriage, the origin or adoption. This is one type of a foster family. Another type of family-based care, the third type – the actual parenting. Any family of these types can arrange a foster family on a contractual basis. The exception to the General rule will be the foster family, founded on the basis of the contract of the Department of custody and guardianship to unmarried and without children individual man or woman. In this case, the family consisting of a single foster parent and foster child, will have a very special virtue of its creation – the contract having mixed families. about – civil-legal nature.
The foster family consists of foster parent nd( married couples or single men or women) that contracts with the Department of custody and guardianship, and foster child (children). The difference of the foster family from family-type orphanages and adoption, custody and guardianship and actual education is in the specific living conditions of children in the family, does not give rise to rights and duties of parents and children. The foster family is created for a certain legal limit and in fact closest to the relations that are developing in the guardianship.
Citizens wishing to adopt a child (children) on education, conclude the contract on transfer of a child with guardianship and guardianship.
The contract is for a fixed term, and the children sent to the family, should be minor. (CH. 1 To T. 151 RF IC)
The foster family has four sections:
The foster family
The transfer of the child (Ren) in a foster family
Material support of the foster family.
As an Annex to the Regulation are given the approximate form of the Contract on the transfer of the child (Ren) in a foster family and the Certificates given to foster parents.
Thus the Position establishes, expands and reveals the way the execution of legal rights PT .t 151 – 155 of the RF IC.
Thus, the Position (p. 2) limited total number of children in foster care, including relatives and adopted as rule 8 (eight) persons.
The regulation calls for the next foster family:
Persons wishing to take the child (Ren) in a foster family, served in the Agency of guardianship and curatorship at the place of their residence, a request to give an opinion on the possibility of being foster parents. Clause 7 of the Regulations leads the list of documents submitted by applicants at the time of submission of the application, including, for example, the Declaration on incomes of the applicant.
To prepare the opinion of the tutorship and guardianship authorities surveyed the living conditions of the applicants, the results of which shall be drawn.
On the basis of the statement and report within 20 days with regard to all the circumstances of the Agency of guardianship and curatorship shall issue a conclusion about the possibility to take care of a child ( valid for one year from the date of issue).
In the case of a positive decision it is the basis for the selection of the child for the purpose of transferring it to a foster family.
p. p. 12,13 Position determines the order of selection of the child, a list of the document provided to the child in the guardianship and guardianship for review of applicants.
In the end, after the selection of children, a person who wishes to take the child (children) on education, makes application to the Agency of guardianship and curatorship at the place of residence (location) of the child requesting a transfer to them the education of a specific child.
The aforementioned statement with the attached opinion on the possibility to be adoptive parents is the basis for the contract on the transfer of the child (Ren) in foster care between the Agency of guardianship and curatorship at the place of residence (location) of the child and the adoptive parents.
The regulation envisages that the contract is concluded for a definite period, conditions of the maintenance, upbringing and education of the child (children) rights and responsibilities of foster parents, responsibilities to the foster family of body of guardianship and guardianship, as well as grounds and consequences of termination of such contract.
2. The contract on transfer of the child (Ren) in a foster family
Regardless specified in the contract Provision defines the following responsibilities and rights of foster parents:
( p. 16) Foster parents have the responsibility to raise a child ( children) to take care of their health, moral and physical development, to create the necessary conditions for their education, to prepare him for independent living. Foster parents have a foster child ( children) have a responsibility to society.
( p. 17.Provisions) of the Adoptive parent and( parent) are the legitimate representatives of the adopted child (children) to protect their rights and interests, including in court without special authorization.
Rights of adoptive parents may not be exercised in conflict with the interests of the child.