State body of guardianship and trusteeship. Powers, functions and responsibilities of guardianship and trusteeship bodies

In the case of guardianship, we are talking about children under 14 years of age, and in the case of guardianship, we are talking about teenagers from the age of 14 to adulthood. The scope of activities of these bodies also includes caring for the interests of adults, but completely incompetent (or limited (partially) capable) persons.

Functions of guardianship and trusteeship bodies

As a subdivision of the district municipality, the guardianship authorities are assigned a number of functions:

accounting of existing orphans, as well as those children who were left completely without parental care, their detection;
creating a database that lists future guardians, trustees and/or adoptive parents;
placement of orphans in special institutions (orphanages, boarding schools, etc.) and in foster families;
protection of the rights of minors;
resolving conflict situations between the child’s parents;
control over the property of their wards and some others.

The functions of guardianship and trusteeship bodies are aimed, first of all, to take care of the preservation of life and health of persons falling under their jurisdiction; equally important is the protection of legal rights and civil liberties, as well as these persons, and their protection from possible attackers. The sphere of influence of trusteeship bodies is limited by measures regulated for the performance of their functions; in addition, such bodies are territorially attached to a specific subject of the Russian Federation.

Based on the functions they perform, the guardianship and trusteeship authorities have all the necessary powers, whose circle is wide enough to solve almost all the problems of the affected spectrum.

Powers of guardianship and trusteeship authorities

As a branch of the executive branch, the guardianship authorities interact in their work with other authorities. For example, they can apply to recognize a Russian citizen as incompetent (or partially capable).

If the circumstances limiting the legal capacity of the specified person have lost relevance, it is the guardianship authorities apply to court on the need to recognize a person as fully or partially capable. Also, guardianship authorities enter into agreements for the right of trust management of property and property of wards, and issue permission to carry out transactions with property.

Guardianship authorities have legal right to representation minors or persons with limited legal capacity in cases where the actions of guardians contradict either the letter of the law or the very interests of the protected persons. The main responsibility of the guardianship and trusteeship authorities is to protect the ward both in the physical, social and property sense with all objectivity and fairness.

In addition, the scope of authority of these bodies also includes control over the activities of trustees, checking the actual living conditions of the wards, the safety of their health, life and property interests. Thus, all guardianship authorities have the right to conduct inspections and checks, not only in the case of working with private guardians, but also in cases with organizations within whose walls the wards were placed. That is, checking the actual living conditions in orphanages, mental hospitals, nursing homes and other similar institutions.

The breadth of powers of the guardianship and trusteeship authorities is due to the fact that they establish guardianship and trusteeship over a minor or incompetent person. At the same time, guardianship authorities have the right to deprive any person, even natural parents, of guardianship rights if the life of the ward and his health are in danger. And it is they who determine the ability of individuals to become adoptive parents.

The duties of the guardianship and trusteeship authorities also include transfer of information about the ward when he changes his place of residence to the relevant authorities of a given territorial subject of Russia.

Breadth of power of guardianship authorities strictly regulated the relevant legal norms of the Civil Code, within the framework of which these government institutions carry out their activities. Acts issued by guardianship authorities can be challenged in court.

Active

(as amended on May 7, 2014)

On the organization of guardianship, trusteeship and patronage in the city of Moscow

CITIES OF MOSCOW

On the organization of guardianship, trusteeship and patronage in the city of Moscow

Document with changes made:
(Bulletin of the Mayor and Government of Moscow, N 70, 12/17/2012);
(Official website of the Moscow City Duma www.duma.mos.ru, 05/19/2014).
____________________________________________________________________

This Law regulates public relations in the field of organization and activities of guardianship, trusteeship and patronage in the city of Moscow.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses concepts used in federal legislation, as well as the following basic concepts:

1) authorized bodies in the field of organization and activities of guardianship, trusteeship and patronage in the city of Moscow (hereinafter referred to as the authorized bodies in the field of guardianship, trusteeship and patronage) - executive authorities of the city of Moscow authorized by the Moscow Government, performing within their competence in accordance with regulatory legal acts of the Moscow Government powers in the field of guardianship, trusteeship and patronage, local government bodies of intracity municipalities in the city of Moscow (hereinafter referred to as local government bodies), exercising certain powers in the field of guardianship, trusteeship and patronage in accordance with federal legislation, laws of the city of Moscow, and other legal acts of the city of Moscow;
(Clause as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2) authorized organizations - educational organizations, medical organizations, organizations providing social services, or other organizations (including organizations for orphans and children without parental care), which, in accordance with federal legislation, can exercise certain powers in the field of guardianship, trusteeship and patronage or can provide assistance to children in need of state assistance, their legal representatives, orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years, families who have adopted the child (children) for upbringing;

3) foster care is a form of family placement for orphans and children left without parental care for the period established by the foster care agreement;

4) patronage - a form of assistance to an adult capable citizen who, for health reasons, is not able to independently exercise and protect his rights and fulfill his duties;

5) post-boarding care - a set of measures aimed at social adaptation of graduates of organizations for orphans and children without parental care, persons from among orphans and children without parental care, aged 18 to 23 years;

6) plan for the protection of the rights of the child - a list of measures to ensure the rights and legitimate interests of an orphan and a child left without parental care, a child in need of state assistance;

7) children in need of state assistance - children who have not yet lost parental care, who are in an environment that, through the actions or inaction of parents (other legal representatives), poses a threat to their life or health or interferes with their normal upbringing and development;

8) social patronage - a set of measures aimed at promoting the normal upbringing and development of the child (children), maintaining parental care for him (them);

9) support for families who have adopted a child (children) for upbringing - professional advisory, legal, psychological, pedagogical, medical, social assistance to citizens who have adopted a child (children) for upbringing into a family.

Article 2. Legal basis for the organization and activities of authorized bodies in the field of guardianship, trusteeship and patronage

Authorized bodies in the field of guardianship, trusteeship and patronage are guided in their organization and activities Constitution of the Russian Federation, federal laws, other regulatory legal acts Russian Federation, Moscow City Charter, this Law and other legal acts of the city of Moscow.

Article 3. Main tasks of authorized bodies in the field of guardianship, trusteeship and patronage

The main tasks of authorized bodies in the field of guardianship, trusteeship and patronage are:

1) implementation on the territory of the city of Moscow of state policy to protect the rights and legitimate interests of minors, including orphans and children without parental care, persons from among orphans and children without parental care, aged 18 to 23 years old, as well as adult persons recognized by the court as incompetent or partially capable, and persons over whom patronage has been established in the territory of the city of Moscow;

2) ensuring the protection of property and personal non-property rights and legitimate interests of citizens who need to establish guardianship or trusteeship over them, who are under guardianship or trusteeship (including those transferred to foster care in foster family, for foster care);

3) ensuring the priority of family forms of education for orphans and children left without parental care;

4) ensuring supervision over the activities of guardians (trustees), foster parents, foster care and post-boarding educators, as well as organizations for orphans and children left without parental care, and organizations in which incompetent or partially incompetent citizens are placed;

5) ensuring the safety of the property of citizens specified in paragraph 2 of this article and managing this property;

6) ensuring control, within the powers granted by law, over the maintenance, upbringing, education of orphans and children without parental care, persons from among orphans and children without parental care, aged 18 to 23 years;

7) ensuring control, within the powers granted by law, over the maintenance of persons recognized by a court decision as incompetent or partially capable, and persons over whom patronage has been established.

Article 4. Powers of authorized bodies in the field of guardianship, trusteeship and patronage

1. The powers of the executive authorities of the city of Moscow authorized by the Moscow Government in the field of guardianship, trusteeship and patronage are established by regulatory legal acts of the Moscow Government.
Law of the city of Moscow dated May 7, 2014 N 27.

2. Part has become invalid since May 30, 2014 - Law of the city of Moscow dated May 7, 2014 N 27..

3. Powers to identify persons who need to establish guardianship (trusteeship) over them, as well as to select and prepare citizens who have expressed a desire to become guardians (trustees) or to accept orphans and children left without parental care into a family for upbringing in other forms established by law, may be carried out by organizations specified in part 4 Article 6 of the Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”, in cases and in the manner established by the Government of the Russian Federation.

4. In cases and in the manner established by federal legislation and the legislation of the city of Moscow, certain powers of the city of Moscow in the field of guardianship, trusteeship and patronage may be transferred to local government bodies.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 5. Acts of authorized bodies in the field of guardianship, trusteeship and patronage in relation to persons under guardianship (trusteeship) and patronage

Authorized bodies in the field of guardianship, trusteeship and patronage issue acts on the issues specified in Article 4 of this Law, and within the powers granted to them by federal legislation, laws of the city of Moscow, and other legal acts of the city of Moscow.

Article 6. Coordination and methodological support of activities related to guardianship, trusteeship and patronage

1. Part lost force on December 28, 2012 - Moscow City Law of November 28, 2012 N 60..

2. Coordination and methodological support of activities for guardianship and trusteeship in relation to minors, orphans and children left without parental care and persons from among them aged 18 to 23 years, as well as patronage for adult capable persons who due to health conditions, they cannot independently exercise their rights and their responsibilities, is carried out by the executive authority of the city of Moscow authorized by the Moscow Government.
Law of the city of Moscow dated November 28, 2012 N 60 Law of the city of Moscow dated May 7, 2014 N 27.

3. Coordination and methodological support for guardianship and trusteeship activities in relation to adults recognized by the court as incompetent due to a mental disorder, as well as limited legal capacity by the court due to alcohol or drug abuse, is carried out by the executive authority of the city of Moscow authorized by the Moscow Government.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

4. Coordination and methodological support for the activities of organizations for orphans and children left without parental care are carried out by executive authorities of the city of Moscow authorized by the Moscow Government, under whose departmental subordination these organizations are located.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

5. Coordination and methodological support for the activities of organizations specified in Part 3 of Article 4 and Article 9 of this Law is carried out by the executive authority of the city of Moscow authorized by the Moscow Government.
(Part as amended, entered into force on December 28, 2012 Law of the city of Moscow dated November 28, 2012 N 60; as amended, effective May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 7. Commissions for the protection of the rights and legitimate interests of wards

1. Under the authorized bodies in the field of guardianship, trusteeship and patronage, commissions are formed in the manner established by the Moscow Government to protect the rights and legitimate interests of wards. The procedure for forming these commissions is determined by the regulations on the commission for the protection of the rights and legitimate interests of wards.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. The commission for the protection of the rights and legitimate interests of wards carries out:

1) preparation of a draft plan for the protection of the rights of the child;

2) consideration of the results of scheduled and unscheduled inspections of the living conditions, education and development of orphans and children without parental care, children in need of state assistance;

3) consideration of the results of inspections of the living conditions of citizens recognized by the court as incompetent or partially capable;

4) consideration of other issues in the field of guardianship and trusteeship and protection of the rights and legitimate interests of minors.

3. Decisions made by the commission to protect the rights and legitimate interests of wards are advisory in nature.

4. The regulations on the commission for the protection of the rights and legitimate interests of wards are approved by the Moscow Government.

Article 8. Plan for the protection of children's rights

1. The plan for the protection of the rights of the child is approved in the manner established by the Moscow Government, within 30 days from the moment of identification of a child left without parental care, a child in need of state assistance.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. The plan for the protection of the rights of the child determines the forms, terms and place of placement of the child (adoption), under guardianship (trusteeship), in a foster family, in foster care, and in the absence of such an opportunity in an organization for orphans and children, left without parental care, all types).
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

3. The plan for the protection of the rights of the child determines the forms of protection of the rights of the child, the organization of legal, medical, socio-psychological assistance, education, leisure, activities aimed at returning the child to the birth family, other activities provided for by federal legislation and legal acts of the city of Moscow, and also the deadlines for their implementation.

4. The plan for the protection of the rights of the child is drawn up taking into account the opinion of the child who has reached the age of 10 years.

5. The plan for protecting the rights of the child is reviewed in the manner established by the Moscow Government, at least once a year.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

6. The legal representative of the child and (or) the authorized organization accompanying the family that has adopted the child for upbringing has the right to initiate a review of the plan for protecting the rights of the child.

7. Monitoring the implementation of the plan to protect the rights of the child is carried out in the manner established by the Moscow Government.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

8. The regulations on the plan for the protection of children's rights are approved by the Moscow Government.

Article 9. Accompaniment of families who have adopted a child (children) for upbringing

1. Accompaniment of families who have adopted a child (children) for upbringing is carried out in the manner established by the Moscow Government, on the basis of an agreement on family support.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. An agreement on family support is concluded in the manner established by the Moscow Government between the authorized body in the field of guardianship, trusteeship and patronage, the authorized organization and legal representatives.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

3. Support for families who have adopted a child (children) involves the provision by authorized organizations of professional advisory, legal, psychological, pedagogical, medical, social assistance provided for by federal legislation and legal acts of the city of Moscow.

4. The list of authorized organizations is formed in the manner established by the Moscow Government, on the basis of applications submitted by the relevant authorized organizations wishing to provide support to families who have adopted a child (children) for upbringing. The procedure for selecting authorized organizations is determined in the regulations on accompanying the family that has adopted the child (children) for upbringing.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

5. A family that has adopted a child (children) has the right to independently choose authorized organizations that will provide it with support. The authorized body in the field of guardianship, trusteeship and patronage, located at the place of residence of the family that has adopted the child (children) for upbringing, in the manner established by the Moscow Government, is obliged to provide it with information about authorized organizations.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

6. Accompanying families who have adopted a child (children) for upbringing is provided free of charge.

7. The regulation on accompanying a family that has adopted a child (children) for upbringing is approved by the Moscow Government.

Chapter 2. Implementation of activities of authorized bodies in the field of guardianship, trusteeship and patronage

Article 10. Guardianship (trusteeship)

The establishment of guardianship (trusteeship) over minors and the implementation of supervision over the activities of guardians (trustees) are carried out in accordance with federal legislation.

Article 11. Adoptive family

1. Transfer of the child (children) to a foster family and control over the living conditions and upbringing of the child (children) in foster family are carried out in accordance with federal legislation.

2. The approximate form of the foster family agreement is approved by the Moscow Government.

3. The child (children) and the adoptive parent (adoptive parents) are provided with accompaniment for the period of validity of the foster family agreement.

4. The foster family agreement is concluded at the place of residence of the child (children) and the adoptive parent (adoptive parents).

5. The foster parent(s) keep (keep) written records of expenses cash allocated for the maintenance of the child, and submits a corresponding report to the authorized body in the field of guardianship, trusteeship and patronage at the place of residence within the period specified in the foster family agreement, in accordance with federal legislation.

Article 12. Foster care

1. A foster carer is a legal representative (an adult capable person), has all the rights and responsibilities of a guardian (trustee), including the right to dispose of the ward’s property on his behalf (with the consent of the authorized body in the field of guardianship, trusteeship and patronage), and acts on basis of the foster care agreement.

2. Foster care is established in cases where other forms of placement for orphans and children left without parental care (adoption, guardianship, guardianship, foster family) cannot be used.

3. The transfer of orphans and children without parental care who are brothers and sisters to different foster carers for foster care is not allowed, except in cases where such transfer is in the interests of the children.

4. A child who has reached the age of 10 years is transferred to foster care only with his consent. Termination of foster care is carried out taking into account the opinion of the child who has reached the age of 10 years.

5. Persons wishing to take an orphan or a child without parental care into foster care are subject to the requirements established by federal legislation for guardians (trustees).

6. Children transferred to foster care are subject to the standards of material support and social guarantees established by federal legislation and the legislation of the city of Moscow for orphans and children without parental care placed under guardianship (trusteeship).

7. Foster care is carried out on the basis of a foster care agreement concluded in accordance with Article 13 of this Law.

8. Control over the living conditions and upbringing of children transferred to foster care is carried out in the manner established by the Moscow Government.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

9. If relatives refuse to adopt, in the absence of relatives, as well as in the presence of other circumstances established by federal legislation that prevent the relatives from adopting a child transferred to foster care, the preferential right to adoption is granted to the foster care provider who has a child is being raised.

Article 13. Agreement on foster care

1. The basis for concluding an agreement on foster care is the conclusion of the authorized body in the field of guardianship, trusteeship and patronage, issued in the manner established by the Government of Moscow, on the possibility of providing foster care by a citizen who has expressed a desire to become a foster carer, a document on the completion of training of a citizen who has expressed a desire to become foster carer, an act of the authorized body in the field of guardianship, trusteeship and patronage, adopted at the place of residence of an orphan, a child left without parental care.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. The foster care agreement is concluded in the manner established by the Moscow Government between the authorized body in the field of guardianship, trusteeship and patronage, the foster care provider and the foster care organization at the place of residence of the orphan child, a child left without parental care, for a period of at least three months and no more than one year. In the interests of a child placed in foster care, the foster care agreement may be extended.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

3. The foster care agreement must provide for the conditions for the maintenance, upbringing and education of an orphan, a child left without parental care, measures to protect his rights and legitimate interests, the rights and obligations of the parties.

4. The regulations on the organization of foster care and the approximate form of the agreement on foster care are approved by the Moscow Government.

5. The authorized body in the field of guardianship, trusteeship and patronage at the place of residence of a child transferred to foster care, within three days in the manner established by the Moscow Government, is obliged to inform the regional operator of the state data bank on children left without parental care about the placement of this child to be raised in a family in order to stop recording information about him in the state data bank about children left without parental care, in accordance with federal legislation.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

6. The foster carer keeps records of the expenses of funds allocated for the maintenance of a child transferred to foster care. Information on spent funds is submitted in writing once every three months to the authorized body in the field of guardianship, trusteeship and patronage, unless otherwise established in the foster care agreement.

7. The child transferred to foster care and the foster carer are provided with accompaniment by authorized organizations.

Article 14. Identification and registration of orphans and children left without parental care

1. Identification of orphans and children left without parental care is carried out in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage in accordance with federal legislation.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. The primary registration of orphans and children left without parental care is carried out in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage at the place of their actual location.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

3. Registration of orphans and children left without parental care who are subject to transfer to family care is carried out in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage in the regional data bank on children left without parental care.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

4. Information constituting the registration data for orphans and children left without parental care is confidential and can be used in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests .
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 15. Registration of citizens who are under guardianship (trusteeship) and over whom patronage is established

1. Registration of citizens who are under guardianship (trusteeship) and over whom patronage is established is carried out in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage at the place of their residence.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. Information constituting the registration data of citizens specified in part 1 of this article is confidential and can be used in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 16. Registration of children in need of state assistance

1. Registration of children in need of state assistance is carried out in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage at their place of residence. The procedure for registering children in need of state assistance is determined in the regulations on the organization of social patronage.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

2. Information constituting the registration data for children specified in part 1 of this article is confidential and can be used in the manner established by the Moscow Government, the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 17. Post-boarding care

1. Post-boarding care is established over orphans and children left without parental care, after the end of their stay in organizations for orphans and children left without parental care, and persons from among orphans and children left without parental care, aged 18 to 23 years on the basis of a post-boarding foster care agreement concluded in accordance with this article.

2. A post-boarding school teacher may be an adult capable person. The post-boarding teacher provides support to graduates of organizations for orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years, on the basis of a post-boarding patronage agreement.

3. Post-boarding care is provided free of charge by an organization for orphans and children left without parental care and (or) by a post-boarding teacher.

4. The agreement on post-boarding patronage in relation to an orphan child, a child left without parental care, is concluded in the manner established by the Moscow Government, between the authorized body in the field of guardianship, trusteeship and patronage, an authorized organization for orphans and children left without care parents, a graduate of this organization and (or) a post-boarding teacher.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

5. An agreement on post-boarding care in relation to a person from among orphans and children left without parental care, aged 18 to 23 years, is concluded in the manner established by the Moscow Government, between the authorized body in the field of guardianship, trusteeship and patronage, the organization for orphans and children left without parental care, or an authorized organization and (or) a post-boarding educator and a specified person. A person from among orphans and children left without parental care, aged 18 to 23 years, can initiate the conclusion of an agreement on post-boarding patronage.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

6. Post-boarding care is carried out in the form of a visit by a post-boarding teacher to the person in respect of whom post-boarding patronage has been established, for the purpose of his upbringing and support.

7. As a rule, no more than three pupils can be assigned to a post-boarding teacher. This restriction does not apply in the case of establishing post-boarding patronage for children who are brothers and sisters.

8. Post-boarding care is not established for orphans and children left without parental care who are under guardianship (trusteeship) in a foster family.

9. The regulations on the organization of post-boarding care and the approximate form of the agreement on post-boarding care are approved by the Moscow Government.

10. Control over the implementation of post-boarding patronage is assigned in the manner established by the Moscow Government to the authorized body in the field of guardianship, trusteeship and patronage.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 18. Social patronage

1. Social patronage is established over children in need of state assistance.

2. Social patronage is carried out by an authorized organization free of charge.

3. An agreement on social patronage is concluded in the manner established by the Moscow Government between the authorized body in the field of guardianship, trusteeship and patronage, the authorized organization and the legal representative (legal representatives) of the child (children).
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

4. The regulations on the organization of social patronage and the approximate form of an agreement on social patronage are approved by the Moscow Government.

5. Control over the implementation of social patronage is assigned in the manner established by the Moscow Government to the authorized body in the field of guardianship, trusteeship and patronage.
(Part as amended, entered into force on May 30, 2014 Law of the city of Moscow dated May 7, 2014 N 27.

Article 19. Patronage of adult capable citizens

The establishment of patronage over an adult capable citizen who, for health reasons, is not able to independently exercise and protect his rights and perform his duties, and the implementation of control over the fulfillment of his duties by an assistant of an adult capable citizen are carried out in accordance with federal legislation.

Article 20. Types of state support for foster families and families who have accepted children for foster care

1. State support for foster families and families who have accepted children for foster care is provided in the manner established by the Moscow Government, in the form of:

1) monthly payment remuneration to the adoptive parent (adoptive parents), foster carer in accordance with Article 21 of this Law;

2) monthly payment of funds for the maintenance of children transferred to a foster family for foster care, in accordance with the legislation of the city of Moscow;

3) annual provision of children placed in a foster family for foster care with vacation vouchers purchased from the budget of the city of Moscow;

4) allocation once every two years of holiday vouchers for children placed in a foster family, for foster care, accompanied by a foster parent or foster carer.

2. The following benefits apply to a foster parent (adoptive parents), in whose family (who) three or more children are being raised (adopted for upbringing), and to a foster carer who is (who are) raising (adopted for upbringing) three children:

1) free travel on city passenger transport (except for taxis and minibuses);

2) reimbursement of expenses for paying for a telephone in the residential premises in which children transferred to a foster family actually live for foster care (with the exception of long-distance and international communication services);

3) reimbursement of expenses for payment for residential premises in which children transferred to a foster family, foster care, and utilities actually live.

Article 21. Amount of monthly remuneration paid to adoptive parents and foster carers

1. The monthly remuneration paid to a foster parent or foster carer for one child placed in a foster family or foster care is set at 15,155 rubles.

2. Remuneration to the adoptive parent(s), foster carer is subject to indexation in the manner and within the time frame established by the Moscow Government.

3. A monthly remuneration is paid to one foster parent for raising each child in the case of placing one child or two children in foster care. If three or more children are placed in foster care, a monthly remuneration is paid to each foster parent for raising each child in the amount specified in Part 1 of this article.

4. For raising a disabled child accepted into a foster family or foster care, the amount of monthly remuneration provided for in Part 1 of this article increases by 70 percent.

5. The right to a monthly remuneration for an adoptive parent (adoptive parents), foster care provider arises from the moment of concluding an agreement on a foster family or foster care, respectively.

6. The procedure for paying monthly remuneration to the adoptive parent (adoptive parents), foster carer is established by the Moscow Government.

Article 22. Supervision over the activities of guardians (trustees), adoptive parents, foster carers, control over the living conditions and upbringing of an adopted child

1. Supervision over the activities of guardians (trustees), adoptive parents, foster carers is carried out at the place of residence of the child placed in foster care in accordance with federal legislation, this Law and the legislation of the city of Moscow.

2. Control over living conditions and upbringing adopted child from among orphans and children left without parental care, is carried out until they reach the age of 18 years at the place of residence in the case of a monthly compensation payment to the persons who adopted him in the city of Moscow.

3. The procedure for registering citizens of the Russian Federation living in the city of Moscow, suspended from the duties of a guardian (trustee), adoptive parent, foster carer and adoptive parent, in respect of whom a court decision was made to cancel the adoption, is established by the Moscow Government.

Chapter 3. Final provisions

Article 23. Financing of costs associated with the implementation of this Law

Financing the costs associated with the implementation of this Law is an expenditure obligation of the city of Moscow.

Article 24. Liability for failure to comply with this Law

1. For failure to comply with this Law, officials of authorized bodies in the field of guardianship, trusteeship and patronage are liable in accordance with federal legislation and the legislation of the city of Moscow.

2. Guardians (trustees), foster parents, foster carers for violation of this Law bear administrative responsibility in accordance with the legislation of the city of Moscow.

Article 25. Entry into force of this Law

1. This Law comes into force after one month from the date of its official publication.

2. To recognize as invalid:

1) Moscow City Law No. 16 of June 4, 1997 “On the organization of work on guardianship, trusteeship and patronage in the city of Moscow” ;

2) Moscow City Law No. 33 of June 27, 2001 “On introducing amendments and additions to Moscow City Law No. 16 of June 4, 1997 “On the organization of work on guardianship and trusteeship in the city of Moscow” ;

3) Moscow City Law No. 59 of September 29, 2004 “On amendments and additions to Moscow City Law No. 16 of June 4, 1997 “On the organization of work on guardianship, trusteeship and patronage in the city of Moscow”.

3. Legal acts of the city of Moscow in the field of organizing activities for guardianship, trusteeship and patronage must be brought into compliance with this Law within six months from the date of its entry into force.

Mayor of Moscow
Yu.M. Luzhkov

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

This Law regulates public relations in the field of organization and activities of guardianship, trusteeship and patronage in the city of Moscow.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses concepts used in federal legislation, as well as the following basic concepts:

1) authorized bodies in the field of organization and activities of guardianship, trusteeship and patronage in the city of Moscow (hereinafter referred to as the authorized bodies in the field of guardianship, trusteeship and patronage) - executive authorities of the city of Moscow, exercising, within their competence, powers in the field of guardianship, trusteeship and patronage patronage, local government bodies of intra-city municipalities in the city of Moscow (hereinafter referred to as local government bodies), exercising certain powers in the field of guardianship, trusteeship and patronage in accordance with federal legislation, laws of the city of Moscow, and other legal acts of the city of Moscow;

2) authorized organizations - educational organizations, medical organizations, organizations providing social services, or other organizations (including organizations for orphans and children without parental care), which, in accordance with federal legislation, can exercise certain powers in the field guardianship, trusteeship and patronage or can provide assistance to children in need of state assistance, their legal representatives, orphans and children without parental care, persons from among orphans and children without parental care, aged 18 to 23 years old, families who have adopted a child (children) for upbringing;

3) foster care is a form of family placement for orphans and children left without parental care for the period established by the foster care agreement;

4) patronage - a form of assistance to an adult capable citizen who, for health reasons, is not able to independently exercise and protect his rights and fulfill his duties;

8) social patronage - a set of measures aimed at promoting the normal upbringing and development of the child (children), maintaining parental care for him (them);

Article 2. Legal basis for the organization and activities of authorized bodies in the field of guardianship, trusteeship and patronage

Authorized bodies in the field of guardianship, trusteeship and patronage are guided in their organization and activities by the Constitution of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow.

Article 3. Main tasks of authorized bodies in the field of guardianship, trusteeship and patronage

The main tasks of authorized bodies in the field of guardianship, trusteeship and patronage are:

2) ensuring the protection of property and personal non-property rights and legitimate interests of citizens who need to establish guardianship or guardianship over them, who are under guardianship or trusteeship (including those transferred to foster care, foster care);

3) ensuring the priority of family forms of education for orphans and children left without parental care;

5) ensuring the safety of the property of citizens specified in paragraph 2 of this article and managing this property;

Article 4. Powers of authorized bodies in the field of guardianship, trusteeship and patronage

1. The authorized bodies in the field of guardianship, trusteeship and patronage in the city of Moscow exercise the following powers in relation to minors and persons from among orphans and children left without parental care, aged 18 to 23 years:

1) organize timely identification of orphans and children left without parental care, conduct an examination of their living conditions, establish the fact of lack of parental care and keep records of such children;

2) choose forms of placement for orphans and children left without parental care;

3) keep records of persons wishing to adopt a child (children), take guardianship (trusteeship), become adoptive parents, foster carers;

4) draw up and approve plans to protect the rights of the child;

5) perform the duties of a guardian (trustee) until orphans and children left without parental care are placed in a family or under supervision in an organization for orphans and children left without parental care;

6) provide placement for a child in the absence of parental care;

7) provide temporary placement for a child who is a foreign citizen in the absence of parental care;

8) hand over a child who is a foreign citizen to the competent authority of the state of which the child is a citizen, in accordance with the legislation of the Russian Federation and the legislation of the said state, unless otherwise provided by an international treaty of the Russian Federation;

9) send information about an orphan, a child left without parental care, if it is impossible to place him in a family, to the state data bank about children left without parental care for registration;

10) carry out the selection and training of persons wishing to accept orphans and children left without parental care into the family, keep records of them;

11) install preliminary guardianship(guardianship);

12) prepare conclusions on the possibility of temporary transfer of a child (children) to the family of a citizen permanently residing on the territory of the Russian Federation;

13) give consent to the adoption of a child by minor parents under the age of 16, if they do not have parents or guardians (trustees);

14) submit demands to the court to cancel the adoption of a child in cases and in the manner established by federal legislation;

15) give preliminary permission for the guardian (trustee) to spend the income of the ward, including the amount of alimony, pensions, benefits and other social payments provided for his maintenance, as well as income due to the ward from the management of his property, with the exception of income to which the ward is entitled manage independently;

16) determine a trustee and, if necessary, permanent management of real estate and valuable property the ward enters into an agreement with the trustee on the trust management of such property;

17) submit to the court demands for recognition of the marriage as invalid if the marriage was concluded with a person under marriageable age, in the absence of permission to enter into a marriage before this person reaches marriageable age;

18) take part in court consideration of cases on invalidation of a marriage concluded with a person under marriageable age;

19) declare the state registration of the birth of a found (abandoned) child, whose parents are unknown;

20) declare the state registration of the birth of a child abandoned by the mother, who did not present an identity document, in the medical organization in which the birth took place or to which the mother applied after the birth;

21) give instructions regarding the child’s first name and (or) last name (if the parents have different last names) during state registration of his birth in the absence of agreement between the parents;

22) assign and pay a monthly compensation payment to persons permanently residing in the territory of the Russian Federation who have adopted a child from among orphans and children left without parental care in the territory of the city of Moscow;

23) exercise control over the living conditions and upbringing of the adopted child at his place of residence during the first three years after the establishment of adoption;

24) exercise control over the living conditions and upbringing of the adopted child at his place of residence until the child reaches the age of 18 years in the event of a monthly compensation payment being assigned to the adoptive parent;

25) send to the tax authorities at their location information about the establishment of guardianship (trusteeship) and management of the ward’s property, as well as subsequent changes related to guardianship (trusteeship) and management of the ward’s property;

26) give preliminary permission to transfer ownership to minors under the age of 14 of residential premises in which only minors live;

27) give preliminary permission for the exchange of residential premises owned by the state of the city of Moscow, in which minors are registered;

28) ensure the priority right to transfer the child to be raised in a family by relatives;

29) obtain the consent of the child’s legal representative for adoption, transfer of the child into guardianship (trusteeship), into a foster family, or into foster care;

30) obtain the consent of a child who has reached the age of 10 years to be adopted, placed under guardianship (trusteeship), to a foster family, or to foster care;

31) issue preliminary permission for the adoption of a child who is a citizen of the Russian Federation and lives outside the Russian Federation;

32) obtain the consent of the legal representative of the child, the competent authority of the state of which the child is a citizen, for the adoption, transfer under guardianship (trusteeship) of a child who is a foreign citizen, as well as his consent, if required in accordance with the legislation of the specified state, unless otherwise provided by an international treaty of the Russian Federation;

33) issue preliminary permission for the disposal of maternal (family) capital funds to adoptive parents, guardians (trustees) or adoptive parents of the child (children);

34) establish social patronage;

35) conduct scheduled and unscheduled inspections of the living conditions of wards;

36) prepare a conclusion on the possibility of becoming adoptive parents;

37) prepare a conclusion on the possibility of being a guardian (trustee);

38) prepare a conclusion on the possibility of being a foster parent;

39) prepare a conclusion on the possibility of providing foster care to a citizen who has expressed a desire to become a foster carer;

40) establish guardianship (trusteeship) over minors;

41) exercise supervision over the activities of guardians (trustees);

42) release or remove the guardian (trustee) from performing the duties assigned to him in the cases and in the manner established by federal legislation;

43) enter into agreements on the implementation of guardianship (trusteeship) in relation to a minor ward on paid terms, including agreements on a foster family, on foster care, make decisions on the early termination of these agreements in the cases and in the manner established by federal legislation;

44) conclude agreements on post-boarding care, social patronage, make decisions on early termination of these agreements in cases and in the manner established by federal legislation;

45) enter into agreements to support families who have adopted a child (children) for upbringing;

46) enter into trust management agreements in cases provided for by federal legislation;

47) protect the property rights of minors, as well as persons recognized as missing;

48) provide assistance to persons from among orphans and children left without parental care, aged 18 to 23 years, in protecting their rights and interests;

49) transfer orphans and children left without parental care to a foster family or foster care;

50) establish post-boarding care;

51) exercise control over the conditions of detention, upbringing and education of orphans and children left without parental care;

52) provide support to families who have adopted a child (children) for upbringing;

53) monitor the adaptation to independent life of graduates of organizations for orphans and children left without parental care, persons from among orphans and children left without parental care, aged 18 to 23 years after they graduate from vocational education institutions;

54) exercise control over children transferred to foster care and persons over whom post-boarding foster care has been established;

55) take measures to protect housing rights, preserve the property of orphans and children left without parental care, including giving preliminary permission to carry out transactions with their property in cases provided for by federal legislation;

56) immediately remove the child from the parents (one of them) or from other persons in whose care he is, if there is an immediate threat to the child’s life or health in the manner established by the Family Code of the Russian Federation;

57) represent the legitimate interests of minors under guardianship (trusteeship) in relations with any persons, including filing lawsuits in court and taking part in court consideration of cases to protect the rights and interests of minors in cases provided for by the legislation of the Russian Federation;

58) submit to the court an inspection report on the living conditions of the child and the person(s) wishing to accept him into the family, as well as a conclusion based on it when the court considers disputes related to the upbringing of children;

59) decide to conduct preventive examinations, psychiatric examinations and hospitalization in a psychiatric hospital for minors under the age of 15 in the event of the objection of one of the parents or in the absence of parents or other legal representative;

60) provide temporary placement for children in need of state assistance;

61) declare the minor fully capable (emancipated);

62) give consent to establish paternity in cases and in the manner established by federal legislation;

63) give consent to the removal of orphans and children left without parental care from registration at the place of residence or place of stay;

64) give permission to change the child’s first and last name;

65) assign and pay funds for the maintenance of wards in the manner and amount established by legal acts of the city of Moscow;

66) give consent to the exclusion of orphans and children without parental care who have reached the age of 15 years from the educational institution;

67) give consent to the conclusion of employment contracts with students who have reached the age of 14 years, to be carried out during their free time from school easy time work that does not harm their health and does not disrupt the learning process;

68) give permission to conclude employment contracts with persons under the age of 14 to participate in the creation and (or) performance (exhibition) of works without harming the health and moral development of these persons in cinematography organizations, theaters, theatrical and concert organizations, circuses ;

69) appoint a representative to protect the rights and legitimate interests of children in cases provided for in Article 64 Family Code Russian Federation;

70) monitor compliance with the rights and legitimate interests of orphans and children left without parental care, transferred to be raised in a family (guardianship, trusteeship, foster family, foster care), the performance of duties by the child’s legal representatives;

71) form and carry out the activities of a commission to protect the rights and legitimate interests of wards;

72) exercise other powers in accordance with federal legislation and the legislation of the city of Moscow.

2. The authorized bodies in the field of guardianship, trusteeship and patronage exercise the following powers in relation to adult persons recognized by the court as incompetent or partially capable, as well as adult capable persons who, for health reasons, cannot independently exercise and protect their rights and fulfill their duties:

1) keep records adult citizens who are under guardianship (trusteeship) and over whom patronage is established;

2) participate in the consideration by courts of disputes related to the implementation of guardianship (trusteeship), as well as in the enforcement of court decisions in cases established by the legislation of the Russian Federation;

3) make a decision to place a person recognized by the court as incompetent due to a mental disorder in a psychiatric or psychoneurological institution in the manner established by the legislation of the Russian Federation;

4) facilitate the placement of persons recognized by the court as incompetent due to a mental disorder in psychiatric or psychoneurological institutions in the manner established by the legislation of the Russian Federation;

5) carry out the placement of adult capable persons who, for health reasons, cannot independently exercise and protect their rights and fulfill their duties, in the appropriate inpatient social service institutions;

6) make a decision to appoint a guardian (trustee) with the consent of the latter to a person recognized by the court as incompetent or partially capable, and for an adult capable person who, for health reasons, cannot independently exercise and protect his rights and perform his duties, an assistant with the consent of the person over to whom patronage is established;

7) make a decision to terminate patronage at the request of the person over whom it is established;

8) provide the necessary assistance to adults with legal capacity who, for health reasons, cannot independently exercise and protect their rights and fulfill their duties, until patronage is established over them;

9) establish, in cases provided for by federal legislation, patronage over adults with legal capacity who, for health reasons, cannot independently exercise and protect their rights and fulfill their duties;

10) make a decision on the disposal of the property and income of a person recognized by the court as incompetent due to a mental disorder, when placing him in a psychiatric or psychoneurological institution;

11) give preliminary permission for the guardian (trustee) to carry out transactions to alienate the property of the person in respect of whom guardianship (trusteeship) has been established;

12) exercise control over the performance by the assistant of an adult capable citizen of his duties and notify the citizen under the patronage of violations committed by his assistant and which are the basis for termination of the agency agreement, property trust management agreement or other agreement concluded between them;

13) send to the tax authorities at their location information about the establishment of guardianship (trusteeship) over a person recognized by the court as incompetent or partially capable, patronage over an adult capable person who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties, and management of the property of a person recognized by the court as incompetent due to a mental disorder, as well as subsequent changes related to guardianship (trusteeship) and management of the property of the incompetent person;

14) exercise other powers in accordance with federal legislation.

3. Powers to identify persons who need to establish guardianship (trusteeship) over them, as well as to select and prepare citizens who have expressed a desire to become guardians (trustees) or to accept orphans and children left without parental care into a family for upbringing in other forms established by law, may be carried out by organizations specified in Part 4 of Article 6 of the Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”, in cases and in the manner established by the Government of the Russian Federation.

4. In cases and in the manner established by federal legislation, certain powers of the city of Moscow in the field of guardianship, trusteeship and patronage may be transferred to local government bodies.

Article 5. Acts of authorized bodies in the field of guardianship, trusteeship and patronage in relation to persons under guardianship (trusteeship) and patronage

Article 6. Coordination and methodological support of activities related to guardianship, trusteeship and patronage

1. Coordination and methodological support for guardianship and trusteeship activities in relation to minors, orphans and children left without parental care, as well as persons from among them aged 18 to 23 years, is carried out by the authorized executive body of the city of Moscow in the field of family and youth policy.

2. Coordination and methodological support of patronage activities in relation to adult capable persons who, for health reasons, cannot independently exercise their rights and their responsibilities, are carried out by the authorized executive body of the city of Moscow in the field of social protection of the population.

3. Coordination and methodological support for guardianship and trusteeship activities in relation to adults recognized by the court as incompetent due to a mental disorder, as well as limited legal capacity by the court due to alcohol or drug abuse, is carried out by the authorized executive body of the city of Moscow in the field of healthcare.

4. Coordination and methodological support for the activities of organizations for orphans and children left without parental care are carried out by the authorized executive authorities of the city of Moscow, under whose departmental subordination these organizations are located.

Article 7. Commissions for the protection of the rights and legitimate interests of wards

1. Commissions are formed under the authorized bodies in the field of guardianship, trusteeship and patronage to protect the rights and legitimate interests of wards. The procedure for forming these commissions is determined by the regulations on the commission for the protection of the rights and legitimate interests of wards.

2. The commission for the protection of the rights and legitimate interests of wards carries out:

1) preparation of a draft plan for the protection of the rights of the child;

3) consideration of the results of inspections of the living conditions of citizens recognized by the court as incompetent or partially capable;

4) consideration of other issues in the field of guardianship and trusteeship and protection of the rights and legitimate interests of minors.

3. Decisions made by the commission to protect the rights and legitimate interests of wards are advisory in nature.

4. The regulations on the commission for the protection of the rights and legitimate interests of wards are approved by the Moscow Government.

Article 8. Plan for the protection of children's rights

1. The plan for the protection of the rights of the child is approved by an act of the authorized body in the field of guardianship, trusteeship and patronage within 30 days from the moment of identification of a child left without parental care, a child in need of state assistance.

2. The authorized body in the field of guardianship, trusteeship and patronage in the plan for the protection of the rights of the child determines the forms, terms and place of placement of the child (adoption), under guardianship (trusteeship), in a foster family, in foster care, and in the absence of such a possibility in organizations for orphans and children without parental care of all types).

4. The plan for the protection of the rights of the child is drawn up taking into account the opinion of the child who has reached the age of 10 years.

5. The authorized body in the field of guardianship, trusteeship and patronage shall review the plan for the protection of the rights of the child at least once a year.

7. Control over the implementation of the plan for the protection of the rights of the child is carried out by the authorized body in the field of guardianship, trusteeship and patronage at the child’s place of residence.

8. The regulations on the plan for the protection of children's rights are approved by the Moscow Government.

Article 9. Accompaniment of families who have adopted a child (children) for upbringing

1. Accompaniment of families who have adopted a child (children) for upbringing is carried out by the authorized body in the field of guardianship, trusteeship and patronage, located at the family’s place of residence, on the basis of an agreement on family support.

2. An agreement on family support is concluded between the authorized body in the field of guardianship, trusteeship and patronage, the authorized organization and legal representatives.

4. The list of authorized organizations is formed by the authorized body in the field of guardianship, trusteeship and patronage on the basis of applications submitted by the relevant authorized organizations wishing to provide support to families who have adopted a child (children) for upbringing. The procedure for selecting authorized organizations is determined in the regulations on accompanying the family that has adopted the child (children) for upbringing.

5. A family that has adopted a child (children) has the right to independently choose authorized organizations that will provide it with support. The authorized body in the field of guardianship, trusteeship and patronage, located at the place of residence of the family that has adopted the child (children) for upbringing, is obliged to provide it with information about authorized organizations.

6. Accompanying families who have adopted a child (children) for upbringing is provided free of charge.

7. The regulation on accompanying a family that has adopted a child (children) for upbringing is approved by the Moscow Government.

Chapter 2. Implementation of activities of authorized bodies in the field of guardianship, trusteeship and patronage

Article 10. Guardianship (trusteeship)

The establishment of guardianship (trusteeship) over minors and the implementation of supervision over the activities of guardians (trustees) are carried out in accordance with federal legislation.

Article 11. Adoptive family

1. The transfer of a child (children) to a foster family and control over the living conditions and upbringing of the child (children) in a foster family are carried out in accordance with federal legislation.

2. The approximate form of the foster family agreement is approved by the Moscow Government.

3. The child (children) and the adoptive parent (adoptive parents) are provided with accompaniment for the period of validity of the foster family agreement.

4. The foster family agreement is concluded at the place of residence of the child (children) and the adoptive parent (adoptive parents).

5. The adoptive parent (adoptive parents) keep (keep) written records of the expenses of funds allocated for the maintenance of the child, and submit (submit) the corresponding report to the authorized body in the field of guardianship, trusteeship and patronage at the place of residence within the period specified in foster family agreement, in accordance with federal law.

Article 12. Foster care

2. Foster care is established in cases where other forms of placement for orphans and children left without parental care (adoption, guardianship, guardianship, foster family) cannot be used.

5. Persons wishing to take an orphan or a child without parental care into foster care are subject to the requirements established by federal legislation for guardians (trustees).

7. Foster care is carried out on the basis of a foster care agreement concluded in accordance with Article 13 of this Law.

8. Control over the living conditions and upbringing of children transferred to foster care is carried out by the authorized body in the field of guardianship, trusteeship and patronage.

Article 13. Agreement on foster care

1. The basis for concluding an agreement on foster care is the conclusion of the authorized body in the field of guardianship, trusteeship and patronage on the possibility of providing foster care by a citizen who has expressed a desire to become a foster carer, a document on the completion of training of a citizen who has expressed a desire to become a foster carer, an act of an authorized body in the field guardianship, trusteeship and patronage, accepted at the place of residence of an orphan, a child left without parental care.

2. The agreement on foster care is concluded between the authorized body in the field of guardianship, trusteeship and patronage, the foster care provider and the foster care organization at the place of residence of the orphan, a child left without parental care, for a period of no less than three months and no more than one year . In the interests of a child placed in foster care, the foster care agreement may be extended.

4. The regulations on the organization of foster care and the approximate form of the agreement on foster care are approved by the Moscow Government.

5. The authorized body in the field of guardianship, trusteeship and patronage at the place of residence of a child transferred to foster care is obliged, within three days, to inform the regional operator of the state data bank about children left without parental care about the placement of this child in foster care in order to terminate recording information about him in the state data bank about children left without parental care, in accordance with federal legislation.

7. The child transferred to foster care and the foster carer are provided with accompaniment by authorized organizations.

Article 14. Identification and registration of orphans and children left without parental care

1. Identification of orphans and children left without parental care is carried out by the authorized body in the field of guardianship, trusteeship and patronage in accordance with federal legislation.

2. The primary registration of orphans and children left without parental care is carried out by the authorized body in the field of guardianship, trusteeship and patronage at the place of their actual location.

3. Registration of orphans and children left without parental care who are subject to transfer to family care is carried out by the authorized body in the field of guardianship, trusteeship and patronage in the regional data bank on children left without parental care.

4. Information constituting the registration data for orphans and children left without parental care is confidential and can be used by the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.

Article 15. Registration of citizens who are under guardianship (trusteeship) and over whom patronage is established

1. Registration of citizens who are under guardianship (trusteeship) and over whom patronage is established is carried out by the authorized body in the field of guardianship, trusteeship and patronage at their place of residence.

2. Information constituting the registration data of citizens specified in part 1 of this article is confidential and can be used by the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.

Article 16. Registration of children in need of state assistance

1. Registration of children in need of state assistance is carried out by the authorized body in the field of guardianship, trusteeship and patronage at their place of residence. The procedure for registering children in need of state assistance is determined in the regulations on the organization of social patronage.

2. Information constituting the registration data for children specified in part 1 of this article is confidential and can be used by the authorized body in the field of guardianship, trusteeship and patronage only for the purpose of protecting their rights and legitimate interests.

Article 17. Post-boarding care

3. Post-boarding care is provided free of charge by an organization for orphans and children left without parental care and (or) by a post-boarding teacher.

4. An agreement on post-boarding patronage in relation to an orphan, a child left without parental care, is concluded between the authorized body in the field of guardianship, trusteeship and patronage, the authorized organization for orphans and children left without parental care, a graduate of this organization and ( or) a post-boarding teacher.

5. An agreement on post-boarding patronage in relation to a person from among orphans and children left without parental care, aged 18 to 23 years, is concluded between the authorized body in the field of guardianship, trusteeship and patronage, the organization for orphans and children left without parental care without parental care, or an authorized organization and (or) a post-boarding teacher and a specified person. A person from among orphans and children left without parental care, aged 18 to 23 years, can initiate the conclusion of an agreement on post-boarding patronage.

8. Post-boarding care is not established for orphans and children left without parental care who are under guardianship (trusteeship) in a foster family.

9. The regulations on the organization of post-boarding care and the approximate form of the agreement on post-boarding care are approved by the Moscow Government.

10. Control over the implementation of post-boarding care is assigned to the authorized body in the field of guardianship, trusteeship and patronage.

Article 18. Social patronage

1. Social patronage is established over children in need of state assistance.

2. Social patronage is carried out by an authorized organization free of charge.

3. An agreement on social patronage is concluded between the authorized body in the field of guardianship, trusteeship and patronage, the authorized organization and the legal representative (legal representatives) of the child (children).

4. The regulations on the organization of social patronage and the approximate form of an agreement on social patronage are approved by the Moscow Government.

5. Control over the implementation of social patronage is assigned to the authorized body in the field of guardianship, trusteeship and patronage.

Article 19. Patronage of adult capable citizens

Article 20. Types of state support for foster families and families who have accepted children for foster care

1. State support for foster families and families who have accepted children for foster care is provided in the manner established by the Moscow Government, in the form of:

1) monthly payment of remuneration to the adoptive parent (adoptive parents), foster carer in accordance with Article 21 of this Law;

2) monthly payment of funds for the maintenance of children transferred to a foster family for foster care, in accordance with the legislation of the city of Moscow;

3) annual provision of children placed in a foster family for foster care with vacation vouchers purchased from the budget of the city of Moscow;

4) allocation once every two years of holiday vouchers for children placed in a foster family, for foster care, accompanied by a foster parent or foster carer.

1) free travel on city passenger transport (except for taxis and minibuses);

3) reimbursement of expenses for payment for residential premises in which children transferred to a foster family, foster care, and utilities actually live.

Article 21. Amount of monthly remuneration paid to adoptive parents and foster carers

1. The monthly remuneration paid to a foster parent or foster carer for one child placed in a foster family or foster care is set at 15,155 rubles.

2. Remuneration to the adoptive parent(s), foster carer is subject to indexation in the manner and within the time frame established by the Moscow Government.

4. For raising a disabled child accepted into a foster family or foster care, the amount of monthly remuneration provided for in Part 1 of this article increases by 70 percent.

6. The procedure for paying monthly remuneration to the adoptive parent (adoptive parents), foster carer is established by the Moscow Government.

Article 22. Supervision over the activities of guardians (trustees), adoptive parents, foster carers, control over the living conditions and upbringing of an adopted child

2. Control over the living conditions and upbringing of an adopted child from among orphans and children left without parental care is carried out until he reaches the age of 18 at his place of residence if a monthly compensation payment is assigned to the persons who adopted him in the city of Moscow.

Chapter 3. Final provisions

Article 23. Financing of costs associated with the implementation of this Law

Financing the costs associated with the implementation of this Law is an expenditure obligation of the city of Moscow.

Article 24. Liability for failure to comply with this Law

2. Guardians (trustees), foster parents, foster carers for violation of this Law bear administrative responsibility in accordance with the legislation of the city of Moscow.

Article 25. Entry into force of this Law

1. This Law comes into force after one month from the date of its official publication.

2. To recognize as invalid:

1) Moscow City Law No. 16 of June 4, 1997 “On the organization of work on guardianship, trusteeship and patronage in the city of Moscow”;

2) Law of the city of Moscow of June 27, 2001 N 33 “On introducing amendments and additions to the Law of the city of Moscow of June 4, 1997 N 16 “On the organization of work on guardianship and trusteeship in the city of Moscow”;

3) Law of the city of Moscow of September 29, 2004 N 59 “On introducing amendments and additions to the Law of the city of Moscow of June 4, 1997 N 16 “On the organization of work on guardianship, trusteeship and patronage in the city of Moscow.”

Mayor of Moscow

Yu.M. Luzhkov

Moscow City Duma

Moscow Law of April 14, 2010 No. 12 “On the organization of guardianship, trusteeship and patronage in the city of Moscow”