A child may lose those closest to them due to their premature death.

However, with the growth of society's prosperity, the number of children deprived of family warmth with healthy parents increases.

Whatever the root of evil is, the child will not find himself alone with the problem. The state takes upon itself the issues of its development.

Let's consider which children are classified as left without parental care, whether this status differs from orphanhood, and what kind of support a little person can count on.

Status Features

From a legal point of view concepts Orphanhood and lack of parental care differ:

Common situations social orphanhood when parents consciously abdicate all responsibility for the child. These people may be socially and economically disadvantaged or quite successful in life, but a child is always a hindrance for them. And then the parents:

• refuse to take children from medical or educational institutions, issuing an official refusal. This can happen immediately after the baby is born or some time later;
• they simply “forget” about children who are in such institutions without legally relinquishing their parental responsibilities.

Another one category of reasons, when children are left without parental attention, is associated with degradation of the mother/father’s personality due to addiction to alcohol and psychoactive substances, and an antisocial lifestyle. Moreover, in this situation, parents are sometimes attached to the child in their own way, in rare moments of enlightenment showing all possible care for the child. But this is an exception to the course of events. Usually being in family of origin is an emotional trauma and is simply dangerous for the baby.

Sometimes, in order to eliminate terminological confusion, minor orphans are also included in the category of children left without care. But in the future we will talk specifically about social orphanhood.

Legislative regulation of the issue

Negligent mothers and fathers are condemned. But the state does not stand aside, providing support to children in difficult life situations.

Its principles regulate:

• Family Code of the Russian Federation;
• Federal Law No. 159 of December 21, 1996 “On additional guarantees for orphans and children without parental care”;
• Federal Law No. 44 of April 16, 2001 “On the state data bank on children left without parental care.”

If the above situations arise, the fate of the minor is authorized to be decided guardianship authorities. Employees of the Abandoned Child Guardianship Department monitor supervised families, living conditions and upbringing of minors in social institutions

How to apply for this status

Grounds for recognition a child who has lost custody is much more important than the well-known deprivation of parents of their rights.

But in any case, the guardianship authorities are obliged to make a decision on the permanent arrangement of residence and upbringing of the minor within one month from the moment such grounds are discovered.

What is it for

It is important to understand that this status must be officially assigned. And you absolutely must do this:

• firstly, for the applicant to receive social support measures and benefits. This is a very long period of time until the child turns 18 years old. There were cases when a person who had reached the age of majority, who was actually left without parents, could not receive it only because at one time the guardianship authorities did not properly formalize his status.
• Secondly, the official status will protect the secondary orphan from financial claims in the future by failed parents. Life is full of examples when an elderly alcoholic remembers the title of parent after the adult child achieves significant success, and at his expense one can make good money.

How to assign a status

The state provides a special algorithm for registering the status of a child left without parental care. Doing this is somewhat more difficult than recognizing him as an orphan.

Here you have to prove termination legal dependence of the child on the parents (or connection with them). This function is assigned to the judiciary.

The initiator of the procedure must be presented at the meeting documentation:

• decisions on detention, imprisonment, as well as confirmation from penitentiary institutions about serving a criminal sentence;
• confirmation of the initial absence of parents - with dashes in the corresponding columns, statements of abandonment of the child, papers on admission to a social institution of foundlings and foundlings;
• preliminary court decision to deprive the mother and/or father of parental rights;
• certificates, extracts and other evidence of a parent’s serious illness with limitation of his physical and/or legal capacity from health care institutions.

If necessary, other evidence permitted by law may be provided. For example, testimonies of witnesses and eyewitnesses, audio and video materials.

But who can act as assigner for a minor who finds himself without parental attention and support:

• Of course, state guardianship and trusteeship authorities;
• Relatives, as well as employees of educational, medical and social institutions;
• Upon reaching the age of 14, the child himself can petition (in writing) before the guardianship for his own removal from the family, restrictions on the rights of parents, etc. However, the decision on judicial consideration of the issue is made by the state body.

From the date of receipt of a message about improper living conditions of a minor, the guardianship authorities are obliged to check the child’s place of residence within 3 days.

Actions of government agencies

Further guardianship finds out the fact of lack of guardianship of parents or relatives and, if the situation is confirmed:

• measures are taken to protect rights and interests (removal from the family, temporary placement in a social hotel, orphanage, etc.);
• the information is sent to the executive authority of the subject for placement of data in the regional data bank of orphans.

At the same time, the issue of permanent placement of the child is resolved, information about him is placed in the federal data bank of children without parental care (Federal Law 44).

Local executive power within a month from the date of submission of data to the regional bank, it must take measures to place the minor in a family of citizens on the territory of its subject. If suitable option is absent, federal government structures are involved in the problem. They place the child in the care of families from other regions of Russia.

Actions of guardians, social workers institutions

After assignment of status, these persons apply to the MFC or Pension Fund to apply for specific pensions, as well as open a personal bank account for the child.

You need to have a package of documents with you:

• passport of a citizen of the Russian Federation, for an employee of an institution - a power of attorney to represent the interests of the child and the organization;
• birth certificate of the ward;
• documents confirming preferential status.

The exact list of papers depends on the specific circumstances of social/biological orphanhood.

State support for this category of citizens

Survivor's pension

Possible only in the event of the death of parents or their recognition as dead/missing by court.

It is paid until the child reaches the age of majority, and when continuing full-time education - up to 23 years of age.

Educational benefits

In-kind assistance and allowances are provided for the purchase school supplies, teaching aids, preparation for school. in the canteen for free.

Also free of charge, but you will have to pay for the travel.

All additional courses are provided free of charge. When entering universities, colleges and colleges full-time, students without parents continue to receive assigned social benefits and payments.

If a student receives a scholarship, then the standard amount increases by 50%, and “lifting” benefits are paid annually in three times the amount.

Housing

Upon completion of boarding school adult child claims its own square meters of living space.

But only if it matches conditions:

• he does not have social housing or property (for example, left after his parents);
• relatives do not have an “extra” quadrature on which they can register the child;
• if the existing housing does not meet sanitary and other standards.

"Communal" and housing and communal services

Condition for benefits is as follows: full-time study at a school or vocational institution, as well as the availability of living quarters.

In this case, they are exempt from utility bills and accommodation. Own your own home? Then 100% discount. If the child lives in the guardian’s apartment, the benefit applies to the standard area of ​​the ward.

Medicine

In public health care institutions, children left without parental care can count on for free help. If indicated, discounted vouchers to sanatoriums and medications are provided. When there is a disability, the list of preferences is wider depending on the group and disease.

Part of the assistance comes from the federal budget. But in the last few years there has been a noticeable trend towards redistributing most of the aid to the regional level. The regions have their own support programs for this category of beneficiaries. You can learn about the full range of assistance measures at the MFC, pension departments and SZN bodies.

Social help

The state guarantees them increased legal protection, which covers the main aspects of life:

• housing issues;
• obtaining education at various levels;
• labor guarantees;
• medical service.

The government strongly encourages family guardianship of children without parents, establishing one-time and monthly benefits, as well as in-kind benefits for guardians.

But you won’t be able to make money from guardianship: supervisory authorities control the quality of guardianship and “guide” the child almost until adulthood.

The rights of this category of citizens are described in the following video:

An orphan is a minor who is deprived of the care of biological and adoptive parents. Supporting orphans is a priority area of ​​national assistance. The main task of the state is to provide orphans with all the necessary benefits until they reach adulthood.

The right to benefits and allowances, as well as the possibility of receiving free housing from the state, are established by the following regulations:

• , articles 54 and 123;
• Federal Law No.;
• , article 292;
• , article 57.

The main document regulating general principles, maintenance, methods of social support and benefits for this category of children, is the Federal Law “On additional guarantees for the public protection of orphans and children without parental care.”

The Russian Federation takes upon itself the care of orphans deprived of parental care. The state provides them with various benefits. The corresponding preferences are provided from the regional budgets of Russia.

According to legislative acts, an orphan has the right:

• to receive pension payments. There are two types of pensions: social and labor. If a parent is deprived of parental rights, then he is obliged to pay alimony to the minor;
• for preference in the field of education. Orphans have priority when entering secondary or higher education. An orphan enters a university based on entrance exams. Throughout their studies, they are paid a scholarship from the region’s budget;
• state support in the field of housing. According to the law on obtaining housing, the state is obliged to provide orphans with an apartment. This procedure can be performed in 2 ways: if the parents had their own home, then it remains with the child; if there is no inheritance, upon reaching adulthood the state undertakes to provide him with free housing;
• benefits for payment of services. Orphans are provided with benefits in paying utility bills. Legal guardians will be compensated half the amount for: electricity, gas, rent, water and garbage removal;
• state support in the field of medicine. Orphans deprived of parental care receive any medical services absolutely free of charge. Teenagers are also provided with discounted vouchers to sanatoriums and health camps;
• other benefits. Orphans have the right to travel for free public transport, except for taxis and private routes. Local authorities provide financial assistance and also pay cash benefits: 30,000 - one-time; 10,000 - monthly.

Law on providing housing for orphans

The Federal Law “On additional guarantees for social support of orphans and children left without parental care” dated December 21, 1996 No. 159-FZ was adopted by the participants State Duma December 4, 1996, and approved by the Federation Council on December 10 of the same year. This document regulates general rules maintenance and measures of public support for children who are left without parents.

The Federal Law on social support for orphans consists of 13 articles:

• Article 1. Basic concepts;
• Article 2. Relationships regulated by valid law;
• Article 3. Regulatory acts of the Russian Federation on additional guarantees for public support for orphans left without parents;
• Article 4. Methods of providing additional guarantees;
• Article 5. Financial support;
• Article 6. Additional preferences regarding education;
• Article 7. Additional preferences regarding medical care;
• Article 8. Additional preferences regarding the right to property and housing;
• Article 9. Public protection against unemployment;
• Article 10. Judicial protection of the rights of orphans;
• Article 11. Liability for non-compliance with this bill;
• Article 12. Bringing regulations in accordance with the current Federal Law;
• Article 13. Entry into force of Federal Law No. 159.

Until they reach adulthood, orphans are kept in orphanages and boarding schools, which after their 18th birthday they are required to leave, as a result of which problems arise with purchasing their own housing. For this purpose, a program has been developed in the Russian Federation, according to which orphans are provided with housing for certain conditions. According to the law, not only minor orphans, but also persons who, before reaching the age of 23, were left alone and without their own housing, have the right to free housing.

When are orphans provided with housing?

The legislation of the Russian Federation provides the right to orphans to receive housing, which is carried out by local regional authorities. The procedure for transferring apartments and houses to the appropriate persons is determined by the law on the provision of housing to orphans No. 159-FZ. Since 2013, housing has been provided outside the existing queue and through a specialized account.

The following have the right to receive free housing:

• orphans who have reached adulthood or who have become legally competent before the due date (for example, after marriage);
• orphans who returned from the army or who completed vocational education;
• orphans who served time in prison in a juvenile colony for a crime.

According to the law, if an orphan is 14 years old, he must be included in the register of orphans. In order to obtain housing, you must provide an application from the guardian, trustee, or administration of the organization in which the child lived. If the corresponding application has not been provided, upon reaching the age of majority the person has the right to do so independently.

Conditions for obtaining housing;

• an orphan cannot be the owner of other social housing that was received under a rental agreement;
• the person applying for residential premises must currently live in conditions recognized as unacceptable;
• This residential premises may only be used for personal residence purposes.

Important! In order to sell or exchange the received apartment, this person will need to provide documentation from the regional administration, which confirms permission to carry out this procedure with housing.

Download the text of the law

When providing housing to orphans, the procedure for privatization of this residential premises is completely excluded. This law also defines situations in which an orphan does not have the right to use this area. The legislation introduced the concept of “impossibility of living in the current place.”

Circumstances that prohibit an orphan from living in the territory allocated to him:

• living together with a person affected by a serious illness who needs constant care;
• if the child is forced to share living space with parents deprived of parental rights;
• this territory is officially recognized as unsuitable for its intended use;
• the apartment or house does not comply with the sanitary standards of the Housing Code of the Russian Federation.

Important! Each circumstance must be documented.

Download Federal Law “On additional guarantees for social support for orphans and children left without parental care” dated December 21, 1996 No. 159-FZ in the latest edition .

During recent years The implementation of a wide range of measures aimed at protecting and supporting children in difficult life situations continues. State policy regarding children was aimed at: preserving, as much as possible within the available resources, basic guarantees for the livelihoods and development of children, minimizing losses in the standard of living; maintaining children's access to education and health care systems; development various forms material support for families with children; humanization of treatment of children based on respect for the rights of the child; creation of new mechanisms for prevention and social rehabilitation of children in the context of the emergence of new social risks; legislative provision of children's rights.

In line with these directions of state policy, special strategies aimed at different categories children, including orphans and children left without parental care.

The Federal Law of December 21, 1996 No. 159 - Federal Law “On additional guarantees for social support for orphans and children left without parental care” gives the concept of additional guarantees for social support - these are additional legislative measures for the social protection of children’s rights - orphans and children left without parental care, as well as persons from among orphans and children left without parental care, while receiving full-time vocational education.

The law establishes a number of additional guarantees for orphans and children left without parental care, these are:

Additional guarantees of the right to education (Article 6);

Additional guarantees of the right to medical care (Article 7);

Additional guarantees of rights to property and residential premises (Article 8);

Additional guarantees of the right to work (Article 9);

Let's take a closer look at them.

Guarantees of the right to education

The main additional guarantees in the field of education for orphans and children without parental care include the following:

1. Firstly, for this category of children, free training is provided in courses to prepare for entry into secondary educational institutions and universities. “Orphans and children left without parental care who have received basic general or secondary (complete) general education have the right to attend courses in preparation for entering secondary and higher vocational education institutions without charging a fee. The amount and procedure for reimbursement of the costs of courses in preparation for admission to institutions of secondary and higher vocational education for the education of orphans and children left without parental care are established by regulatory legal acts of state authorities of the constituent entities Russian Federation.»

2. Secondly, orphans and children left without parental care have the right to free first and second primary vocational education.

3. Thirdly, these persons studying in all types of state or municipal institutions of primary, secondary and higher vocational education, as well as students who lost both or only parents during their studies, are enrolled in full state support until they graduate from this educational institution. At the same time, under full state provision is understood:

Providing them with free meals during their stay in the relevant state or municipal institution, in the family of a guardian, trustee, foster parents;

Providing them with a free set of clothes and shoes;

Providing free hostel;

Providing free medical care or reimbursement of their full cost.

4. Fourthly, students and pupils of state educational institutions for orphans and children left without parental care, upon graduation, are provided by this educational institution with clothes and shoes, as well as a one-time cash benefit.

5. Fifthly, orphans and children without parental care who are studying in federal state educational institutions, get:

A scholarship, the amount of which increases by at least fifty percent compared to the amount of the scholarship established for students at a given educational institution:

An annual allowance for the purchase of educational literature and writing materials in the amount of a three-month stipend;

One hundred percent of wages accrued during the period of industrial training and practical training.

At the same time, the size and procedure for increasing these payments are established by the laws of the constituent entities of the Russian Federation and (or) regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation, which are in charge of this educational institution.

6. Sixthly, graduates of all types of educational institutions from among orphans and children left without parental care, who come to these educational institutions during vacations, weekends and holidays, by decision of the Council of an educational institution, may be enrolled in free food and accommodation for the period of their stay in this educational institution.

7. Seventhly, all graduates of federal state educational institutions from among orphans and children left without parental care are provided with clothing, shoes, soft goods and equipment according to the standards approved by the Government of the Russian Federation, as well as a one-time cash benefit in the amount of not less than 500 rubles.

These standards were approved by the Decree of the Government of the Russian Federation of November 7, 2005 No. 659 “On approval of standards material support orphans and children left without parental care, persons from among orphans and children left without parental care studying and being brought up in federal state educational institutions, minors studying and being brought up in federal state educational institutions - special vocational schools of open and closed type and federal state institution "Sergievo Posad Orphanage for the Deaf-Blind" Federal agency on health and social development";

At the request of graduates, they may be given monetary compensation in the amount necessary for the purchase of clothing, shoes, etc. or the specified compensation is transferred as a contribution in the name of the graduate to the institution of the Savings Bank of the Russian Federation.

8. In addition, orphans and children left without parental care are provided with free travel on city, suburban, and rural areas on intra-district transport (except taxis), as well as free travel once a year to their place of residence and back to their place of residence study.

In addition to this list of guarantees established by the Federal Law “On additional guarantees for social support for orphans and children left without parental care,” there are a number of guarantees established by the state. For example, the Law of the Russian Federation “On Education” establishes the rule that orphans and children left without parental care are admitted without competition, subject to successful completion of entrance tests to state educational institutions of secondary vocational education and state and municipal educational institutions of higher vocational education .

When passing entrance exams in the form of the Unified State Examination, passing each exam is considered successful if the applicant receives points that, when using the scale for converting points into marks, correspond to the marks “3”, “4” or “5”. The scale for converting points into grades during the Unified State Examination is established for each year for each subject by a separate order of the Ministry of Education of the Russian Federation.

The state is obliged to provide its citizens with social guarantees. This is the main purpose of its creation and existence. First of all, this circumstance manifests itself when it comes to the most vulnerable. And among them are children who, due to various circumstances, were left without parental care.

One of the most difficult problems for young citizens in this category is acquiring their own housing. Will apartments be allocated for orphans in 2020, and how to get them? young man this category, more on this later in the article.

Definition of orphan

People find themselves in different situations. Therefore, we will define the concept of orphan as it is interpreted by current legislation. This category includes young citizens who have not celebrated their 18th birthday, and whose both or only parents have died. There is also the concept of children left without parental care - these are persons under the age of 18 who are left without parental care due to:

• deprivation of parental rights;
• restrictions on parental rights;
• recognition of parents as missing;
• recognition of parents as incompetent (limitedly capable);
• declaring parents dead;
• the court establishing the fact that a person has lost parental care;
• parents serving their sentences in institutions that carry out imprisonment;
• being in places of detention of suspects or accused of committing a crime;
• evasion of parents from raising their children or from protecting their rights and interests;
• refusal of parents to take their children from educational, medical, social organizations;
• if the only parent or both parents are unknown;
• in other cases.

The child is assigned an official status:

• orphans;
• a child left without parental care.

This work is carried out by the state guardianship authorities of the local administration. Only after recognition of their status and receipt of the appropriate document can a small citizen of a large country count on state support, including housing for orphans.

Important: two circumstances are important for assigning a category:

• inability to receive care and financial support from parents for these reasons (or others - decided on an individual basis);
• failure to achieve age limit(18 years).

Basic laws and the need to change them

The legislative acts on which experts rely when resolving the issue are as follows:

1. Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care.” Date of adoption: 12/21/1996 (last modified 12/31/2014).
2. Decree of the Government of the Russian Federation dated 04.04.2019 No. 397 “On the formation of a list of orphans and children left without parental care...”.

Previously, the rules for providing orphans and equivalents with square meters looked like this:

• they were not put in a queue, but were immediately given the premises that the municipality had;
• there were no specific rights proceedings;
• if an orphan has not been provided with housing before his 23rd birthday, he is removed from the register;
• The living space was registered as social rent.

During the investigation of various situations, it was found that such rules open up opportunities for fraud. In particular, young people who received “free” living space:

• they sold it, seduced by something less valuable, but currently desirable;
• transferred to scammers under the influence of their pressure.

Download for viewing and printing: Important: changes adopted in 2014 stopped the possibility of fraud in relation to the apartments of young orphans.

Who is entitled to housing from the state?

According to the legislation in force in 2020, municipalities provide housing for orphans and citizens deprived of parental care. They are supposed to be given apartments from the social fund, if there is one.

Important: an orphan’s living space can be replaced with a certificate for earmarked funds. They can only be spent on purchasing housing.

The mechanism for providing houses to citizens of this category has undergone major changes. They touched on almost all aspects of the issue, except for the main one - the recipient of state aid.

Age restrictions

In 2020, housing will be provided to young people who meet the following criteria:

• has the status of an orphan or a child deprived of parental care;
• The citizen’s age must be between 18, but it is possible to obtain housing earlier;
• this person officially announced that he needed government support to solve the housing problem.

Each of the criteria is equally important. If you do not comply with at least one, then the state will relieve itself of responsibility for where the orphan will live. Moreover, this will turn out to be a completely legal act.

An orphan standing in line for an apartment remains there until his right to state support is fully realized. Even after he celebrates his 23rd birthday. It can be removed from the queue only after:

• provision of residential premises in ownership or under a social tenancy agreement;
• loss of the basis for providing comfortable residential premises;
• inclusion in the list in another subject of the Russian Federation in connection with relocation;
• termination of citizenship;
• death or declaration of death.

Property criteria

The next gap corrected by the legislator is related to property law. At the date of adoption of this act (1996), this institution had not yet been developed in the Russian Federation, therefore it was not taken into account in the old version of the law. Now the fraud hole has been fixed. Before an orphan is given housing, his other property rights are carefully checked.

Download for viewing and printing:

The beneficiary must meet the following criteria:

• not be a tenant of residential premises under social tenancy agreements;
• not be the owner of the residential premises;
• recognition of the impossibility of living in occupied residential premises under a social tenancy agreement or by right of ownership. This includes the following circumstances:

• residence in such premises on a legal basis of persons deprived of parental rights in relation to such children;
• residence in such premises for persons suffering from a severe form of a chronic disease, in which living together with them is impossible.
• the residential premises are declared unfit for habitation;
• the area of ​​living space per person living in it is less than the accounting norm. The accounting rate is calculated taking into account the beneficiary's move into the premises;
• other circumstances that may be established by the law of the constituent entity of the Russian Federation.

Important: each of the listed circumstances must be documented. Simply announcing it is not enough.

How housing provision is implemented in practice

The housing issue of citizens of this category begins to be resolved subject to:

• reaching their 18th birthday;
• upon completion of stay in educational organizations, social service organizations, medical organizations, other organizations;
• after completing vocational education, vocational training;
• after finishing the passage military service on call;
• after serving a sentence in correctional institutions;
• recognition by law as fully capable before the age of majority (a rare case).

Attention: it is strictly prohibited to provide citizens of this category with a room in a communal apartment. Housing must be separate.

The procedure for transferring housing has been improved so that it cannot be transferred to other hands (including scammers). Now the process looks like this:

1. According to the changes made, a young citizen who meets all the criteria is provided with an apartment (house) under a rental agreement.
2. This document has a limited validity period: exactly five years.
3. After the expiration of the specified period, the rental agreement can be concluded for a period of five years again an unlimited number of times. This procedure is established if circumstances are identified that indicate the need to provide assistance in overcoming a difficult life situation. The procedure for identifying such circumstances is established by the law of the subject of the Russian Federation.
4. Upon expiration of the contract term and in the absence of circumstances indicating the need to provide assistance in overcoming a difficult life situation, the housing goes into the owner’s indefinite use.

Important: The right to provide housing is reserved for persons who belong to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23 years, until they are actually provided with residential premises.

Application and documents

Due to the fact that providing orphans with apartments and other separate housing is the responsibility of the regions, they themselves develop procedures for working with this category of citizens. In particular, they assign work in this area to different departments. As a rule, this is handled by the guardianship and trusteeship authority.

You need to submit an application to the government agency. As a rule, people are added to the list of those in need of housing upon reaching 14 years of age, but if this has not been done, they can be placed on the waiting list even after reaching 18 years of age. The application may be submitted by the legal representative of such a child, by the guardianship authorities if the legal representatives improperly perform their duties, or by the beneficiary independently.

You should go to the administration with the following documents (and copies):

• statement;
• passport of a citizen of the Russian Federation (also photocopy the page with registration);
• birth certificate;
• a social tenancy agreement for residential premises or other documents confirming the right to use residential premises on the terms of social tenancy (if any);
• a document confirming the authority of the legal representative;
• power of attorney of the applicant's representative;
• documents confirming the impossibility of living in the previously occupied residential premises. Such evidence must be prepared in accordance with the procedure established by law;
• a document confirming the loss (absence) of parental (sole parent) care.

The main package is described above. Some regions may require additional documents. It depends on the established rules. In addition, federal legislation does not say anything regarding the application form, but a list of information has been approved that should be reflected in it. In principle, you can compose it at your own discretion. However, a region may develop its own form of this document. It is advisable to check this with an administration specialist.

Important: when visiting the administration, be sure to have all original documents with you.

Since January 2019, not only orphans themselves, but also their legal representatives can submit these applications. If, after 3 months from the moment the orphan child turns 14, the latter do not do this, such a right arises with the guardianship authorities.

About the queue for orphans

Registration of all children in this category is carried out by state agencies of guardianship and trusteeship. In particular, civil servants carefully monitor compliance with the housing rights of orphans. Those who need apartments are put on a waiting list. It is formed on the basis of data on the date of birth of orphans registered by the relevant authority.

When a young person initiates the issuance of housing, he ends up in the queue for the place where the specialist from the guardianship and trusteeship authority has placed him. He will receive an apartment immediately after the demands of the citizens registered in front of him are satisfied.

Important: changes in the law abolished the extraordinary distribution of housing to orphans. Now their demands are met depending on the capabilities of the municipalities.

Since January 2019, the procedure for registering orphans in housing has changed. Now registration can be carried out from the moment the orphan or child without parental care turns 14 years old. The responsibility for setting them rests with legal representatives. And in case of inaction of the latter within 3 months after the ward turns 14 years old - to the guardianship authorities. From the age of 18, an orphan can apply in person for registration.

Young people growing up in boarding schools often have no idea about their own rights. Another option is that they don’t understand where to go for their implementation. But there is no one to advise, there are no relatives.

The algorithm of actions is simple.

1. After the 18th birthday (at another time, but as close to this date as possible), you should go to the guardianship and trusteeship authority, where the young man is registered. And he is in the region from which this little citizen was sent to a boarding school.
2. The specialist of the required body needs to report your problems.

Important: it should be taken into account that the guardianship authorities employ civil servants, whose main responsibility is to ensure the fulfillment of the rights of children who are left without parental support and to protect their interests. They receive a salary for this.

1. These civil servants are obliged to make every effort to help the applicant in solving his problems. That is, they will tell you:
   • where to write an application;
   • how to compose it;
   • what papers to collect;
   • other, depending on the situation.

If the guardianship and trusteeship authority refuses to answer questions, then you can complain about them:

• management (this is in the local administration);
• superior organization (ministry of the relevant region);
• to the prosecutor's office.

Important: the competence of the prosecutor's office includes supervision of the work of the executive authorities. They carefully ensure that orphans are provided with everything that is required by law.

Last changes

In 2018, a new law was adopted that significantly changes the procedure for registering orphans in need of housing.

Our experts monitor all changes in legislation to provide you with reliable information.

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Video about how legislation works in the field of providing housing for orphans.

March 20, 2017, 20:57 Oct 12, 2019 00:47

Children who have received such social status as orphans are supported in every possible way by the state.

They have some mandatory obligations, which are designed to provide them with material support, training, and social adaptation.

All this is enshrined in a number of Federal regulatory documents, as well as other regulatory laws issued by regional authorities and federal subject entities.

Who belongs to this category

Before talking about what rights we are talking about, it is necessary to clearly understand the concept of an orphan, as well as a child who is left without the necessary care of his parents.

The first category is orphans. Their concept is clearly defined in the current legal framework. These are minors who were left without their parents, or one person who performed such duties (mother or father).

The law divides them into two age categories:

It follows from this that the concept of an orphan includes the death of parents, or one of them, who raised the child.

In addition, it is important to know that a citizen can receive the status of an orphan if there is no reliable information about the death of the mother and father, but they are declared missing or dead in accordance with the established legal procedure (by decision of a judicial authority).

The second category is children who were left without the guardianship of their mother and father. This concept means the failure of the mother, father, or both, to fulfill their responsibilities for the upbringing and proper maintenance of children. Therefore, deprivation of the rights of a mother and father in relation to their own children puts the latter in the category of those who were left without guardianship.

In simple words, if a child has parents, but they are deprived of legal rights in relation to him, then formally he is an orphan, that is, he remains without guardianship, and the state must take care of him.

Deprivation of the legal rights of parents in relation to their children can only occur by reasoned decision of a judicial authority.

Children left without guardianship are divided into two categories:

• those who are under 18 years of age, that is, minors or minors;
• those who were left without guardianship between the ages of 18 and 23, but at this moment are studying in stationary educational institutions of our state.

It is important to know that parents who have lost rights to their children can restore them. Therefore, the status of those left without guardianship may be removed from them, and they will automatically lose all benefits.

Legislative regulation

If speak about legislative acts, which determine and regulate the status of such persons, they are as follows:

It is important to know that our Constitution, the Family Code of Laws (code) and Federal regulations have the highest legal force. Acts of all subjects of the Federation cannot narrow the rights of these persons, but can only increase them.

Federal Law on Additional Social Guarantees

In fulfillment of the established responsibilities that the state assumed to provide for orphans and other persons who were deprived of maternal and paternal care, another legislative act was adopted. He expanded aspects of social assistance to the above citizens.

This is 159 The federal law“On additional guarantees for social support for orphans and children without parental care.” He sets some social rights and benefits, as well as guarantees, which will be discussed below.

Despite the fact that it was adopted in 1996, some of its points, according to the final provisions, came into force only on January 1, 1998. They concerned additional guarantees in education and labor relations between employers and the above category of persons.

The next aspect that you need to pay attention to is the requirement of Article 12 of this Law. It states that regulatory documents regulating benefits and various compensations for orphans, as well as those who are deprived of the care of their mother and father, which were issued by the President of our country, the Government, and in addition by regional (municipal) and other federal authorities, must have strict compliance with the above document.

It’s worth saying right away that it was adopted in 1996. According to changes from July 2016 It can be noted that additional benefits or compensation for these citizens of our country have not been reduced, but some expenses have been assigned to local (municipal) and regional budget authorities.

It is important to understand that in some cases, this Law allows regional and federal authorities to introduce additional benefits and guarantees for orphans and those who have lost parental care. But their introduction must be justified by the availability of funds in local and regional budgets to comply with the rules on necessary benefits and compensation.

List of assistance and compensation measures

What benefits, as well as other rights (compensations) are defined by this regulatory document:

1. Rights that provide additional legislative guarantees for obtaining education at the expense of our state.
2. Rights that provide guarantees for receiving free medical care in all, without exception, state and regional medical institutions.
3. The right to receive property, including housing.
4. Guarantees that give the right to work.
5. Guarantees related to the provision of free state legal assistance to such children.

This is the list of compensations, as well as other benefits that this category of citizens can count on. Let's look at each point in more detail.

In the first case, for orphans and those who are left without guardianship, the state guarantees benefits during the training process. These include the following rights:

• the opportunity to receive a free education, or to enroll in an educational institution of a higher class (this opportunity is provided to those who have graduated from a college or technical school and wish to continue their education at an educational institution of higher accreditation - a technical school, a higher educational institution), as well as to receive a second higher education;
• increased, which is 30-50% more than usual;
• mandatory compensation in the form of social financial assistance for the purchase of textbooks and writing instruments (payment of a sum of money that is equivalent to a triple scholarship once a year);
• free meals in any educational institution;
• provision of free place in a hostel;
• free training at state expense and placement for work and internships.

It is important to know that such benefits apply not only to regional educational institutions, but also to Federal ones. Federal educational institutions include universities that train specialists in the field of defense, as well as the protection of legal rights and freedoms of citizens (employees of law enforcement agencies, prosecutors and other government organizations).

The second category is medical service. This includes free treatment in all, without exception, state and municipal medical institutions, as well as the allocation of financial resources for operations outside the country. Also, this category of citizens does not pay for various operations, prosthetics and rehabilitation after serious injuries.

Medical benefits also include the free provision of various vouchers for health improvement or monetary compensation for purchased ones. Free travel to and from the health center is guaranteed.

After the allocation of residential meters, a short-term social rental agreement is signed with a person over 18 years of age for 5 years. After the expiration of such a period, under exceptional circumstances, it may be prolonged (extended). Also, housing can be given for long-term rental and become the property of the person.

The fourth category is right to work and social protection. These guarantees are divided into the following categories:

• if such a citizen is registered with the labor exchange, then he has every right to receive the average salary in the region for six months until he is employed;
• if the enterprise where the orphan works is liquidated, the employer is obliged to employ such a person in a new job;
• An orphan or a citizen left without parental care does not have the right to be reduced.

The fifth category of benefits is providing free legal advice and assistance. This requirement applies not only to defense in criminal proceedings, but also in civil ones. Denial of free legal assistance is a violation of the rights of such citizens.

Local regional authorities establish for orphans free pass in any city transport, not counting taxis, as well as payment of various financial amounts in the form of additional benefits.

Federal Law No. 159 significantly expanded the list of benefits and other benefits that are available to orphans and those without parental care. He also recommended that local governments introduce additional compensation, benefits and material rewards to improve their standard of living and social protection.

About Law 159 Federal Law and the housing problem of this category of citizens, see the following video: