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Guardianship is established over incompetent citizens and minor children. Guardianship and trusteeship bodies

Trusteeship is established overincapacitated citizens in the country. In the same way as guardianship. These two concepts are closely related. In Russia, many confuse custody and guardianship. In any case, these processes help to take responsibility for disabled and incompetent citizens. This mainly applies to underage children. What should I know about custody and guardianship? How to apply for one of the types of responsibility for citizens proposed earlier? How do these terms differ from each other? All this is necessary to know in order to understand the legislation of the country.

guardianship is established over

The legislative framework

The first step is to understandlegislative database of processes. The fact is that in Russia there is a law "On guardianship and guardianship". It indicates the main points and norms that apply to these concepts. We are talking about Federal Law No. 48 of April 24, 2008.

Only this set of rules suffers from time to timecertain changes. Not too significant, but they do. What should be paid attention to citizens who are interested in custody or guardianship of this or that person?

Controls

For example, who represents the power in the dataareas. There are so-called bodies of guardianship and guardianship. This is the state power of the country, which is responsible for issues related to the processes currently under study. It operates on the basis of the law "On Trusteeship". In connection with the recent changes, the guardianship and trusteeship agencies have the full right to delegate their powers to the bodies of local self-government.

What rights and duties does thisrepresentation of state power? There are a lot of them, but they are distributed mainly to minors who have been left without parental care. Also, the guardianship authorities should act in the interests of partially incapable and incompetent persons.

Main functions of guardianship bodies

What does the organization mentioned earlier do? It is already clear that it acts in the interests of incapacitated citizens. But what are the rights of the guardianship and guardianship bodies? What are the tasks facing this representation of the authorities?

child protection

This organization performs a variety of functions. Most often we are talking about minors. Therefore, among the main cases, which are the bodies of guardianship, we can distinguish:

  • monitoring of the realization of the rights of all minors;
  • protection of children;
  • Settlement of arising disputes between parents regarding the exercise of guardianship (for example, when choosing a name or method of education);
  • control over the property of minors.

This is not all the possibilities of the guardianship authorities. It can be concluded that the main task of this office is to protect the interests of the incapacitated population. The guardianship bodies participate in any disputes, including property disputes, when it comes to affecting the property or rights of minors, less likely to be incapacitated (fully or partially) citizens. Therefore, this representation in Russia is considered extremely important. What else does the Law on Guardianship and Guardianship provide? What features does it include?

Rights of guardianship and trusteeship bodies

What are the rights of the guardianship and trusteeship bodies? Since this organization acts in the interests of the incapacitated, it is allowed to take any measures of protection. In particular:

  • select children from any persons (even parents);
  • Identify minors who are deprived of all guardianship;
  • to check the living conditions of children;
  • arrange for minors who have been left without guardianship in specialized institutions (at home, children's homes, etc.);
  • issue conclusions about the possibility / inability to act as trustees / adopters / guardians.

In general, the rights and functions of these bodies are many. The Ministry of Social Development of Guardianship and Trusteeship is a place where citizens should apply before adoption of children, as well as in resolving disputes affecting the rights and interests of those who are incompetent. What else is important for the public?

guardianship and guardianship law

Guardianship is ...

For example, it is clear to distinguish between guardianship andguardianship. After all, these two concepts, although similar, they still have certain differences. Accordingly, the trustees and guardians have far from the same rights and responsibilities.

The first step is to find out what is guardianship. In Russia, this term refers to the form of the device of incompetent citizens who have been left without "supervision." There is one more feature here. Insolvency should be established in the courts. An exception is when underage children need custody. And nothing else.

As a rule, guardianship refers to the arrangement of minors under 14 years of age. Or adults who are recognized incompetent by holding a hearing.

Determination of guardianship

And what is tutelage? This term often appears in people's lives. Guardianship is established over citizens who have reached the age of 14. This is the form of the arrangement of minors who have remained without parental upbringing and care. Also this term can characterize the protection of the rights of citizens, who are partially incapacitated. That is, guardianship can, like guardianship, be established both over minors and over persons who have reached the age of 18.

This form of population structure hasa specific task. It is to protect individuals who are not fully aware of their actions, from unlawful acts and attacks by outsiders. The main difference of guardianship is a certain freedom of the ward's actions with the permission of the guardian. But guardianship requires mandatory receipt of approval from the guardianship authorities for a particular operation. For example, for any transaction with property.

rights of guardianship and trusteeship bodies

Rights of Trustees

Now it is clear that guardianshipis established over persons who have attained the age of 14 years. Also this form of the device of the population appears when it comes to partially incompetent citizens. Guardianship also applies to young children and people who have been judicially deprived of legal capacity. It has already been said that the rights of guardians and trustees differ from each other. But what exactly? Begin the study with the first group of people. Namely - with the trustees. They may or may:

  • to execute transactions on behalf of the person being guarded, except for cases when the incapacitated person himself must perform the deed (for example, one can not write a will);
  • To file lawsuits in courts on the invalidity of an agreement entered into by a trustee;
  • to draw up and present motions to recognize as valid the transactions that were carried out in favor of the ward, for the sake of his own benefit;
  • to bear responsibility for acts of an incapacitated person (property including).

The above mentioned opportunities and duties are available only to guardians. In any case, these persons must protect the interests of their wards. Especially it concerns property issues.

Trustees can ...

What else should I pay attention to? The matter is that the guardianship and guardianship of citizens gives the legal representatives different opportunities. Under any circumstances, capable citizens must protect the rights and interests of their wards. But how exactly are they allowed to act? Some special features of guardians were given earlier. And what about the trustees? They are obliged or can:

  • to give their consent to the implementation by the person to be cured of certain transactions;
  • to file claims for recognition of agreements concluded by a minor or partially capable person as invalid;
  • to bear the so-called subsidiary liability of property for the actions committed by the ward.

In Russia not all citizens can be trustees and trustees. What should I look for if the citizen decided to take responsibility for the care of this or that person?

Ministry of Social Development of Guardianship and Trusteeship

Prohibitions

First you need to find out who can notclaim the title of guardian or trustee. There are not many prohibitions, remember them easily. It does not matter what exactly is the case - the guardianship of children, their guardianship or whether they are adults who are incompetent. In any case, they do not have the right to guardianship or custody:

  • Those who were previously deprived of parental rights or restricted in them;
  • people who suffer from these or those addictions (drugs, alcohol, gambling);
  • persons who were removed from the role of guardian or trustee;
  • citizens with a conviction for crimes against honor and dignity, sexual freedom and immunity, public safety, family and morality;
  • people with unclear convictions for grave and especially grave violations;
  • citizens who are of same-sex marriage;
  • people with diseases that interfere with the provision of custody and guardianship.

Also, disabled people of the 1st group do not have the right to betrustees or guardians. After all, they often need some kind of care. There are no more significant restrictions. All other categories of the population have every right to act as guardians and trustees. Some requirements to these people are still put forward. Which ones? What should I look for?

Requirements

In order for guardianship overa child or an incompetent person (guardianship including), it is necessary to observe several rules. Requests that are nominated for applicants for the care of a citizen are as follows:

  • reaching adulthood (with emancipation enough age 16 years);
  • presence of full civil capacity for the candidate;
  • the absence of a previous decision to forfeit parental rights.

This is all that must necessarily beto be observed. Other aspects (for example, the availability of income and housing) are of secondary importance. The Guardianship Department necessarily studies the various moments of the candidate's life in trustees (trustees), then passes his verdict. What will be considered in the assessment?

underage children

Mechanisms of influence

In the case of children, guardianship authorities andguardianship will be extremely serious in dealing with issues related to the appointment of trustees or guardians. There are some aspects that can affect the course of events. The guardianship of children is established taking into account:

  • the ability of a potential representative to exercise care and custody of a child;
  • established relations between a minor and a candidate for custodians;
  • the desires of children-who they want to see next to each other;
  • The conditions of life that candidates can offer for the role of guardians;
  • the relationship of family members to the child.

As practice shows, quite often a serious roleplay a kinship. For example, it is more likely that a minor or an incapacitated person will be given to carry out supervision and care to a grandmother, rather than an absolutely stranger.

Documentation

What should be presented to the bodies of guardianship and trusteeship if you want to take responsibility for the child or another incompetent person? A potential candidate should bring with him:

  • autobiography;
  • identification;
  • application for custody / guardianship;
  • an extract of the financial and personal account of the dwelling;
  • documents on property rights to real estate;
  • an extract from the house book;
  • certificate of income (for the last year);
  • documents on the absence of a criminal record;
  • a lease agreement (if the apartment is in a rented apartment);
  • any evidence of a home (if there is no evidence of ownership and the lease);
  • medical opinion on the state of health (+ certificate from an expert in narcology);
  • marriage certificate (if any);
  • written consent of family members for guardianship / custody of a citizen (all persons who have reached the age of 10 write);
  • certificate of passage of a special school for guardians / trustees.

guardianship and custody of citizens

It's all. All materials provided will be studied in full. Guardianship is established over a child or an incompetent citizen, taking into account all previously listed factors. By the way, attending courses for future guardians is a must. Without him, it is impossible to obtain permission from the bodies of guardianship.

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