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On social support for orphans. Protecting the rights of children left without parental care

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Document's name:
Document Number:	61
Type of document:	Law of the city of Moscow
Host body:	Moscow City Duma
Status:	current
Published:
Acceptance date:	November 30, 2005
Effective start date:	January 01, 2006
Revision date:	05 June 2019

MOSCOW CITIES

On additional guarantees for social support for orphans and children left without parental care in the city of Moscow

Document as amended by:
Law of the city of Moscow dated June 25, 2008 N 25 (Bulletin of the Mayor and Government of Moscow, N 39, 08.07.2008).
(Official website of the Moscow City Duma, www.duma.mos.ru, 02.12.2013) (applies to legal relations that arose before the date of entry into force of the Federal Law of February 29, 2012 N 15-FZ "On Amendments to Certain Legislative Acts of the Russian Federation regarding the provision of living quarters for orphans and children left without parental care ", in the event that persons from among orphans and children left without parental care did not exercise their right to provide living quarters before January 1, 2013 );
Law of the city of Moscow dated June 24, 2015 N 36 (Official website of the Moscow City Duma www.duma.mos.ru, 06/30/2015);
(Official website of the Moscow City Duma www.duma.mos.ru, February 22, 2019);
(Official website of the Moscow City Duma www.duma.mos.ru, 06/13/2019).
____________________________________________________________________

This Law, in accordance with the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care" governs relations related to the establishment of additional guarantees for social support in the city of Moscow for children - orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study.
(Preamble as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 1. Concepts used in this Law

This Law uses the concepts defined by the Law of the city of Moscow dated April 14, 2010 N 12 "On the organization of guardianship, guardianship and patronage in the city of Moscow".
(Article as amended, put into effect on December 13, 2013 by the Law of the City of Moscow dated November 6, 2013 N 60. - See previous edition)

Article 2. Categories of citizens who are provided with additional guarantees for social support

Additional guarantees for social support established by this Law are provided to orphans and children left without parental care, to persons from among orphans and children left without parental care, to persons who have lost both parents or a single parent during the period of study, who have a place residence in the city of Moscow (hereinafter referred to as additional guarantees for social support for orphans and children left without parental care), unless otherwise provided by federal legislation, this Law, other laws and other regulatory legal acts of the city of Moscow.
Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

Article 3

The legal basis for additional guarantees for the social support of orphans and children left without parental care is the UN Convention on the Rights of the Child, the Constitution of the Russian Federation, the Family Code of the Russian Federation, the Federal Law "On additional guarantees for the social support of orphans and children left without parental care". without parental care", other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law, other laws and other regulatory legal acts of the city of Moscow.
(Article as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 4

Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

1. Additional guarantees for social support for orphans and children left without parental care, provided in accordance with this Law, other laws and other regulatory legal acts of the city of Moscow, are provided by the executive authorities of the city of Moscow.
Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

2. Executive authorities of the city of Moscow within their powers:

1) implement state policy in the field of social support and protection of the rights and interests of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study ;
Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

2) adopt legal acts on issues related to social support and protection of the rights and interests of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents during the period of education or a single parent, ensure the execution of these acts and exercise control over their execution;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3) create state organizations of the city of Moscow for orphans and children left without parental care (hereinafter referred to as state organizations for orphans and children left without parental care), including for children who are disabled children and children with limited health opportunities, in order to receive an education accessible for health reasons, including upbringing and vocational training;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4) ensure the development and implementation of measures aimed at social support for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, and carried out within the framework of individual state programs (subprograms of state programs) of the city of Moscow and non-program areas of activity of the executive authorities of the city of Moscow;
(Clause as amended by the Law of the City of Moscow of February 20, 2019 N 8; as amended by the Law of the City of Moscow of June 5, 2019 N 24. - See previous edition)

5) provide support to non-governmental organizations that carry out social and psychological adaptation and rehabilitation of orphans and children left without parental care, persons from among orphans and children left without parental care, including those contributing to the implementation of measures to protect their rights and interests, placement in a family, organization of treatment, recreation and rehabilitation, vocational guidance and employment, providing legal services, as well as providing other types of assistance and support to these categories of citizens.
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 5. Financial provision of additional guarantees for social support for orphans and children left without parental care

1. Provided by the Federal Law "On additional guarantees for the social support of orphans and children left without parental care" and this Law, additional guarantees for the social support of orphans and children left without parental care, with the exception of children studying in federal state educational organizations are expenditure obligations of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Additional measures of social support for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, with the exception of children studying in federal educational organizations are established by laws and other regulatory legal acts of the city of Moscow and are expenditure obligations of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. The amount of budgetary financing of organizations for orphans and children left without parental care is determined on the basis of the estimated standard of budgetary financing per child in accordance with the norms of nutrition, provision of clothing, footwear, soft equipment, equipment, household items, personal hygiene , games, toys, books, medicines, as well as other standard costs for the maintenance and service of these organizations, approved by the executive authority of the city of Moscow authorized by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4. The procedure and amount of payment of funds for the maintenance of children under guardianship (guardianship), in a foster family, in foster care, are established by laws and other regulatory legal acts of the city of Moscow.

Article 6. The right of orphans and children left without parental care to proper education and development

1. Orphans and children left without parental care are subject to transfer for upbringing to a family (adoption (adoption), guardianship (guardianship), to a foster family, to foster care), and in the absence of such an opportunity, temporarily, for a period up to their placements for family upbringing are transferred to organizations for orphans and children left without parental care.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Family upbringing of orphans and children left without parental care is a priority and best meets the interests and needs of the child. The transfer of a child to an organization for orphans and children left without parental care is allowed only if it is impossible to place him for upbringing in a family.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. Guardians (custodians), foster parents, foster carers, organizations for orphans and children left without parental care, as well as authorized bodies in the field of guardianship, guardianship and patronage, in accordance with family law and taking into account the interests of the child, take measures to maintaining his contacts with parents and other relatives.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4. The priority criterion for evaluating the effectiveness of the activities of guardianship and guardianship bodies, organizations for orphans and children left without parental care, are the results of their work on the placement of orphans and children left without parental care for upbringing in a family.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

5. In state and non-state institutions of the city of Moscow for orphans and children left without parental care, conditions for the stay of children should be created that are as close as possible to family ones.

Article 7

For reimbursement of expenses in connection with the adoption of a child in the city of Moscow, the adoptive parent (one of the adoptive parents) is provided with a lump-sum compensation payment in the manner and amount established by the Government of Moscow.

Article 7.1. Guarantees for orphans and children left without parental care placed under supervision in organizations for orphans and children left without parental care

1. Orphans and children left without parental care placed under supervision in state organizations for orphans and children left without parental care shall be fully supported by the state.

2. Norms for providing food, clothing, footwear, soft furnishings, equipment, household items, personal hygiene, games, toys, books, medicines for orphans and children left without parental care, placed under supervision in state organizations for children - orphans and children left without parental care, the norms of expenses for each child for cultural work, as well as the amount of funds for the personal needs of these children are approved by the executive authority of the city of Moscow authorized by the Government of Moscow and cannot be less than similar norms for providing for children - orphans and children left without parental care, established at the expense of the federal budget.

3. Graduates of state organizations for orphans and children left without parental care, enrolled in full-time education at the expense of the budget of the city of Moscow for basic professional educational programs and (or) for professional training programs for the professions of workers, positions of employees, a one-time cash compensation is provided for the purchase of clothing and footwear and a one-time cash allowance in the manner and amount established by the Moscow Government.

4. For graduates of state organizations for orphans and children left without parental care, with the exception of those enrolled in full-time education at the expense of the budget of the city of Moscow for basic professional educational programs and (or) for professional training programs for the professions of workers, positions of employees shall be subject to additional guarantees established by paragraph 9 of Article 8 of this Law.

5. For orphans and children left without parental care placed by authorized bodies in the field of guardianship, guardianship and patronage under supervision in non-governmental organizations for orphans and children left without parental care, and staying (stayed) in these organizations, the additional guarantees established by parts 1-4 of this article apply.

6. For orphans and children left without parental care, at the end of their stay in the family of a guardian (trustee), foster parents, foster caregivers in connection with reaching the age of 18, additional guarantees provided for by Part 3 of this Article shall apply, in the manner established by Moscow government.
(The article is additionally included from June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24)

Article 8. Additional guarantees of the right to education

1. The part became invalid from June 24, 2019 -. - See the previous edition.

2. The part became invalid from June 24, 2019 - Law of the city of Moscow dated June 5, 2019 N 24. - See the previous edition.

3. The part became invalid from June 24, 2019 - Law of the city of Moscow of June 5, 2019 N 24. - See the previous edition.

4. Orphans and children left without parental care, persons from among orphans and children left without parental care have the right to be admitted to the preparatory departments of state educational institutions of higher education in accordance with Federal Law No. of December 29, 2012 273-FZ "On Education in the Russian Federation", as well as admission for training at the expense of the budgetary allocations of the budget of the city of Moscow for the preparatory departments of state educational organizations of higher education in the city of Moscow in the manner established by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

5. Orphans and children left without parental care, persons from among orphans and children left without parental care, have the right to receive a second secondary vocational education under the training program for skilled workers, full-time employees and one-time training on professional training programs for the professions of workers, positions of full-time employees in accordance with the Federal Law "On additional guarantees for the social support of orphans and children left without parental care" . Orphans and children left without parental care, persons from among orphans and children left without parental care who have completed vocational training as part of the development of educational programs of secondary general education, educational programs of secondary vocational education, retain the right to a one-time training under vocational training programs for the professions of workers, positions of employees in full-time education at the expense of the budget of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

6. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying at the expense of the budget of the city of Moscow in full-time education for basic professional educational programs and (or) for professional training programs for the professions of workers, positions of employees, are fully supported by the state until the completion of training in the specified educational programs. Persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, educational organizations in which they study at the expense of the Moscow city budget in full-time education in basic professional educational programs and ( or) for professional training programs for the professions of workers, positions of employees, monthly monetary compensation is provided in order to provide food, clothing, footwear and soft equipment in the manner and amount established by the Moscow Government. The specified monetary compensation, with the consent of a person from among orphans and children left without parental care, a person who lost both parents or a single parent during the period of study, can be transferred to an account or accounts opened in the name of the specified person in a bank or banks, if provided that these funds, including capitalized (accrued) interest on their amount, are insured in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation and the total amount of funds held on an account or accounts in one bank does not exceed the amount stipulated by the Federal Law dated December 23, 2003 N 177-FZ "On insurance of deposits in banks of the Russian Federation"
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

7. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying at the expense of the budget of the city of Moscow in full-time education in state educational organizations of the city of Moscow for basic professional educational programs, in addition to full state support, a state academic scholarship is paid, the amount of which increases by at least 50 percent of the amount of the scholarship established for students in the specified educational programs in the corresponding state educational organization of the city of Moscow, state social scholarship in accordance with the Federal Law "On Education in the Russian Federation", as well as an annual allowance for the purchase of educational literature and writing materials in the manner and amount established by the Government of M osc.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

8. Graduates of organizations for orphans and children left without parental care, and persons from among orphans and children left without parental care, studying at the expense of the budget of the city of Moscow in full-time education in basic professional educational programs and (or ) according to professional training programs for the professions of workers, positions of employees, who come on vacation, weekends and holidays to these organizations or to other organizations for orphans and children left without parental care, or to organizations engaged in educational activities, by decision management bodies of these organizations can be credited for free meals and accommodation for the period of their stay in them.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

9. Graduates of organizations engaged in educational activities who were trained at the expense of the budget of the city of Moscow in full-time education in basic professional educational programs and (or) in professional training programs for the professions of workers, positions of employees, graduates of special educational and educational institutions of open and closed type in which they were educated and brought up at the expense of the budget of the city of Moscow - orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or their only parent during the period of education parents, with the exception of persons continuing full-time education in the specified educational programs at the expense of the budget of the city of Moscow, once at the expense of the relevant state educational organizations are provided with clothes, shoes, soft furnishings, equipment in accordance with the standards approved by the Government om of Moscow, and a one-time cash allowance in the manner and amount established by the Government of Moscow. At the request of the graduate, he may be given monetary compensation in the amount necessary to purchase the specified clothing, footwear, soft furnishings and equipment. With the consent of the graduate, these payments can be transferred to an account or accounts opened in his name in a bank or banks, provided that the specified funds, including capitalized (accrued) interest on their amount, are insured in the system of compulsory insurance of deposits of individuals in banks Russian Federation and the total amount of funds on the account or accounts in one bank does not exceed the amount of compensation for deposits provided for by the Federal Law "On insurance of deposits in banks of the Russian Federation".
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

10. The part became invalid from June 24, 2019 - Law of the city of Moscow dated June 5, 2019 N 24. - See the previous edition.

11. When providing orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying full-time education in basic vocational education programs at the expense of the budget of the city of Moscow, academic leave for medical reasons, leave for pregnancy and childbirth, leave to care for a child until he reaches the age of three years, they retain full state support for the entire period of these holidays and are paid a state academic scholarship and state social scholarship on the terms and in the manner established by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

12. For persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, who have reached the age of 23, accepted for full-time education at the expense of the budget of the city of Moscow for basic professional educational programs and (or) for professional training programs for the professions of workers, positions of employees until they reach the age of 23, additional guarantees established by parts 6, 7, 9 and 11 of this article apply in full until they complete their studies in the specified educational programs.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

13. Orphans and children left without parental care have the right to receive free additional education in organizations of additional education of the city of Moscow financed from the budget of the city of Moscow, as well as the right to receive sports and recreation services and sports training services in financed at the expense of the budget of the city of Moscow, physical culture and sports organizations of the city of Moscow. Expenses of additional education organizations in the city of Moscow related to the provision of additional education to orphans and children left without parental care, expenses of sports organizations in the city of Moscow related to the provision of sports and recreation services and sports training services to orphans and children, left without parental care are reimbursed in the manner determined by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

14. The part became invalid from June 24, 2019 - Law of the city of Moscow dated June 5, 2019 N 24. - See the previous edition.

15. The expulsion of orphans and children left without parental care from state educational organizations of the city of Moscow is possible only with the consent of the authorized body in the field of guardianship, guardianship and patronage and the commission for minors and the protection of their rights.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

16. Orphans and children left without parental care, persons from among orphans and children left without parental care, studying at the expense of the budget of the city of Moscow in full-time education in basic professional educational programs and (or) in programs of professional training in the professions of workers, positions of employees who are married to the same persons and have children, until the end of training, a monthly compensation payment for the maintenance of children is provided in the manner and amount established by the Moscow Government. This payment is also provided in cases of dissolution of marriage between the indicated persons, the death of one of the spouses, the birth of a child by a single mother.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 9

For orphans and children left without parental care, at the end of their stay in an organization for orphans and children left without parental care, in the family of a guardian (custodian), foster parents, foster caregivers in connection with reaching the age of 18 years, a lump-sum payment is provided in the manner and amount established by the Government of Moscow
(Article as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 10. Additional guarantees for the right to preferential travel

Orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, studying at the expense of the budget of the city of Moscow in full-time education on basic professional educational programs and (or) vocational training programs for the professions of workers, positions of employees, are provided with free travel in the ground public passenger transport of the city of Moscow, the Moscow metro, including the Moscow monorail transport system, and suburban railway transport, as well as free travel once a year to a place of residence located outside the city of Moscow, and back to the place of study in the manner prescribed by the Government of Moscow.
(Article as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 11. Additional guarantees of the right to medical care, rest and rehabilitation

(Name as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

1. Orphans and children left without parental care, persons from among orphans and children left without parental care in medical organizations of the state health care system are provided with free medical care, including high-tech medical care, medical examinations, health improvement , regular medical check-ups.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Orphans and children left without parental care, persons from among orphans and children left without parental care who are studying full-time in basic professional educational programs and (or) in vocational training programs for the professions of workers, positions employees are provided free of charge with prescription drugs.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. Orphans and children left without parental care, persons from among orphans and children left without parental care are provided with free vouchers to organizations for the recreation of children and their rehabilitation (to sanatorium and resort organizations - if there are medical indications), as well as paid travel to the place of treatment (rest) and back. The executive authorities of the city of Moscow ensure that orphans and children left without parental care, persons from among orphans and children left without parental care, vouchers for organizing children's recreation and their rehabilitation, subordinated to the executive authorities of the city of Moscow, in priority okay. In the case of self-acquisition of vouchers and payment for travel to and from the place of treatment (rest) by guardians (custodians), foster parents, foster caregivers of orphans and children left without parental care, or persons from among orphans and children left without care parents, they are provided with compensation for the cost of a voucher and travel to the place of treatment (rest) and back in the manner and amount established by the Moscow Government.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4. The procedure for reimbursement of expenses specified in this article is determined by the Moscow Government.

Article 12. Guarantees for orphans and children left without parental care, who are disabled children and children with disabilities

1. Orphans and children left without parental care, who are children with disabilities and children with disabilities, have the right to a worthy and full participation in society.

2. Orphans and children left without parental care, who are children with disabilities and children with disabilities, are provided with medical care based on early diagnosis, corrective and rehabilitation methods of treatment, prosthetics, are under the supervision of specialist doctors, if necessary are placed in accordance with the established procedure in specialized organizations of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 13. Additional guarantees of rights to property and living quarters

1. Orphans and children left without parental care, persons from among orphans and children left without parental care, having a place of residence in the city of Moscow, who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans and children left without parental care, persons from among them whose place of residence is the city of Moscow, who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or by the owners of residential premises, in the event that their residence in previously occupied residential premises is recognized as impossible, in accordance with federal legislation and in the manner established by the Government of Moscow, comfortable residential premises are provided once from the specialized housing stock of the city of Moscow under the agreements Lawyers for hiring specialized accommodation in the presence of at least one of the following circumstances:
Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

1) the place of identification and primary placement of a child for upbringing in a family or in an organization for orphans and children left without parental care, or the place of registration of his birth is the city of Moscow;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2) organizations for orphans and children left without parental care, in which these citizens have completed their stay, are located in the city of Moscow;

3) the city of Moscow is the place of residence of persons whose orphans and children left without parental care, orphans and children left without parental care, were raised in a family (guardianship (guardianship), foster family, foster care) on the basis of a decision of the authorized body in the field of guardianship, guardianship and patronage, provided that these citizens do not have housing in another locality of the Russian Federation.
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Residential premises shall be provided to the persons specified in paragraph 1 of this article, upon their written application, upon reaching the age of 18, as well as in the event that they acquire full legal capacity before reaching the age of 18 years. At the request in writing of the persons specified in Part 1 of this Article and who have reached the age of 18, living quarters are provided to them at the end of their stay in organizations for orphans and children left without parental care, as well as upon completion of vocational education or vocational training, or the end of military service by conscription, or the end of serving a sentence in correctional institutions.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. The authorized executive body of the city of Moscow, in the manner established by the Government of the Russian Federation, draws up a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons specified in Part 5.1 of this articles that are subject to provision with residential premises from the specialized housing stock of the city of Moscow under contracts for the rental of specialized residential premises (hereinafter referred to as the list). The list includes persons specified in paragraph 1 of this article who have reached the age of 14 years.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4. An application for inclusion in the list is submitted by the legal representatives of orphans and children left without parental care who have reached the age of 14 years, within three months from the day they reach the specified age or from the moment the grounds for providing residential premises provided for in the first paragraph of part 1 arise. of this article. The authorized body in the field of guardianship, guardianship and patronage exercises control over the timely submission by the legal representatives of orphans and children left without parental care of applications for the inclusion of these children in the list and, in case of failure to submit such applications, takes measures to include these children in the list. Orphans and children left without parental care who have acquired full legal capacity before they reach the age of majority, as well as persons from among orphans and children left without parental care, if they were not included in the list in the prescribed manner before they acquired full legal capacity before reaching the age of majority or before reaching the age of 18, respectively, and have not exercised their right to be provided with living quarters, they have the right to independently apply in writing for their inclusion in the list.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

5. Orphans and children left without parental care, persons from among orphans and children left without parental care are excluded from the list in cases provided for in paragraph 3.1 of Article 8 of the Federal Law "On Additional Guarantees for Social Support for Orphans and children left without parental care.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

5.1. The right to provide housing on the grounds and in the manner provided for in this article shall be reserved for persons who belonged 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, before the actual provision of their living quarters.
(The part is additionally included from June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24)

6. The residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or members of the families of tenants under social tenancy agreements or whose owners they are, is recognized impossible if it is contrary to the interests of these persons due to the presence of one of the following circumstances established by the authorized executive body of the city of Moscow:
(Paragraph as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See previous edition)

1) residence on any legal basis in such residential premises of persons:

a) deprived of parental rights in relation to these orphans and children left without parental care, persons from among orphans and children left without parental care;
Law of the city of Moscow dated June 5, 2019 N 24. - See previous edition)

b) suffering from a severe form of chronic diseases in accordance with the

c) who are former adoptive parents of these orphans and children left without parental care, persons from among orphans and children left without parental care, if the adoption (adoption) is canceled;
(Subparagraph as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

d) non-family members of these orphans and children left without parental care, persons from among them;

e) patients with chronic alcoholism, drug addiction and registered in a narcological dispensary;

f) duly recognized as incapacitated or limited in capacity;

2) the total area of the residential premises per one person living in this residential premises is less than the norm for providing the area of the residential premises under a social tenancy agreement in the city of Moscow, including if such a decrease occurs as a result of moving orphans into this residential premises and children left without parental care, persons from among orphans and children left without parental care;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3) residential premises are recognized as unsuitable for habitation on the grounds and in the manner established by housing legislation;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

4) the presence of orphans and children left without parental care, persons from among orphans and children left without parental care, a severe form of chronic diseases in accordance with the list specified in paragraph 4 of part 1 of Article 51 of the Housing Code of the Russian Federation, in which it is impossible to live together with them in the same living quarters;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

5) loss of living quarters during their stay in an organization for orphans and children left without parental care, or being raised in a family due to the demolition of a residential building, an apartment building, as well as transactions for the alienation or exchange of residential premises and the absence of an enforced court decision on the actual return of the dwelling.

7. The procedure for establishing the fact of the impossibility of residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or family members of tenants under social tenancy agreements or whose owners they are determined by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

8. Residential premises from the specialized housing stock of the city of Moscow under contracts for the rental of specialized residential premises are provided in the form of residential buildings, apartments that meet the requirements for the improvement of residential premises in relation to the city of Moscow, to the persons specified in part 1 of this article and included in the list, taking into account their minor children according to the norm for providing living space established by the legislation of the city of Moscow for social employment contracts. The total number of residential premises in the form of apartments provided in one apartment building to the persons specified in part 1 of this article is established by the Moscow Government in accordance with federal law. Residential premises from the specialized housing stock of the city of Moscow under contracts for the rental of specialized residential premises are not provided to foreign citizens, stateless persons, unless otherwise provided by an international treaty of the Russian Federation.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

9. A lease agreement for specialized residential premises is concluded with the persons specified in paragraph 1 of this article for a period of five years. At the end of the term of the contract for the rental of specialized residential premises and in the absence of circumstances indicating the need to provide assistance to the persons specified in Part 1 of this Article in overcoming a difficult life situation, the authorized executive body of the city of Moscow decides to exclude this residential premises from the specialized housing fund of the city of Moscow and on the conclusion with the persons specified in part 1 of this article, a social tenancy agreement in respect of this residential premises in the manner established by the Government of Moscow.

10. If circumstances are revealed that indicate the need to provide assistance to the persons specified in Part 1 of this Article in overcoming a difficult life situation, a lease agreement for specialized residential premises may be concluded for a new five-year period repeatedly by decision of the authorized executive body of the city of Moscow. The procedure for revealing these circumstances is established by the Moscow Government.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

11. Payment for residential premises and utilities by orphans and children left without parental care, persons from among orphans and children left without parental care, occupying residential premises under contracts for renting specialized residential premises, is made at rates, prices and tariffs established for tenants of residential premises under social tenancy agreements at the location of the residential premises. Orphans and children left without parental care, persons from among orphans and children left without parental care, who occupy living quarters under rental agreements for specialized residential premises and are recognized as poor in accordance with the procedure established by the Government of Moscow, are exempted from paying a fee for the use of housing premises (rental fees).
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

12. Orphans and children left without parental care, persons from among orphans and children left without parental care, occupying residential premises under contracts for renting specialized residential premises, for the duration of full-time education in basic professional educational programs and (or) under vocational training programs for the professions of workers, positions of employees are exempted from the cost of paying for housing and utilities.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

13. The authorized body in the field of guardianship, guardianship and patronage at the location of residential premises, by tenants or family members of tenants under social employment agreements or whose owners are orphans and children left without parental care, in cooperation with the authorized executive body of the city of Moscow is obliged to exercise control over the use and safety of these residential premises, their disposal, ensuring their proper sanitary and technical condition in the manner established by the Government of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

14. The authorized body in the field of guardianship, guardianship and patronage at the location of residential premises, tenants or family members of tenants under social employment agreements are orphans and children left without parental care, upon filing a claim for deprivation of parental rights or upon decision the question of the return of orphans and children left without parental care to residential premises, from where they were sent to organizations for orphans and children left without parental care, or to be brought up in a family, considers the issue of filing a lawsuit for the eviction of parents deprived of parental rights, from the residential premises occupied by them under a social rental agreement, if their cohabitation with children in respect of whom they are deprived of parental rights is impossible.

15. Authorized executive authorities of the city of Moscow at the location of residential premises, tenants or family members of tenants under social employment agreements or whose owners are orphans and children left without parental care, persons from among orphans and children left without care parents, organize the repair of these residential premises, the replacement of stoves, plumbing and other equipment, as well as other necessary measures to prepare residential premises for the settlement of orphans and children left without parental care, persons from among them, after the end of their stay in organizations for orphans and children left without parental care, or being raised in a family.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

16. In the event that orphans and children left without parental care, persons from among orphans and children left without parental care are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners living quarters, then for the period of their stay in organizations for orphans and children left without parental care, being raised in the family, as well as for the period of receiving vocational education in full-time education, they are exempted from the cost of paying for housing and utilities (with the exception of cases when the indicated persons or their legal representatives sublease the residential premises).
. - See previous edition)

1. The authorized executive authorities of the city of Moscow, when contacting them with orphans and children left without parental care, persons from among orphans and children left without parental care, assist these persons in the selection of suitable work and employment, organize them professional orientation in order to choose a field of activity (profession), employment, vocational training and additional professional education.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. For the first time looking for a job (previously not working) and for the first time recognized as unemployed orphans, children left without parental care, persons from among orphans and children left without parental care, unemployment benefits and scholarships in connection with the passage of vocational training and additional vocational education in the direction of the state employment service are paid in accordance with the Law of the Russian Federation of April 19, 1991 N 1032-I "On employment in the Russian Federation".
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. The conditions and procedure for quoting jobs for orphans and children left without parental care, persons from among orphans and children left without parental care are established by laws and other regulatory legal acts of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 15

(Name as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

1. Orphans and children left without parental care, as well as students from among orphans and children left without parental care, have the right to:
(Paragraph as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See previous edition)

1) for an extraordinary placement in the state educational organizations of the city of Moscow, implementing the educational program of preschool education, and free use of the services of these organizations;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2) for free meals in state educational organizations of the city of Moscow, implementing educational programs of primary general, basic general and secondary general education;
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3) for free visits to cultural organizations, museums, exhibition halls, art galleries, theaters, cinemas, parks of culture and recreation, a zoo and other cultural institutions and sports organizations financed from the budget of the city of Moscow, as well as cultural events , sports sections, sports competitions (subject to availability) and other events held (organized) by these organizations.
(Clause as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Children whose parents are persons from among orphans and children left without parental care, in an extraordinary manner and on preferential terms, are provided with places in state educational organizations of the city of Moscow that implement the educational program of preschool education. This guarantee is also provided in cases of dissolution of marriage between these persons, the death of one of the parents, the birth of a child by a single mother.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

3. The provision of guarantees provided for by this article shall be carried out in the manner determined by the Moscow Government.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 16. Responsibility for failure to comply with this Law

1. For failure to comply with this Law, officials of the state authorities of the city of Moscow, local self-government bodies of intracity municipalities in the city of Moscow, organizations and institutions of the city of Moscow shall be liable in accordance with federal legislation and the legislation of the city of Moscow.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

2. Legal acts of the executive authorities of the city of Moscow, adopted in violation of this Law, restricting the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent, or establishing such a procedure for the exercise of these rights, which significantly complicates their use, are recognized as invalid in the manner prescribed by law.
(Part as amended, entered into force on June 24, 2019 by the Law of the City of Moscow dated June 5, 2019 N 24. - See the previous edition)

Article 17. Entry into force of this Law

1. This Law shall enter into force on January 1, 2006, with the exception of Article 7, parts 14 and 16 of Article 8 and Article 9, which shall enter into force on July 1, 2006.

2. From the date of entry into force of this Law, the regulatory legal acts of the city of Moscow, adopted before the date of entry into force of this Law, providing for additional guarantees for the social support of orphans and children left without parental care, persons from among them, shall be applied in part, not contrary to this Law.

3. Propose to the Government of Moscow to adopt regulatory legal acts in order to implement this Law within three 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"

On additional guarantees for social support for orphans and children left without parental care in the city of Moscow (as amended on June 5, 2019)

Document's name:	On additional guarantees for social support for orphans and children left without parental care in the city of Moscow (as amended on June 5, 2019)
Document Number:	61
Type of document:	Law of the city of Moscow
Host body:	Moscow City Duma
Status:	current
Published:	Bulletin of the Mayor and Government of Moscow, N 71, 12/19/2005 Tverskaya, 13, N 154, 24.12.2005 Gazette of the Moscow City Duma, N 1, 01.02.2006
Acceptance date:	November 30, 2005
Effective start date:	January 01, 2006
Revision date:	05 June 2019

The state is trying to provide vulnerable categories of the population with all the necessary support measures. These citizens also include orphans who have lost their parents. They cannot count on the support of biological parents, therefore, numerous benefits are assigned to an orphan child. They are offered both at the federal level and at the regional level. Official representatives of the minor should learn about the possibility of their use.

Who can count on state support?

Benefits for an orphan child are assigned by the federal government and local authorities of the region of residence. To receive support, it is important to have the appropriate status. Orphans are minors who have no parents. The child must be left without the care of biological parents. Even children whose parents were deprived of the rights to minors are recognized as orphans.

Benefits are assigned to an orphan child in the following situations:

the minor does not have parents, and there is no way to establish their identity;
parents were deprived of their rights to children;
parents are declared missing by the court;
citizens are hospitalized without the possibility of recovery;
they are limited in their rights to minors;
declared dead;
are recognized as incompetent;
have limited legal capacity;
are serving sentences in places of deprivation or are in custody in the process of investigating various crimes;
parents refuse to take their children home from school, kindergarten or other state organizations.

In the above situations, children are recognized as orphans. Until they are 14 years old, they may be placed under guardianship by relatives or outsiders. As soon as they reach the age of 18, it is allowed to use guardianship.

On the basis of Federal Law No. 159, various support measures and privileges for children are assigned by the state. They can be used until reaching the age of majority. If an orphan prefers to continue full-time education, then he can continue to enjoy concessions.

Appointment of a special pension

The most significant measure of support for many orphans is the possibility of receiving a special pension. This payment to orphans is called a social pension.

If the child's parents have died, and at the same time they had insurance experience, then the minor is assigned an insurance pension. If the parents did not work, then they do not have insurance experience, therefore, until graduation from school or reaching the age of majority, the child will be assigned a social pension. It can be paid up to the age of 23 if a citizen decides to study full-time at a university.

In order for payments to be made even after the age of majority, it is important to choose only state institutions for training, and training should be carried out full-time. A citizen must receive higher education for the first time.

In addition to payments, additional guarantees for social support for orphans are assigned. They relate to different areas of activity, such as quality health care, free education, housing or receiving a discount on utility bills.

Types of medical benefits

Social guarantees for orphans allow them to cope with numerous life difficulties without the support of their parents. They even consist in providing certain benefits and concessions in the medical field. Therefore, children left without parental care can use the following support measures:

medical care is completely free if the child goes to a state polyclinic or hospital;
if special treatment is required, represented by various operations, rehabilitation, medical examination or health programs, they are offered free of charge;
if necessary, children are provided with free vouchers to sanatoriums or special health camps;
travel to the place of treatment or rehabilitation is paid from the funds of the regional budget;
Based on existing medical indications, additional treatment may be prescribed without the need for payment.

If at the time of the appearance of certain health problems an orphan is studying at a university, then a citizen can apply for academic leave at any time.

Education benefits

In the life of every person, the educational process is significant, as it provides an opportunity to gain knowledge, specific skills and abilities for further successful employment. Children who have lost their parents for various reasons can count on different measures of support. Pupils and students can independently choose which courses they will attend. They are paid for with funds allocated from the regional budget.

School benefits for orphans include the possibility of receiving free meals. In addition, various teaching aids are provided free of charge. Other assistance measures include:

the state helps financially with the purchase of basic necessities that are required when attending a school or university;
funds are provided for the purchase of school uniforms or seasonal clothing and footwear;
canteens of schools and higher educational institutions offer absolutely free meals.

Additionally, benefits are assigned to orphans when they enter a university. They can expect to enter the chosen institution without competition or with participation in a special program. If they study well, then they are awarded an increased scholarship.

Once a year, orphans receive special material assistance. It is equal to three times the amount of the scholarship. The main purpose of such a payment is the purchase of the necessary stationery, teaching aids or other items for training.

Assistance in the job search process

On the basis of Federal Law No. 159, various social support measures are assigned for children who, for various reasons, were left without parental support. This includes assistance in the process of finding a job. The main benefits include:

graduates of different universities can expect to receive free clothes, shoes and equipment for further work;
depending on the region, a one-time allowance is assigned, designed to provide for life in the process of looking for a job;
with adolescents aged 14 to 18 years, special work is carried out related to career guidance, which allows you to find out what abilities and skills children have, as well as where they would like to work in the future;
on the basis of medical indications, a diagnosis of professional suitability is carried out;
if an orphan becomes registered with the labor exchange, then within 6 months of a job search, unemployment benefits are assigned, even if the citizen has not previously worked officially;
if the company in which the orphan works is liquidated, then vocational training is provided at the expense of the employer.

You can take advantage of the above support measures when you are employed in state or commercial organizations. If, for various reasons, benefits are not provided to an orphan child, then a complaint is made to the local administration or the prosecutor's office.

Discounted utility bills

When paying utility bills, housing and communal services benefits are provided to orphans. If there are children under guardianship, then guardians can use this measure of support. The discount is equal to 50% of the amount indicated in the receipt.

Concessions are provided when paying for electricity, rent, water supply, gas, sanitation and other services. Such a measure of support is offered only by the local authorities of the regions, therefore, it is necessary to find out about the possibility of its registration directly with the regional administration.

Housing subsidies

The most significant is the provision of housing for orphans. Only children who do not have private property or a social apartment can count on such support. To obtain housing, there must be good reasons:

no object is registered for the child;
relatives do not have their own housing;
according to the documents, an orphan cannot become the recipient of any apartment or house in the future.

Under such conditions, the orphan simply does not have the conditions for normal living, so the state allocates appropriate premises. Often even help is offered if the child has housing, but it cannot be used for living on the basis of the conclusions drawn up by the SES and the fire inspectorate.

Conditions for obtaining an apartment

Housing is available under the following conditions:

the applicant should not be more than 23 years old, since if he reaches this age, then you can count on support only if the citizen is already on the waiting list for housing;
initially, an apartment is provided on the basis of a social lease agreement drawn up for 5 years, and if there are no problems and illegal actions on the part of the tenant, then the object is transferred to its perpetual use;
Accommodation is provided on a first-come, first-served basis.

In addition to a residential facility, the state offers monetary compensation, the amount of which is equal to the cost of optimal residential real estate.

How to apply for a housing allowance?

Social protection of orphans is well developed in Russia, but if an orphan wants to buy or receive housing, then he must independently arrange support. To do this, you need to contact the guardianship authorities. The following documents are being prepared:

a certificate stating that the citizen has completed his studies or military service;
a certificate confirming that no housing is registered for the orphan;
if the applicant has relatives, then confirmation is required that it is impossible to live with them in the same territory for one reason or another;
applicant's passport;
information about the composition of the family;
a certificate confirming that the citizen really has the official status of an orphan;
if there is a spouse, then a marriage certificate is prepared;
if there are children, copies of their birth certificates are transmitted;
a correctly drawn up application to the administration, on the basis of which the enrollment in the queue for receiving housing is carried out.

Documentation is considered within 30 days from the date of transfer. After that becomes an orphan in turn. On the basis of state support, an apartment is allocated under a social lease agreement.

Simultaneously with receiving housing, an orphan can count on exemption from utility bills for 5 years. The term for providing an apartment can vary significantly in different cities. Usually the procedure takes about a year, but it all depends on the state of the housing fund of the municipality.

Other support measures

Benefits for orphans who are under guardianship or in a boarding school depend not only on federal legislation, but also on the decisions of local authorities. Therefore, orphans can additionally count on the following types of assistance:

free travel in public transport;
for a trip by train, it is possible to buy a ticket for free once a year;
support is offered even to guardians who receive a monthly allowance intended for the care and upbringing of a child, and this may vary slightly in different regions;
in Moscow, guardians are offered a one-time allowance of 30,000 rubles, and 10,000 rubles are paid monthly for one child;
the specific amount depends on the region of residence of the guardian;
in some cities certain advantages are provided when placing a child in a kindergarten;
education in different music or sports schools is free of charge;
when a child visits different zoos, museums or other events and activities, it is not required to pay a ticket.

Such numerous benefits and support measures really make it possible to significantly simplify the life of orphans.

Design rules

Numerous benefits are provided only on a declarative basis, so guardians or orphans themselves must deal with their registration.

To receive support, you can contact the social security authorities, the Pension Fund or the MFC. At the same time, it is important to competently draw up applications and prepare other documents confirming that the applicant has the necessary status. Benefits and pensions begin to be transferred only 30 days after the submission of documentation.

When buying tickets, you must present a certificate confirming the status of an orphan.

Conclusion

Orphans belong to a vulnerable category of the population, so they are assigned numerous support measures. They are offered in various fields of activity, so children can count on free education and medicine, free food in educational institutions and a pension.

To obtain various benefits, it is necessary for guardians or direct orphans to apply to various state institutions with applications and other documents.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ADDITIONAL WARRANTY

FOR SOCIAL SUPPORT FOR ORPHANS AND CHILDREN,

LEFT WITHOUT PARENTAL CARE

State Duma

Federation Council

(as amended by the Federal Laws of February 8, 1998 N 17-FZ,

N 122-FZ, dated 12/17/2009 N 315-FZ)

full state provision and additional guarantees for social support in obtaining vocational education - provision of orphans and children left without parental care, persons from among orphans and children left without parental care, studying in state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the relevant budgets of the budgetary system of the Russian Federation, free meals, free set of clothes, shoes and soft equipment, free hostel and free medical care or reimbursement of their full cost, as well as legally fixed additional measures for social protection the rights of orphans and children left without parental care, and persons from among orphans and children left without parental care, until the end of education;

(as amended by Federal Laws of 02.07.2013 N 185-FZ, of 25.11.2013 N 317-FZ)

graduates of organizations for orphans and children left without parental care - persons who are placed under supervision in an organization for orphans and children left without parental care, on full state support and have completed their stay in this organization;

During the period of study in state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the relevant budgets of the budget system of the Russian Federation for persons from among orphans and children left without parental care, for students who lost during this period both or the only parent, if they reach the age of 23, they retain the right to full state support and additional guarantees for social support when receiving secondary vocational education or higher education until the end of their studies in the specified educational programs.

N 315-FZ, dated 11/16/2011 N 318-FZ, dated 07/02/2013 N 185-FZ)

(as amended by Federal Laws of December 17, 2009 N 315-FZ, of November 16, 2011 N 318-FZ, of July 2, 2013 N 185-FZ)

2. Orphans and children left without parental care, persons from among orphans and children left without parental care are provided with vouchers to health camps, to sanatorium organizations if there are medical indications, and travel to the place of treatment is also paid and back.

(as amended by Federal Laws of 22.08.2004 N 122-FZ, of 02.07.2013 N 167-FZ, of 02.07.2013 N 185-FZ, of 25.11.2013 N 317-FZ)

ConsultantPlus: note.

Effect of the provisions of Article 8 distributed by on legal relations that arose before January 1, 2013, in the event that orphans and children left without parental care, persons from among orphans and children left without parental care, did not exercise their right to provide housing until the day entry into force of Federal Law No. 15-FZ dated February 29, 2012.

This Federal Law defines the general principles, content and measures of social support for orphans and children left without parental care, as well as persons from among orphans and children left without parental care.

(as amended by Federal Laws of 22.08.2004 N 122-FZ, of 17.12.2009 N 315-FZ)

full state provision and additional guarantees for social support in obtaining vocational education - provision of orphans and children left without parental care, persons from among orphans and children left without parental care, studying in state-accredited educational programs of secondary vocational education or higher education full-time education at the expense of the relevant budgets of the budgetary system of the Russian Federation, free food, free set of clothes, shoes and soft equipment, free hostel and free medical care or reimbursement of their full cost, as well as legally fixed additional measures for social protection the rights of orphans and children left without parental care, and persons from among orphans and children left without parental care, until the end of education;

3. Orphans and children left without parental care, persons from among orphans and children left without parental care, studying in state-accredited educational programs of secondary vocational education or higher education in full-time education at the expense of the relevant budgets of the budgetary systems of the Russian Federation, as well as students who lost both parents or a single parent during the period of study, are enrolled in full state support until the end of their studies.

The amount and procedure for paying benefits for the purchase of educational literature and writing materials, as well as wages accrued during the period of industrial training and work practice, to orphans and children left without parental care, to persons from among orphans and children left without care parents studying at the expense of the budgets of the constituent entities of the Russian Federation or local budgets for state-accredited educational programs 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.

10. Orphans and children left without parental care, persons from among orphans and children left without parental care, who study at the expense of the federal budget on state-accredited educational programs, are provided with free travel in urban, suburban, rural areas on intra-district transport (except for taxis), as well as free travel once a year to the place of residence and back to the place of study.

(as amended by Federal Laws of December 17, 2009 N 315-FZ, of November 16, 2011 N 318-FZ, of July 2, 2013 N 185-FZ)

The procedure for the travel of orphans and children left without parental care, persons from among orphans and children left without parental care, studying at the expense of the budgets of the constituent entities of the Russian Federation or local budgets according to state-accredited educational programs, in the city, suburban, in rural areas by intra-district transport (except for taxis), as well as travel once a year to the place of residence and back to the place of study is determined by the regulatory legal acts of the constituent entities of the Russian Federation.

(as amended by Federal Laws of December 17, 2009 N 315-FZ, of November 16, 2011 N 318-FZ, of July 2, 2013 N 185-FZ)

(as amended by Federal Law No. 315-FZ of December 17, 2009)

3. Failure to perform or improper performance by officials of federal bodies of state power of their duties stipulated by this Federal Law shall entail disciplinary, administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

of this Federal Law shall enter into force on January 1, 1998.

The president

Russian Federation

Moscow Kremlin

In order to implement the provisions of Article 13 of the Law of the City of Moscow dated November 30, 2005 N 61 "On additional guarantees for social support for orphans and children left without parental care in the city of Moscow" decides:

1. Approve:

1.1. The procedure for compiling a list of orphans and children left without parental care, persons from among orphans and children left without parental care to be provided with living quarters from the specialized housing stock of the city of Moscow under contracts for hiring specialized living quarters (Appendix 1).

1.2. The procedure for establishing the fact that orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants under social tenancy agreements or family members of the tenant under a social tenancy agreement, or which they own (Appendix 2).

1.3. The procedure for providing orphans and children left without parental care, persons from among orphans and children left without parental care, residential premises from the specialized housing stock of the city of Moscow under contracts for hiring specialized residential premises (Appendix 3).

1.4. The procedure for identifying circumstances indicating the need to provide assistance to persons from among orphans and children left without parental care in overcoming a difficult life situation, providing them with housing under social rental agreements or providing them with housing from a specialized housing stock of the city of Moscow under agreements hiring specialized residential premises for a new term (Appendix 4).

1.5. The procedure for exercising control over the use, disposal and ensuring the proper sanitary and technical condition of residential premises by tenants under social tenancy agreements or family members of the tenant under a social tenancy agreement or whose owners are orphans and children left without parental care (Appendix 5).

1.6. The procedure for recognizing orphans and children left without parental care, persons from among orphans and children left without parental care as poor in order to exempt them from paying fees for the use of residential premises provided from the specialized housing stock of the city of Moscow under rental agreements specialized residential premises (Appendix 6).

2. To determine that the Department of City Property of the City of Moscow provides housing for orphans and children left without parental care, orphans and children left without parental care, based on the conclusions of the City Interdepartmental Commission for Solving Housing Issues of Children - orphans and children left without parental care, persons from among orphans and children left without parental care.

3. Establish that in relation to residential premises previously provided in the city of Moscow to orphans and children left without parental care, persons from among orphans and children left without parental care, under contracts for gratuitous use, the procedure and conditions apply, on which the said residential premises were provided, before the expiration of the said contracts. Upon the expiration of the contracts for gratuitous use, the issue of concluding a social tenancy contract or concluding a contract for the rental of specialized residential premises is considered in the manner provided for in Appendix 4 to this resolution.

4. Amend the Decree of the Government of Moscow dated "On the implementation of social support measures for orphans and children left without parental care, persons from among them to pay for housing and utilities in the city of Moscow":

4.1. In the title of the resolution, the words "to persons from among them" shall be replaced by the words "to persons from among orphans and children left without parental care."

4.2. The preamble of the resolution shall be stated in the following wording:

"In order to implement the social support measures provided for by Article 13 of the Law of the City of Moscow dated November 30, 2005 N 61 "On additional guarantees for social support for orphans and children left without parental care in the city of Moscow", decides: ".

4.3. In clause 1.1 of the resolution, the words "and persons from among them" shall be replaced by the words "persons from among orphans and children left without parental care".

4.4. In paragraph 1.2 of the resolution, the words "and persons from among them" shall be replaced by the words "persons from among orphans and children left without parental care", the words "issued by guardianship and guardianship authorities" shall be replaced by the words "issued by authorized bodies in the field of organization and on guardianship, guardianship and patronage in the city of Moscow (hereinafter referred to as the authorized bodies in the field of guardianship, guardianship and patronage)", the words "by the head of an institution for orphans and children left without parental care, persons from among them in relation to children placed in state and non-state educational institutions" shall be replaced by the words "heads of organizations for orphans and children left without parental care, in relation to children placed under supervision in these organizations".

4.5. In paragraph 1.3 of the resolution, the words "persons from among them" shall be replaced by the words "persons from among orphans and children left without parental care,".

4.6. In paragraph 1.4 of the resolution, the words "and persons from among them who are full-time students in institutions of primary, secondary and higher vocational education" shall be replaced by the words "persons from among orphans and children left without parental care who are full-time students in vocational educational organizations or educational organizations of higher education for basic professional educational programs", the words "educational institutions" shall be replaced by the words "educational organizations".

4.7. In paragraph 1.5 of the resolution, the words "persons from among them identified and sent to institutions" shall be replaced by the words "persons from among orphans and children left without parental care, identified and sent to organizations for orphans and children left without parental care ,", the words "instructions (decisions) of the guardianship and guardianship body" shall be replaced by the words "the act of the authorized body in the field of guardianship, guardianship and patronage".

4.8. Paragraph 3 of the resolution is recognized as invalid.

4.9. Paragraph 5 of the resolution shall be stated in the following wording:

"5. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in charge of housing and communal services and landscaping Biryukov P.P."

4.10. The appendix to the resolution shall be stated in the wording in accordance with Annex 7 to this resolution.

5. Amend the Decree of the Government of Moscow dated "On the procedure and conditions for providing measures of social support for citizens to pay for housing and utilities" (as amended by the Decrees of the Government of Moscow dated, from, from, from, from, from, from), setting out the first paragraph paragraph 1.10 of the appendix to the resolution as follows:

"1.10. Orphans and children left without parental care, persons from among orphans and children left without parental care, registered at the place of residence in residential premises of the state housing stock or being owners of residential premises, for the duration of their stay in organizations for orphans and children left without parental care, being in family upbringing, as well as for the period of full-time education in professional educational organizations or educational institutions of higher education in basic professional educational programs (except for cases when the specified persons or their legal representatives of residential premises in sublease):".

6. Recognize as invalid:

6.1. Decree of the Government of Moscow of April 6, 1993 N 303 "On the provision of housing for graduates of orphanages in the city."

6.2. Decree of the Government of Moscow of August 13, 1996 N 686 "On making an addition to the Decree of the Government of Moscow of 06.04.93 N 303 "On providing housing for graduates of orphanages in the city."

6.3. Decree of the Government of Moscow of August 31, 1999 N 797 "On measures for social support and protection of the rights of orphans and children left without parental care - graduates of orphanages and boarding schools."

6.4. Decree of the Government of Moscow from "On the provision of living quarters in the city of Moscow for orphans and children left without parental care, persons from among them."

6.8. Clause 2 of the Decree of the Government of Moscow dated "On Amending the Legal Acts of the City of Moscow and Recognizing the Legal Acts of the City of Moscow as invalid".

7. Determine that information on the conditions and procedure for providing orphans and children left without parental care, persons from among orphans and children left without parental care with living quarters in the city of Moscow is posted on information stands in the premises of state organizations for orphans and children left without parental care, the city of Moscow, information stands of the departments of social protection of the population of the city of Moscow, the official website in the information and telecommunication network Internet.

8. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in charge of social development Pechatnikov L.M. and Deputy Mayor of Moscow for Economic Policy and Property and Land Relations Sergunina N.A.

Mayor of Moscow

S.S. Sobyanin

Attachment 1

to the decision of the Government

FORMATION OF A LIST OF ORPHANS AND CHILDREN LEFT

WITHOUT CARE OF PARENTS, PERSONS FROM THE NUMBER OF ORPHANS AND CHILDREN,

LEFT WITHOUT PARENTAL CARE TO BE PROVIDED

RESIDENTIAL PREMISES FROM THE SPECIALIZED HOUSING FUND

CITIES OF MOSCOW UNDER CONTRACTS OF HIRE SPECIALIZED

RESIDENTIAL PREMISES

1. The procedure for compiling a list of orphans and children left without parental care, persons from among orphans and children left without parental care to be provided with living quarters from the specialized housing stock of the city of Moscow under contracts for hiring specialized residential premises (hereinafter - the Procedure ), regulates legal relations related to the formation of a list of orphans and children left without parental care, persons from among orphans and children left without parental care who are citizens of the Russian Federation (hereinafter, respectively - orphans, persons from among children -orphans) to be provided with residential premises from the specialized housing stock of the city of Moscow under contracts for the rental of specialized residential premises (hereinafter referred to as the list).

3. The list includes orphans, persons from among orphans:

3.1. Having a place of residence in the city of Moscow.

3.2. Having no place of residence in the city of Moscow, located in state organizations of stationary social services in the city of Moscow.

3.3. Having no place of residence in the city of Moscow, placed under supervision in an organization for orphans and children left without parental care, authorized bodies in the field of organization and activities for guardianship, guardianship and patronage in the city of Moscow (hereinafter referred to as the authorized bodies in the field of guardianship, guardianship and patronage).

4. The legal representatives of orphans, including organizations for orphans and children left without parental care, from among:

4.1. Legal representatives of orphans who are being raised in a family - to the authorized body in the field of guardianship, guardianship and patronage at their place of residence, and in the case of residence with a ward in another subject of the Russian Federation or outside the Russian Federation - to the authorized body in the field of guardianship, guardianship and patronage, who has adopted an act on the appointment of a guardian (custodian, foster parent, foster caregiver).

4.2. Legal representatives of orphans who are under supervision in organizations for orphans and children left without parental care operating in the city of Moscow and duly registered as taxpayers in the city of Moscow - to the authorized body in the field of guardianship, guardianship and patronage at the location of this organization.

4.3. Legal representatives of orphans who are under supervision in organizations for orphans and children left without parental care operating outside the territory of the city of Moscow, in which these children are placed by authorized bodies in the field of guardianship, guardianship and patronage - to the authorized body in the field of guardianship, guardianship and patronage, a certain .

5. In the event that the grounds provided for by the regulatory legal acts of the Russian Federation or the regulatory legal acts of the city of Moscow arise for considering the issue of providing residential premises to orphans after they reach the age of 14, the legal representatives of orphans within a period not later than 30 calendar days from the date of occurrence of such grounds or from the day when they became aware of their occurrence, apply for inclusion in the list in writing in the manner prescribed by paragraph 4 of this Procedure.

6. Orphans who have acquired full legal capacity before they reach the age of 18, persons from among orphans, as well as persons who belonged to the category of orphans, persons from among orphans and have reached the age of 23 years, if they are not were included in the list in the manner prescribed by this Procedure, or did not exercise their right to provide housing before January 1, 2013, independently apply for inclusion in the list in writing to the authorized body in the field of guardianship, guardianship and patronage for to their place of residence or to a subordinate authorized organization (hereinafter referred to as the authorized organization).

8. Simultaneously with the application for inclusion in the list, the following shall be submitted:

8.1. Birth certificate of an orphan child or a person from among orphans.

8.2. Passport or other document proving the identity of an orphan child or a person from among orphans.

8.3. A document proving the identity of the legal representative of the orphan child, and a document confirming his authority (in the case of applying for inclusion in the list of the legal representative of the orphan child).

8.4. A document certifying that an orphan child has acquired full legal capacity before reaching the age of 18 (in the case of an application for inclusion in the list of an orphan child who has acquired full legal capacity before he reaches the age of 18).

8.5. A document confirming the loss of parental care by an orphan child, a person from among orphans, provided for by the legislation of the Russian Federation.

8.6. An act of the authorized body in the field of guardianship, guardianship and patronage on the appointment of a guardian (custodian, foster parent, foster caregiver) for an orphan child or on placing him under supervision in an organization for orphans and children left without parental care, containing information about the right of the child - an orphan who is not a tenant of a dwelling under a social tenancy agreement or a family member of a tenant of a dwelling under a social tenancy agreement or an owner of a dwelling, to provide a dwelling in the manner and on the terms established by the regulatory legal acts of the Russian Federation and the regulatory legal acts of the city of Moscow ( in the case of an application for inclusion in the list of an orphan child or a person from among orphans who is not a tenant of a dwelling under a social tenancy agreement or a family member of a tenant of a dwelling under a social tenancy agreement or the owner of a dwelling).

8.7. A document confirming that an orphan child or a person from among orphans is a tenant of a dwelling under a social tenancy agreement or a family member of a tenant of a dwelling under a social tenancy agreement or an owner of a dwelling (in case of applying for inclusion in the list of an orphan child or a person from among orphans who is a tenant of a dwelling under a social tenancy agreement or a family member of a tenant of a dwelling under a social tenancy agreement or the owner of a dwelling).

8.8. The decision to establish the fact of the impossibility of residence of an orphan child or a person from among orphans in the living quarters previously occupied by him, by a tenant under a social tenancy agreement or a family member of the tenant under a social tenancy agreement or the owner of which he is, issued in the prescribed manner (in the case of an application for inclusion in the list of an orphan child or a person from among orphaned children who is a tenant of a dwelling under a social tenancy agreement or a family member of a tenant of a dwelling under a social tenancy agreement or the owner of a dwelling).

9. The documents specified in paragraphs 8.2, 8.3 of this Procedure shall be submitted by the legal representatives of orphans, the persons indicated in paragraph 5 of this Procedure (hereinafter also referred to as the applicants), in copies with the presentation of the original documents.

Applicants are not required to submit the documents specified in paragraphs 8.1, 8.4, 8.5, 8.6, 8.7, 8.8 of this Procedure, which are requested by the authorized bodies in the field of guardianship, guardianship and patronage as part of interdepartmental interaction. Applicants have the right to submit these documents on their own initiative. At the same time, these documents are submitted in copies certified in accordance with the established procedure, or in copies with the presentation of the original documents.

10. The authorized body in the field of guardianship, guardianship and patronage, no later than 30 calendar days from the date of receipt of the application for inclusion in the list and the documents specified in paragraph 8 of this Procedure, shall verify the information provided, including by sending relevant requests to the authorities state authorities of the Russian Federation, constituent entities of the Russian Federation and local governments.

11. If the submitted documents contain incomplete or inaccurate information, the application for inclusion in the list and the submitted documents, no later than three working days from the date of completion of the activities provided for in paragraph 10 of this Procedure, are returned to the applicants indicating the reasons for such a return in a manner that provides confirmation of their receipt. .

12. When applying again, a new application for inclusion in the list and the documents attached to it are considered in the manner and terms provided for by this Procedure.

13. When establishing the completeness of the submitted documents and the accuracy of the information contained therein, the authorized body in the field of guardianship, guardianship and patronage, no later than three working days from the date of completion of the activities provided for in paragraph 10 of this Procedure, sends an application for inclusion in the list and the specified documents to authorized organization.

14. When the applicant referred to in paragraph 5 of this Procedure applies to the authorized organization, the consideration of the application for inclusion in the list and the documents attached to it is carried out in the manner and within the time limits provided for in paragraphs 10-12 of this Procedure.

15. The authorized organization, no later than 30 calendar days from the date of receipt of the application for inclusion in the list and the documents attached to it, sent in accordance with paragraph 13 of this Procedure, or from the day the authorized organization completes the activities provided for in paragraph 10 of this Procedure, prepares a draft decision on the inclusion of orphans, persons from among orphans in the list or on the refusal to include orphans, persons from among orphans in the list, which, within the specified period, with the attachment of documents, sends to.

Appendix 2

to the decision of the Government

ESTABLISHING THE FACT OF THE IMPOSSIBILITY OF RESIDENCE OF ORPHAN CHILDREN

AND CHILDREN LEFT WITHOUT PARENTAL CARE, PERSONS FROM THE

ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE,

IN PREVIOUSLY OCCURATED RESIDENTIAL PREMISES, BY TENANTS

UNDER SOCIAL EMPLOYMENT AGREEMENTS OR BY MEMBERS OF THE EMPLOYER'S FAMILY

UNDER SOCIAL LEASE AGREEMENT OR BY OWNERS

WHAT THEY ARE

1. The procedure for establishing the fact of the impossibility of living for orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants under social employment contracts or by members of the tenant's family under a social contract employment or owners of which they are (hereinafter referred to as the Procedure), regulates legal relations related to the establishment of the fact of the impossibility of living for orphans and children left without parental care, persons from among orphans and children left without parental care who are citizens of the Russian Federation (hereinafter, respectively - orphans, persons from among orphans), in previously occupied residential premises located on the territory of the city of Moscow, by tenants under social tenancy agreements or family members of the tenant under a social tenancy agreement or whose owners they are (hereinafter also - previously occupied dwelling).

2. The issues of establishing the fact of the impossibility of residence of orphans or persons from among orphans in previously occupied residential premises in accordance with this Procedure are considered by the City Interdepartmental Commission for the resolution of housing issues of orphans and children left without parental care, persons from among children - orphans and children left without parental care (hereinafter referred to as the Commission), created by the order of the Government of Moscow dated "On the establishment of the City Interdepartmental Commission to address the housing issues of orphans and children left without parental care, persons from among orphans and children, left without parental care.

3. The formation of the agenda of the meeting of the Commission and the submission for its consideration of issues on establishing the fact of the impossibility of residence of orphans or persons from among orphans in previously occupied residential premises shall be carried out by a subordinate authorized organization (hereinafter referred to as the authorized organization).

4. Decisions to establish the fact that an orphan child, a person from among orphans cannot live in a previously occupied residential premises or to refuse to establish the fact that an orphan child, a person from among orphans cannot live in a previously occupied residential premises, are taken either by the department of social protection of the population of the city of Moscow in the event of the assignment of such powers in the prescribed manner.

5. With a written statement on the establishment of the fact of the impossibility of residence of orphans in previously occupied residential premises (hereinafter referred to as the statement on the establishment of the fact of the impossibility of residence) no later than six months before the achievement of orphans of the age of 14 years, apply the legal representatives of children - orphans, including organizations for orphans and children left without parental care, from among:

5.1. Legal representatives of orphans who are being raised in a family - to the authorized body in the field of organization and activities for guardianship, guardianship and patronage in the city of Moscow (hereinafter referred to as the authorized body in the field of guardianship, guardianship and patronage) at their place of residence in the city of Moscow , and in the case of living with a ward in another subject of the Russian Federation or outside the Russian Federation - to the authorized body in the field of guardianship, guardianship and patronage at the location of the residential premises in the city of Moscow.

5.2. Legal representatives of orphans who are under supervision in organizations for orphans and children left without parental care operating in the city of Moscow, duly registered as taxpayers in the city of Moscow - to the authorized body in the field of guardianship, guardianship and patronage at the location of this organization.

5.3. Legal representatives of orphans who are under supervision in organizations for orphans and children left without parental care operating outside the territory of the city of Moscow, in which these children are placed by authorized bodies in the field of guardianship, guardianship and patronage - to the authorized body in the field of guardianship, guardianship and patronage, a certain .

6. In the event of the occurrence of the grounds provided for by the regulatory legal acts of the Russian Federation or the regulatory legal acts of the city of Moscow to establish the fact that orphans cannot live in previously occupied residential premises after they reach the age of 14 years, the legal representatives of orphans no later than 30 calendar days from of the day such grounds arise or from the day when they became aware of their occurrence, apply with an application to establish the fact of the impossibility of residence in the manner prescribed by paragraph 5 of this Procedure.

7. Orphans who have acquired full legal capacity before they reach the age of 18, persons from among orphans, as well as persons who belonged to the category of orphans, persons from among orphans and have reached the age of 23 years, if in respect of their legal representatives, in the manner prescribed by this Procedure, did not apply to establish the fact of the impossibility of residence, or these persons did not exercise their right to provide living quarters before January 1, 2013, independently apply for the establishment of the fact of the impossibility of residence to the authorized body in the field of guardianship, guardianship and patronage at their place of residence in the city of Moscow or to an authorized organization.

9. Simultaneously with the application for establishing the fact of the impossibility of residence, the following shall be submitted:

9.1. A document proving the identity of an orphan child or a person from among orphans.

9.2. A document proving the identity of the legal representative of the orphan child and a document confirming his authority (in the case of an application to establish the fact of the impossibility of residence of the legal representative of the orphan child).

9.3. A document certifying that an orphan child has acquired full legal capacity before reaching the age of 18 (in the case of an application to establish the fact of the impossibility of living for an orphan child who has acquired full legal capacity before he reaches the age of 18 years).

9.4. An act of the authorized body in the field of guardianship, guardianship and patronage on the appointment of a guardian (trustee, foster parent, foster caregiver) for an orphan child or on placing him under supervision in an organization for orphans and children left without parental care, containing information on the establishment of control for the use, disposal and provision of the proper sanitary and technical condition of the previously occupied residential premises (in the event of an application to establish the fact of the impossibility of residence of an orphan child or a person from among orphans who is a tenant of residential premises under a social tenancy agreement or a family member of the tenant of a residential premises under a social tenancy agreement or by the owner of the dwelling).

9.5. A document confirming the right to use an orphan child or a person from among orphans previously occupied by residential premises (social tenancy agreement, warrant, decision to provide residential premises, certificate of ownership of residential premises or other document provided for by the Housing Code of the Russian Federation).

9.6. A housing document (a single housing document, an extract from a house register, a copy of a financial personal account or other document) containing information about persons legally residing together with an orphan child or a person from among orphans in a previously occupied residential premises, including persons temporarily absent in the residential premises, but having the right to use (possession) of the residential premises.

9.7. One of the documents confirming the fact that an orphan child or a person from among orphans cannot live in a previously occupied residential premises, which include:

9.7.1. A court decision that has entered into legal force on the deprivation of parental rights of a person (persons) who was (were) the parent (s) of this orphan child living (living) legally in a residential building.

9.7.2. A court decision that has entered into legal force to cancel the adoption (adoption) in relation to the person (s) who was (were) the adoptive parent (s) of this orphan child living (living) legally in a residential building.

9.7.3. Certificate of the established form, issued by a medical organization participating in the implementation of the Territorial Program of State Guarantees of Free Medical Assistance to Citizens in the City of Moscow (hereinafter referred to as the medical organization), confirming that a person legally residing in a residential building suffers from a severe form of a chronic disease, in in accordance with the list specified in clause 4 of part 1 of article 51 of the Housing Code of the Russian Federation, in which it is impossible to live together with him in the same living quarters.

9.7.4. A certificate of the established form, issued by a medical organization, confirming that a person legally residing in a residential building suffers from chronic alcoholism or drug addiction and is registered in a narcological dispensary.

9.7.5. Certificate of the established form, issued by a medical organization, confirming that an orphan child or a person from among orphans suffers from a severe form of a chronic disease in accordance with the list specified in paragraph 4 of part 1 of Article 51 of the Housing Code of the Russian Federation, in which cohabitation with him in one dwelling is impossible.

9.7.6. A court decision that has entered into legal force, confirming that the persons legally residing in the residential premises are not members of the family of this orphan child or a person from among the orphans.

9.7.7. A court decision that has entered into legal force to recognize a person legally residing in a residential area as incapacitated or limited in capacity.

9.7.8. A document confirming that the residential premises are unsuitable for permanent residence or do not meet the sanitary and technical rules and regulations established for residential premises, other requirements of the legislation of the Russian Federation and the legislation of the city of Moscow.

9.7.9. A document confirming the loss by an orphan child or a person from among the orphan children of a dwelling during their stay in the upbringing in a family or in an organization for orphans and children left without parental care, due to the demolition of a residential building, an apartment building, alienation transactions or exchange of living quarters and the absence of an executed court decision on the actual return of living quarters to orphans and persons from among orphans.

9.7.10. A document issued by the body that carries out state registration of rights to real estate and transactions with it, on the presence or absence of an orphan child or a person from among orphans of residential premises on the right of ownership.

9.7.11. Another document confirming the impossibility of living in a residential area.

10. The documents specified in paragraphs 9.7.3, 9.7.4, 9.7.5 of this Procedure are submitted by the legal representatives of orphans, the persons indicated in paragraph 7 of this Procedure (hereinafter also referred to as the applicants), in originals, the document specified in paragraphs 9.1, 9.2 of this Procedure - in a copy with the presentation of the original, the documents specified in paragraphs 9.7.6, 9.7.7, 9.7.9, 9.7.11 of this Procedure - in copies certified in the prescribed manner, or in copies with presentation of original documents.

Applicants are not required to submit the documents specified in paragraphs 9.3, 9.4, 9.5, 9.6, 9.7.1, 9.7.2, 9.7.8, 9.7.10 of this Procedure, which are requested by authorized bodies in the field of guardianship, guardianship and patronage within the framework of an interdepartmental interactions. Applicants have the right to submit these documents on their own initiative. At the same time, the documents specified in clauses 9.6, 9.7.10 of this Procedure are submitted in originals and they must be issued no earlier than 6 months before the date of filing an application to establish the fact of the impossibility of residence, and the documents specified in clauses 9.3, 9.4, 9.5, 9.7.1, 9.7.2, 9.7.8 of this Procedure - in copies certified in accordance with the established procedure, or in copies with the presentation of original documents.

11. The authorized body in the field of guardianship, guardianship and patronage, no later than 30 calendar days from the date of receipt of the application for establishing the fact of the impossibility of residence and the documents specified in paragraph 9 of this Procedure, shall verify the information provided, including by sending relevant requests to public authorities of the Russian Federation, constituent entities of the Russian Federation and local governments.

12. When an incomplete set of documents is submitted, an application for establishing the fact of the impossibility of residence and the submitted documents are returned to the applicants no later than three working days from the date of their submission, indicating the reasons for such a return in a manner that provides confirmation of their receipt, and such applicants in the manner and terms provided for by this Procedure, has the right to re-apply with a new application to establish the fact of the impossibility of residence with documents attached to it.

If the submitted documents contain incomplete or inaccurate information, the application for establishing the fact of the impossibility of residence and the submitted documents, no later than three working days from the date of completion of the measures provided for in paragraph 11 of this Procedure, are returned to the applicants indicating the reasons for such a return in a manner that provides confirmation of their receipt.

13. When applying again, a new application for establishing the fact of the impossibility of residence and the documents attached to it are considered in the manner and terms provided for by this Procedure.

14. When establishing the completeness of the submitted documents and the accuracy of the information contained therein, the authorized body in the field of guardianship, guardianship and patronage, no later than three working days from the date of completion of the activities provided for in paragraph 11 of this Procedure, sends these documents to the authorized organization.

15. When the applicant referred to in paragraph 7 of this Procedure applies to the authorized organization, the consideration of the application for establishing the fact of the impossibility of residence and the documents attached to it is carried out in the manner and terms provided for in paragraphs 11-13 of this Procedure.

16. The authorized organization, no later than 30 calendar days from the date of receipt of the application for establishing the fact of the impossibility of residence and the documents attached to it, sent in accordance with paragraph 14 of this Procedure, or from the date of completion of the activities provided for in paragraph 11 of this Procedure, prepares the draft conclusions of the Commission on the issue of the impossibility (possibility) of residence of orphans and persons from among orphans in previously occupied residential premises and submits these documents for consideration by the Commission.

17. A prepared draft opinion on the impossibility (possibility) of orphans and persons from among orphans living in previously occupied residential premises shall be issued at a meeting of the Commission no later than 30 calendar days from the date of receipt of documents sent in accordance with paragraph 16 of this Procedure .

18. At a meeting of the Commission, documents are considered in relation to each orphan child or a person from among orphans and, based on the results of consideration:

18.1. A conclusion is issued on the impossibility of living for an orphan child, a person from among orphans in a previously occupied residential area in the presence of one or more circumstances established by Article 13 of the Law of the City of Moscow dated November 30, 2005 N 61 "On additional guarantees for social support for children - orphans and children left without parental care in the city of Moscow", testifying to the impossibility of living for an orphan child or a person from among orphans in a previously occupied dwelling.

18.2. A conclusion is issued on the possibility of living an orphan child, a person from among orphans in a previously occupied residential area in the absence of the circumstances established by Article 13 of the Law of the City of Moscow dated November 30, 2005 N 61 "On additional guarantees for social support for orphans and children left without parental care in the city of Moscow", testifying to the impossibility of living for an orphan child or a person from among orphans in a previously occupied dwelling.

18.3. A decision is made to withdraw the issue from consideration if additional documents and (or) information are required to make the conclusions specified in paragraphs 18.1, 18.2 of this Procedure, which indicates the need to provide relevant documents and (or) information and the deadline for their provision.

19. When the Commission issues an opinion specified in clause 18.1 of this Procedure, if the residential premises in respect of which the orphan child is the tenant of the residential premises under a social tenancy agreement or a family member of the tenant of the residential premises under a social tenancy agreement, are occupied by persons deprived of parental rights in relation to this orphan child, the Commission invites the legal representative of the orphan child to consider the issue of exchanging living quarters in accordance with Article 72 of the Housing Code of the Russian Federation.

7. Simultaneously with the application, the applicant shall submit:

7.1. An identity document of the applicant containing information about the place of residence in the city of Moscow, and in the absence of such information in the specified document, in addition to the identity document of the applicant, another document containing information about the place of residence in the city of Moscow.

7.2. A document certifying the acquisition of the applied applicant from among the orphans of full legal capacity before he reaches the age of 18 years.

7.3. Contract for the lease of specialized housing.

7.4. Certificate from the place of work (service, study) or other document confirming the applicant's income for the last three calendar months preceding the month of application.

7.5. Documents confirming the absence of arrears in payment for housing and utilities or the presence of such arrears.

7.6. Agreement on repayment of arrears in payment for housing and utilities in the presence of arrears in payment for housing and utilities.

7.7. An identity document of an authorized person and a document confirming the authority of an authorized person, in the event that an authorized person of an orphan child or a person from among orphans applies with an application.

8. The documents specified in clause 7.4 of this Procedure shall be submitted in originals, the documents specified in clauses 7.1, 7.5, 7.7 of this Procedure shall be submitted in copies with the presentation of the original documents, and the document specified in clause 7.6 of this Procedure shall be in copies, certified in accordance with the established procedure, or in a copy with the presentation of the original.

Applicants are not required to submit the documents specified in clauses 7.2, 7.3 of this Procedure, which are requested by the USZN of the city of Moscow as part of interagency cooperation. Applicants have the right to submit these documents on their own initiative. At the same time, these documents are submitted in copies certified in accordance with the established procedure, or in copies with the presentation of the original documents.

9. If the applicant fails to submit the documents specified in paragraph 7.4 of this Procedure due to his failure to carry out work and (or) other activities during the last three calendar months preceding the month of filing the application, the application shall indicate information about these circumstances, and also provide original documents confirming the lack of income for good reasons specified in paragraphs 12.4, 12.6 of this Procedure.

To confirm the existence of valid reasons specified in clauses 12.1, 12.2, 12.3, 12.5 of this Procedure, applicants are not required to submit documents and they are requested by the USZN of the city of Moscow as part of interdepartmental interaction. Applicants have the right to submit these documents on their own initiative. In this case, these documents are presented in originals.

10. USZN of the city of Moscow, no later than 30 calendar days from the date of submission of the application with the attachment of the documents specified in paragraph 7 of this Procedure, decides:

10.1. On the recognition of the applicant as poor in order to exempt him from paying a fee for the use of residential premises (rental fees).

10.2. On the refusal to recognize the applicant as a low-income person in order to exempt him from paying a fee for the use of residential premises (rental fees).

11. The grounds for refusing to be recognized as a poor person for the purpose of exemption from paying a fee for the use of residential premises (rental fees) are:

11.1. The applicant does not have a place of residence in the city of Moscow.

11.2. Submission of an incomplete set of documents specified in paragraph 7 of this Procedure.

11.3. Excess of the applicant's income for the last three calendar months preceding the month of application, the per capita cost of living established on the date of application for recognition as a low-income in order to exempt from payment for the use of residential premises (rental fees).

11.4. The presence of arrears in payment for housing and utilities, provided that there is no agreement concluded to repay such arrears.

11.5. The applicant's lack of income without a good reason.

11.6. Submission of an application on behalf of an orphan child or a person from among orphans by an unauthorized person.

12. Valid reasons for the applicant's lack of income include:

12.1. Caring for a child under the age of three, as well as for a disabled child under the age of 18 or a disabled child from childhood under the age of 23.

12.2. Caring for a family member who is a disabled person of group I, a person who has reached the age of 80, or an elderly family member in need of constant outside care at the conclusion of a medical organization.

12.3. Being registered with the employment service and looking for a new job.

12.4. Being on leave without pay for more than three consecutive months.

12.5. The presence of a disability (regardless of the disability group).

12.6. Treatment (including compulsory) in an inpatient or other department of a specialized type for compulsory treatment.

13. The decision of the USZN of the city of Moscow to refuse to recognize the applicant as a poor person in order to exempt him from paying a fee for the use of residential premises (rental fees) indicates the basis for such a refusal, provided for in paragraph 11 of this Procedure.

14. The decisions of the USZN of the city of Moscow, specified in paragraph 10 of this Procedure, no later than three working days from the date of the decision, are sent to the applicants in a way that provides confirmation of receipt of such decisions.

15. The decision of the USZN of the city of Moscow to recognize the applicant as poor in order to exempt him from making payments for the use of residential premises (rental fees) is valid for 180 calendar days from the date of such a decision.

16. After the expiration of the decision to recognize the poor in order to be exempted from paying fees for the use of residential premises (rental fees), applicants have the right to re-apply to the USZN of the city of Moscow for recognition as poor in order to be exempted from paying fees for the use of residential premises (rental fees ) in the manner prescribed by this Procedure.

17. In the event of a change in the circumstances that served as the basis for recognizing the applicant as poor in order to be exempted from paying fees for the use of residential premises (rental fees), the applicant, no later than three working days from the date of change in such circumstances, sends the relevant information to the USZN of the city of Moscow, made a decision to recognize the applicant as indigent.

18. The USZN of the city of Moscow, which has decided to recognize the applicant as poor in order to exempt him from paying fees for the use of residential premises (rental fees), no later than 30 calendar days from the date of receipt of the information sent in accordance with paragraph 17 of this Procedure, accepts solution:

18.1. On leaving without changing the decision on recognizing the applicant as poor in order to exempt him from paying a fee for the use of residential premises (rental fees).

Issued by the authorized body in the field of guardianship, guardianship and patronage at the place of registration of orphans, children left without parental care, persons from among orphans and children left without parental care, or by the head of the organization for orphans and children, left without parental care CERTIFICATE from "___" __________ N ______ Given ____________________________________________ _______ year of birth (full name) that he (she) belongs to the category _________________________________ (category) and additional social guarantees apply to him (her) , provided for by paragraphs 12 and 16 of Article 13 of the Law of the City of Moscow dated November 30, 2005 N 61 "On additional guarantees for social support for orphans and children left without parental care in the city of Moscow." Place of registration: ___________________________________________________________ (indicate the address of registration of children) _______________________________________________________________________________ Place of residence: _______________________________________________________________ (indicate the address of actual residence of children) for the period of validity of guardianship (trusteeship) or stay of a child in an organization for orphans and children left without parental care: from "__" __________ 20_ to "__" __________ 20_ The head of the authorized body in the field of guardianship, guardianship and patronage (organizations for orphans and children left _________ ___________________ without parental care) (signature) (surname, initials) M.P.

Guarantees for the provision of housing to orphans are regulated by the federal law "On additional guarantees for the social support of orphans and children left without parental care." Since 2013, the law on the procedure for providing apartments under a social tenancy agreement to orphans has changed. In particular, orphans now have the right to receive housing on a first-come, first-served basis.

In 2019, the government proposed a new procedure for registering orphans who must be provided with housing. It lies in the fact that now their legal representatives will be able to independently submit applications for registration of a child in need of housing. As noted in the ministry, the guardianship and guardianship authorities will control the timely filing by guardians of an application for the inclusion of children in the register. Relevant documents within three months after the child turns 14 must be submitted by the legal representatives of the child. It is clarified that residential premises are provided to orphans and persons from among them upon their application in writing when they reach the age of 18 or acquire full legal capacity before reaching the age of 18.

The law also contains norms that protect orphans from criminal encroachments on housing. The measure is explained by the fact that often orphans are not registered and are forced to go to court to get housing. The total number of apartments provided to children left without parental care should not exceed 25% of the total number of apartments in this apartment building. This measure is designed to exclude situations where the house is inhabited only by orphans who are not fully socialized and who have no one to turn to in case of difficulties.

Federal Law No. 159-FZ of December 21, 1996
(as amended on 12/25/2018)
"On additional guarantees for social support for orphans and children left without parental care"

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ADDITIONAL WARRANTY

FOR SOCIAL SUPPORT FOR ORPHANS AND CHILDREN,

LEFT WITHOUT PARENTAL CARE

State Duma

Federation Council

List of changing documents

(as amended by the Federal Laws of February 8, 1998 N 17-FZ,

dated 07.08.2000 N 122-FZ, dated 08.04.2002 N 34-FZ, dated 10.01.2003 N 8-FZ,

dated 22.08.2004 N 122-FZ, dated 17.12.2009 N 315-FZ, dated 16.11.2011 N 318-FZ,

No. 326-FZ of 21.11.2011, No. 15-FZ of 29.02.2012, No. 167-FZ of 02.07.2013,

dated 02.07.2013 N 185-FZ, dated 25.11.2013 N 317-FZ, dated 04.11.2014 N 333-FZ,

dated December 22, 2014 N 442-FZ, dated December 31, 2014 N 500-FZ, dated November 28, 2015 N 358-FZ,

dated 03.07.2016 N 359-FZ, dated 12/28/2016 N 465-FZ, dated 01.05.2017 N 89-FZ,

dated 03/07/2018 N 56-FZ, dated 07/29/2018 N 267-FZ (as amended on 12/25/2018), dated 03.08.2018 N 322-FZ)

This Federal Law defines the general principles, content and measures of social support for orphans and children left without parental care, persons from among orphans and children left without parental care, as well as persons who have lost both parents or a single parent during the period of study .

(Preamble as amended by Federal Law No. 359-FZ of July 3, 2016)

Article 1. Concepts used in this Federal Law

For the purposes of this Federal Law, the following concepts are used:

orphans - persons under the age of 18 whose both or only parent have died;

children left without parental care - persons under the age of 18 who were left without the care of a single parent or both parents in connection with the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incapacitated (limitedly capable), declaration their deceased, the establishment by the court of the fact of the loss of parental care by the person, the serving of sentences by parents in institutions executing punishment in the form of deprivation of liberty, the presence in places of detention of suspects and those accused of committing crimes, the evasion of parents from raising their children or from protecting their rights and interests , refusal of parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases, recognizing children left without parental care in the manner prescribed by law;

persons from among orphans and children left without parental care - persons aged 18 to 23 years, who, when they were under the age of 18, both or the only parent died, as well as who were left without the care of the only or both parents and, in accordance with this Federal Law, are entitled to additional guarantees for social support;

persons who have lost both parents or a single parent during the period of study - persons aged 18 to 23 years, whose both parents died during the period of their study in basic professional educational programs and (or) in vocational training programs for the professions of workers, positions of employees or single parent

(the paragraph was introduced by Federal Law No. 359-FZ of July 3, 2016)

organizations for orphans and children left without parental care - educational organizations, medical organizations, organizations providing social services in which orphans and children left without parental care are placed under supervision;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

guardianship and guardianship - a form of placement of orphans and children left without parental care, for the purpose of their maintenance, upbringing and education, as well as for the protection of their rights and interests; guardianship is established over children under the age of 14; guardianship is established over children aged 14 to 18;

foster family - a form of placement of orphans and children left without parental care, on the basis of an agreement on the transfer of a child (children) to be raised in a family between the guardianship and guardianship authorities and foster parents (spouses or individual citizens who wish to take children to be raised in a family) );

full state support for orphans and children left without parental care - providing them with free meals, a free set of clothes during their stay in the appropriate organization for orphans and children left without parental care in the family of a guardian, trustee, foster parents, footwear and soft equipment, living in a residential building without charging a fee or reimbursement of their full cost, as well as free medical care;

(as amended by Federal Laws No. 315-FZ of 17.12.2009, No. 185-FZ of 02.07.2013, No. 317-FZ of 25.11.2013, No. 359-FZ of 03.07.2016)

full state provision and additional guarantees for social support in obtaining vocational education and (or) in the course of vocational training - providing orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, who are studying full-time in basic professional educational programs at the expense of the relevant budgets of the budgetary system of the Russian Federation and (or) in professional training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, free meals, a free set of clothes, shoes and soft equipment or reimbursement of their full cost, the provision of housing in the manner prescribed by the Federal Law of December 29, 2012 N 273-FZ "On Education in Russia Russian Federation", legislatively fixed additional measures for the social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, and also free medical care until the completion of training in the specified educational programs;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

additional guarantees for social support - legislatively fixed additional measures for the social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study studying full-time education in basic professional educational programs at the expense of the relevant budgets of the budgetary system of the Russian Federation and (or) professional training programs for the professions of workers, positions of employees at the expense of the budgets of the constituent entities of the Russian Federation or local budgets.

(as amended by Federal Law No. 359-FZ of July 3, 2016)

Article 2. Relations regulated by this Federal Law

(as amended by Federal Law No. 359-FZ of July 3, 2016)

This Federal Law regulates relations arising in connection with the provision and provision by state authorities of additional guarantees for the social protection of the rights of orphans and children left without parental care, persons from among orphans and children left without parental care, as well as persons who lost both parents or a single parent during the period of study.

Article 3