A child in a difficult life situation and the need for his social and pedagogical support. The concept of “family in difficult life situation”

The I-Parent portal tells you which children may find themselves in difficult life situations, what are the reasons for getting into such situations, and what ways to solve the problems of such children exist in Russia.

The modern world is extremely unstable and full of change. Adults sometimes fall into a state of stress in conditions of an unstable economic situation, an increase in crime, and the need to worry about what will happen tomorrow. This, of course, cannot but affect the children.

A child's perception is very different from an adult's. Sometimes a mere trifle can turn into real tragedy, greatly upset and traumatize little man. As a result, the child finds himself in a difficult situation, and it is important for adults to understand how they can help him survive the pain that the child has to face due to various life circumstances.

Causes of difficult life situations in children

One of the main reasons for the emergence of the category “children in difficult life situations” is family dysfunction, namely:

  • drug addiction or alcoholism in the family;
  • low material security, poverty;
  • conflicts between parents and relatives;
  • cruel treatment with children, domestic violence.

Causes of family dysfunction

  1. Reproduction of patterns of interaction and behavior adopted in the parental family.
  2. A fatal combination of life circumstances, as a result of which the entire structure and conditions of existence of the family changes. For example, sudden death, disability of one of the family members.
  3. Changes in the surrounding world, entailing changes in each family system. For example, economic crisis, wars, etc.

1. Children without parental care

The number of orphans is increasing in direct proportion to the decline in socio-economic well-being in the country. Children are left without parental care for a number of reasons. Most often it is deprivation parental rights.

Reasons for deprivation of parental rights:

  • failure to comply parental responsibilities or abuse of them,
  • presence of domestic violence,
  • presence of chronic drug addiction or alcoholism in the family,
  • commission by a parent of a crime against the life and health of his child or spouse.

Thus, children can be left without parental care and end up in an orphanage if staying in a family becomes dangerous for their lives.

The primary task of society is early detection families who are at risk, assistance to such families and their support, the desire to preserve blood family for a child. Sometimes a simple conversation with a neighbor who has begun to often appear at the entrance while intoxicated can prevent the development of a real catastrophe.

Of course, the dream of any child who has lost his parents and ended up in an orphanage and the best outcome of the situation for him is to find a new family, to find a mother, father and his own home again.

Nowadays, infants are most often adopted, while older children and teenagers have a chance to be placed under guardianship or guardianship. Recently, there has been such a form of guardianship as a “foster family.” In law adoptive parents in such a family have the right to financial compensation due for raising a child. In addition, every month such a family is paid a child care allowance, which is an additional factor in attracting people who are ready to take custody of a child from an orphanage to solve this problem.

2. Children with disabilities(those who have developmental disabilities: mental and/or physical)

The causes of childhood disability can be disorders of intrauterine development caused by genetic factors, the lifestyle of parents (drug addiction, alcoholism and other types of deviations); birth injuries, as well as subsequent injuries of various origins.

Children with special needs often live and study at home. Currently, inclusive education has been developed, in which children with disabilities have the opportunity to live and study in the same environment with their peers.

Very often, the appearance of a child with a disability in a family leads to its disintegration. Men leave the family, unable to withstand the additional difficulties and problems associated with raising a special child. At the same time, it is obvious that raising such a child requires exorbitant efforts from a woman left alone.

Characteristics of families with disabled children:

  • poverty: caring for a sick child requires, in addition to large material costs, a large amount of personal time, so many have to give up high paying job in favor of working with a more flexible schedule and convenient location;
  • isolation from society: difficulty visiting entertainment places and events due to insufficient readiness of society to accept children with disabilities and poor technical support for the needs of people with disabilities;
  • difficulties in obtaining education and profession. To carry out educational and professional activities, special children need special conditions. In addition, they often encounter rejection and bullying among their peers.

Currently being developed social projects and programs for the socialization and adaptation of disabled children, teaching them work skills, programs are being introduced to integrate them into the environment of healthy peers. An important factor is to identify various defects at an early stage of children's development. Nowadays, throughout the country there is an early assistance service for children under three years of age, where parents with children with developmental disabilities or at risk can apply. Consequences of identifying defects at an early stage of child development:

  • preventing the development of secondary disorders in the development of children,
  • revealing the rehabilitation potential of the family in providing support to the child, providing advisory assistance to the family itself,
  • social adaptation and inclusion of the child among peers at an early stage,
  • undergoing earlier preparation for training in school curriculum, reducing difficulties in subsequent learning.

To implement such social programs and projects it is necessary Active participation all of us and a sincere desire to change the way our society views disability. Everyone can help, for example, look after a child in the absence of parents, or help mothers of children with developmental disabilities find employment to the best of their ability.

And we must start with the fact that we all must try to understand and accept simple truth: not like me does not mean bad.

There is nothing shameful or shameful about disability, and we should teach this to our children. And most importantly, this can happen in every family, regardless of age, place of residence and income level! It is important not to look away embarrassedly from the boy in the wheelchair, but to be able to explain to your child that all people are different and some are less fortunate, but this does not mean that he is less worthy of respect, attention and communication. You can support families raising disabled children - in word and deed. Without a doubt, any help (both psychological support and material participation) is very necessary and invaluable for them!

3. Children who have become victims of interethnic (including armed) conflicts, environmental and man-made disasters, natural disasters; children from families of refugees and internally displaced persons; children caught in extreme conditions

Essentially, these children are victims of extreme conditions, i.e. situations that go beyond normal human experience. The source of childhood trauma is often another person - this includes terrorist acts, attacks, local wars.

IN modern world The number of such children, unfortunately, is growing. The first priority in an emergency situation is to place children in safe place and provide them with everything they need, from personal hygiene products to the opportunity to receive education. After all, often, finding themselves on the street and losing a roof over their heads, children are forced to independently provide themselves with everything they need, which can lead them to the path of crime.

The main problem of such children is that very little attention is paid to their experiences associated with a change of place of residence. But they are faced with a number of issues that are not easily resolved even by adults. Along with their place of residence, children need to change school, social circle, usual places of recreation and entertainment, and adapt to a new environment. Often children who find themselves in extreme situations lose close relatives and even parents. Undoubtedly, they all experience loss.

In the future, such children experience difficulties in communication, their general development, academic performance and interest in life decrease. Children in extreme conditions need qualified help from psychologists in overcoming post-traumatic stress disorder.

4. Children who have been subjected to violence, including in the family

An abused child lives with deep trauma from an early age. The child, as a rule, carefully hides the cause of the injury from others; the pain from the injury can torment him for the rest of his life.

Types of violence:

  • physical violence when a child is beaten, and there may be traces of beating on the body, or they are not fed,
  • sexual violence ,
  • psychological abuse when a child is humiliated in every possible way, isolated, lied to and threatened.

Consequences of violence:

  • Children develop anxiety and various fears,
  • children may be subject to feelings of guilt, shame,
  • children do not know how to navigate their feelings and emotions,
  • in adult life Children often face a number of difficulties when creating their own families.

The main role in helping child victims of violence is played by early identification of this difficult situation. We need to be more attentive to the children around us in order to notice that the child may be depressed or upset.

First of all, this applies to the child’s parents. It is extremely important for parents to be in close contact with their children. It is very useful to discuss with your child what he does outside the home, with whom he communicates, and it is important to support trusting relationship so that he does not hesitate to tell at home if someone behaves with him differently than is customary in his family. It is necessary to pay attention to even minor changes in the child’s behavior. Sudden tears, loss of appetite and other changes - good reason for a confidential conversation. In order to prevent violence against children, you can develop their self-defense skills by playing small riddle games. For example, you can ask: “What would you do if a stranger offered you a ride in a car?” A good activity for spending time together is to draw together with your child reminder sheets with basic safety rules: do not leave with strangers, do not open the door for strangers, keep your parents informed of your whereabouts, etc. In particular, it is worth paying special attention to any manifestations of childhood aggression directed both at oneself and at others, try to identify its causes and prevent it from getting worse.

The worst thing that can happen to a little person is violence against him in the family, when it seems to him that no one will ever protect him, there is no one to complain to. After all, the tormentors are his closest people, his parents, who for personal reasons became alcoholics, drug addicts, religious fanatics, or are mentally ill people.

A big role in such situations is played by where children can call without fear of exposure. Everyone can and should report situations of domestic violence that we witness: relatives, neighbors, school psychologists and teachers.

5. Children serving a sentence of imprisonment in educational colonies; children in special educational institutions

As a rule, such children are characterized by a desire for deviant behavior, or deviant behavior, i.e. behavior that does not correspond to the norms accepted in society.

Levels of behavioral deviation:

  • pre-criminal level– these are minor offenses, consumption of alcohol and psychoactive substances, leaving home;
  • criminal level- This extreme case deviant behavior – delinquent behavior that can lead a child to criminal offenses.

Reasons for deviations in behavior:

  • socio-pedagogical neglect, specifics of education;
  • family dysfunction, as a result of which the child experiences deep psychological discomfort;
  • personal characteristics of the child: developmental deviations, transitional stages of growing up;
  • insufficient opportunity for self-realization and self-expression;
  • neglect.

In helping this category of children it is extremely important prevention and prevention manifestations of deviant behavior in the early stages of its manifestation. Here the main role is given to parents and teachers, since their duty is to treat children with due attention. In the modern world, the most common types of deviant behavior are represented by various forms addictions – alcohol, tobacco, drugs, computer. In order to know how to behave in a situation if your child is susceptible to addiction, we recommend watching the following videos:

If a crisis situation arises in the life of a child or in his family, it is necessary to turn to qualified specialists for help and support as soon as possible. For children, teenagers, as well as their parents, there is a number they can call if necessary.

In practice, social assistance to children who find themselves in difficult situation, consists of constant work with their families, when it is dysfunctional. The main type of such assistance is social support for the child and his family. Accompaniment – ​​social assistance, including pedagogical and psychological assistance. Accompanying is also called patronage. This is a whole complex system of psychological, pedagogical and social assistance provided by social service specialists. But each of us can help a child in a difficult life situation. You just have to stop, don’t pass by and don’t turn away from the little person in trouble.

IN modern Russia In connection with the increase in the number of families in a socio-economic crisis, the concept of children who find themselves in a difficult life situation has increasingly begun to be used in pedagogy and psychology. At the moment, the problem of social and pedagogical support for children in difficult life situations is extremely relevant. It is caused, first of all, by the socio-economic crisis of recent decades, which has significantly influenced the situation of the younger generation and resulted in negative phenomena in such important areas for the development of adolescents as family, education, leisure, and health. The content of the concept “children who find themselves in difficult life situations” has many components. At the moment, the category of those in difficult life situations includes children from socially unprotected and dysfunctional families left without parental care, children with disabilities and developmental disorders, who find themselves in extreme conditions, victims of violence and others whose life activities have been disrupted as a result of prevailing circumstances, which they cannot overcome on their own or with the help of their family. As a result, it is necessary to define the concept of children in difficult life situations and their socio-pedagogical characteristics. A child is a constantly growing and developing organism, at each age stage having certain morphological, physiological and psychological characteristics. Each child at different periods of his life, and also depending on social conditions, in which he may find himself for reasons beyond his control, may find himself in a difficult life situation, and accordingly will need help and protection to varying degrees.

Kuzina I.G. considers the general concept of a difficult life situation as “a situation that objectively violates a person’s social ties with his environment and the conditions of normal life and is subjectively perceived by him as difficult, as a result of which he may need the support and assistance of social services to solve his problem”

Osukhova N.G. considers this concept as a situation in which “as a result external influences or internal changes, the child’s adaptation to life is disrupted, as a result of which he is unable to satisfy his basic life needs through models and methods of behavior developed in previous periods of life.”

Having analyzed these approaches to defining a difficult life situation and highlighting its common features, we can formulate the following definition: difficult life situation- this is a situation that means the experiences of a person who finds himself in a situation that seriously affects his well-being, life safety and from which he is not always able to get out on his own. In this case, he needs help. Children who find themselves in difficult life situations especially need help. It is more difficult for them to independently find an acceptable way out of the current situation. Taking this fact into account, in social and pedagogical support it is necessary to predict and determine the most appropriate ways to provide assistance to a child who finds himself in a difficult life situation. the main objective Such support is to create the most optimal conditions for the child’s life and upbringing.

Modern children have two main spheres of activity, and they are also the main institutions of influence on their upbringing: the family sphere and the education system. The vast majority of a child’s problems arise precisely as a result of the influence of these two institutions.

For a child, the family is the environment in which the conditions for his physical, mental, emotional and intellectual development are formed. The family's inability to social institution Ensuring the upbringing and maintenance of children is one of the most important factors in the emergence of a category of children in difficult life situations.

Let's highlight the most significant factors, affecting family well-being, as a result of which children may experience difficult life situations.

The first factor is the poor material living conditions of the family. Families with children in Russia have been the most deprived for a long time. The reasons are the high dependency burden on the able-bodied, the lack of work for one of the parents due to child care, as well as the lower earnings of young professionals. Significant indicators of the material living conditions of a family are the level of household income and housing security. It is important to note that poor income indicators are concentrated in the same households. Families living in poor housing conditions and not having enough Money, have a low chance of getting out of poverty, so special attention should be paid to them by specialists from services for the prevention of family troubles and orphanhood.

The second factor affecting well-being is the loss of connection with the labor market. Families with children show a high degree of economic activity, and employment is more likely to be among the poor. Two-parent families with children in which the man is economically inactive experience an increased risk of poverty and, as a consequence, family dysfunction. Families affected by long-term unemployment, single-parent families with children, in which the parent does not have a job, also find themselves among the poor. In single-parent families, women, from an economic point of view, perform the same function that is characteristic of men in two-parent families. Families with children in which there are unemployed people, although they fall into poverty, have a high chance of exiting it as a result of a successful job search, in contrast to families in which the man is economically inactive.

The third factor is intra-family conflicts, a dysfunctional psychological atmosphere in the family. It is a mistake to assume that all families in which disagreements occur are a risk group, and that children living in them are classified as being in a difficult life situation. Only children in critical situations, in situations of severe conflicts that have many reasons, can be considered children who find themselves in a difficult life situation. These children certainly need help, and their families should certainly be included in the target group of programs for the prevention of social orphanhood.

Another important factor influencing family well-being is domestic abuse. Big problem in the work to identify and prevent families where child abuse is practiced, the fact is that the families themselves, both parents and children, hide this fact: parents - because they are afraid of punishment and condemnation, children - because they are ashamed of their situation and experience fear.

The next factor is alcoholism and drug addiction in the family. Alcoholism and drug addiction are problems that, if not the causes of family dysfunction, then often accompany it. A child who finds himself in the environment of parents dependent on alcohol or drugs, as a rule, has physical, psychological and social development problems. In addition, most children inherit this dependence and constitute a high-risk group for the development of mental, neurological and somatic disorders. A child often escapes from parents suffering from addiction on the street, but there he is also faced with a dysfunctional environment and the influence of homeless peers. Such families also concentrate all other problems, since they lose contact with the labor market and do not have a stable income.

There is also such a factor as the dysfunctional family environment of children, the risks of divorce, and failure to fulfill childcare responsibilities. In Russian society, there is a strong opinion on the issue of who should be responsible for raising children. Despite the fact that the majority of respondents believe that caring for a child should fall on the shoulders of the family or, according to at least, must be divided between family and society, there are parents who shift responsibility for a preschool child from family to society. Parents who believe that caring for children should be delegated to society do not want to take responsibility for raising children, and therefore do not fully fulfill their parental responsibilities.

There is reason to believe that the most painful problems for families are critically poor housing conditions and an acute lack of income, followed by a high level of conflict in the family, and only then all other types of trouble. In most cases, a critical situation is associated with a combination of manifestations of trouble.

The Federal Law of the Russian Federation “On Basic Guarantees of the Rights of the Child in the Russian Federation” formulates typical difficult life situations for a child related to the family:

Death of parents.

Refusal of parents to take their children out of institutions social protection population, educational, medical and other institutions.

Independent termination by parents of parental responsibilities towards their child.

Failure by parents, for one reason or another, to fulfill their responsibilities towards their children.

Long-term absence of parents.

Limitation of parents' parental rights. The decision is made by the court taking into account the interests of the child. It may occur under the condition that leaving a child with the parents or with one of them is dangerous for the child due to circumstances beyond the control of the parents or one of them.

Deprivation of parents of parental rights. It acts as a legislative measure for parents who do not fulfill their responsibilities towards their minor children, as well as those who abuse parental rights.

The inability of parents for one reason or another to fulfill their parental responsibilities: serving a sentence; declaring them legally incompetent when they cannot, for health reasons, fulfill responsibilities towards their children; a crisis state of the family that does not allow it to fulfill parental responsibilities towards the child. In the above cases, the child falls into the custody and guardianship authorities - these are the authorities local government, which are entrusted with the responsibility to protect the rights and interests of children left without parental care. Guardianship and trusteeship authorities are called upon to: identify children left without parental care; register such children; select forms of placement for children left without parental care. At the same time, they try to arrange them, first of all, into a family. To this end, they promote the creation of foster, guardianship and other types of families; provide patronage for foster families, provide them with necessary help; contribute to the creation normal conditions life and upbringing of a child in foster families, that is, provide assistance from psychologists, teachers, social educators, contribute to improvement living conditions, exercise control over the conditions of the child’s maintenance, fulfillment of the duties assigned to foster family parental responsibilities for his upbringing and education. In case of failure to fulfill their duties in relation to adopted children, guardianship and trusteeship authorities are obliged to take measures to protect their rights.

Based on the foregoing, we understand that quite a large number of The factors that provoke a child’s difficult life situation come from his family. If at least one of the factors described above is present in the family, then the risk of a difficult situation for the child is very high. Another important area of ​​a child’s activity is the educational sphere. Since it is one of the main activities of children, the possibility of a difficult life situation for a child arising here is increased.

One of the problems of a child who finds himself in a difficult situation is a low level of socialization, that is, limited mobility, poor contacts with peers and adults, limited communication with nature and access to cultural values, etc. In modern schools, the main role is assigned to the educational rather than the socializing function; the school does not provide children with the necessary set of qualities they need for full integration into society. The limited activities of the school determine negative attitude most students to this institution of education, which does not give him the opportunity to express himself as an individual. The reason for the emergence of a difficult situation in the lives of children can be an unsatisfactory level of knowledge, and as a result, a large gap in academic performance between the best and worst students. This is very closely related to the self-esteem of the child’s personality. As a result, children have problems of various types associated with maladaptation in social relationships at school. These problems together can lead to a difficult situation for the child.

Nikitin V.A. in his research, he describes socialization as “the process and result of an individual’s inclusion in social relations.” It is important to keep in mind that socialization is a process that lasts throughout a person's life. Therefore, one of the main goals of socialization is the adaptation of a person to social reality, which serves, most possible condition normal functioning of society. At the moment, difficult life situations that lead to a low level of socialization of a child include: begging, homelessness and neglect, various types of deviant behavior, as well as illness and disability. The problems that arise in the process of socialization of such children are, first of all, social problems: insufficient forms of social support, inaccessibility of healthcare, education, culture, consumer services. Among them we can distinguish problems at the macro, meso and micro levels. This set of problems is being solved by the efforts of the entire society and the state aimed at creating equal opportunities for all children.

The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” defines the term “children in difficult life situations”, “these are children, orphans or children left without parental care; disabled children; children with disabilities, that is, having deficiencies in physical and (or) mental development; children are victims of armed and interethnic conflicts, environmental and man-made disasters, and natural disasters; children from families of refugees and internally displaced persons; children are victims of violence; children serving sentences of imprisonment in educational colonies; children in special educational institutions; children living in low-income families; children with behavioral problems; children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.”

At the moment, in modern Russia the problem of child orphanhood, and especially social child orphanhood, is very acute. If earlier these were children whose parents died at the front, today the overwhelming majority of children raised in children's homes, orphanages, boarding schools have one or both parents, that is, they are social orphans, or orphans with living parents. In the Federal Law “On additional guarantees for social support of orphans and children left without parental care,” orphans are “persons under the age of 18 whose both or only parent has died.” Children left without parental care are “persons under the age of 18 who were left without the care of a single parent or both parents due to the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incompetent, or declaring them dead, establishment by a court of the fact that a person has lost parental care, parents serving a sentence in institutions executing a sentence of imprisonment, being in places of detention suspected and accused of committing crimes, parents’ evasion from raising their children or from protecting their rights and interests, refusal 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 of recognizing children as left without parental care in the manner prescribed by law.”

It is worth paying attention to such a category of children who find themselves in difficult life situations, such as disabled children or children with limited health capabilities. The health of the Russian population is in critical condition. The results of thorough research indicate a health crisis in representatives of all age groups, especially children. In Russia, as well as throughout the world, there is a growing trend of children with disabilities. Based on the provisions of Law No. 181-FZ and the Family Code of the Russian Federation, “a disabled child is understood as a person under 18 years of age who has a health disorder with a persistent disorder of body functions caused by diseases, consequences of injuries or defects, leading to limitation of life activity and causing the need for social protection." Children with developmental disabilities find themselves deprived of the channels of obtaining information available to their healthy peers: constrained in movement and the use of sensory channels of perception, children cannot master the full variety of human experience that remains out of reach. They are also deprived of the opportunity to carry out practical activities and are limited in play activities, which negatively affects the formation of higher mental functions. A disorder or lack of development may occur suddenly after an accident or illness, or it may develop and intensify over a long period of time, for example, due to exposure to unfavorable factors. environment, due to a long-term chronic disease. A deficiency or disorder can be eliminated, in whole or in part, by medical and psychological-pedagogical, by social means or diminish in its manifestation. At the moment, Russian education, which forms a certain degree of tolerance towards children with disabilities, has a humanistic orientation. Networks of medical and rehabilitation institutions, boarding schools, centers for social assistance to families and disabled children, and sports and adaptive schools for the disabled are being created. And yet, this problem remains relevant. A significant proportion of children with developmental disabilities, despite the efforts made by society to educate and educate them, upon becoming adults, are not prepared for integration into socio-economic life. At the same time, research results and practice indicate that any person with a developmental defect can, under appropriate conditions, become a full-fledged person, develop spiritually, provide for himself financially and be useful to society.

The next category of children who find themselves in difficult life situations are children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters (children in extreme situations) - these are children in need of care and help. They must be given the opportunity to study, including religious and moral education, according to the wishes of their parents or, in the absence of parents, those persons responsible for their care. All necessary measures must be taken to facilitate the reunification of temporarily separated families. Children under fifteen years of age are not subject to recruitment into armed forces or groups and are not allowed to take part in hostilities; The special protection provided for children under fifteen years of age continues to apply to them if they take a direct part in hostilities and are captured. If necessary, and where possible with the consent of their parents or persons primarily responsible for their care, arrangements shall be made for the temporary evacuation of children from the area of ​​hostilities to a safer area within the country, while ensuring that they are accompanied by persons responsible for their safety. and well-being.

Changes in the general geopolitical picture of the world, aggravation of environmental, demographic and social problems, all this causes the emergence of such a category of children who find themselves in difficult life situations, such as children from families of refugees and internally displaced persons. Article 1 of the Federal Law “On Refugees” gives the following definition: “a refugee is a person who is not a citizen of the Russian Federation and who, due to a well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or of political opinion is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.” From Article 1 of the Law of the Russian Federation “On Forced Migrants”, “a forced migrant is a citizen of the Russian Federation who left his place of residence as a result of violence or persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language." Citizens of the Russian Federation who left their place of residence due to persecution on the basis of belonging to a particular social group or political beliefs are also recognized as forced migrants. The significance of the problems of families of refugees and forced migrants in modern Russian society is actualized in the most diverse aspects of an individual’s life in the system of personal-environmental relations. It is known that during forced migration, a person’s social adaptation is seriously disrupted: from one natural and social environment he moves to another, painfully breaking many natural and anthropological connections and artificially creating such connections in a new place. As a result, refugee children often suffer mental trauma from witnessing the murder or death of their parents and loved ones. As psychologists testify, traumatic events leave a deep mark in the child’s psyche, which remains in his memory for a long time. All children who have experienced psychological shock suffer from its consequences. In addition to many physical and mental disorders They also experience disturbances in the process of cognition and behavior in society. The severity of the violations and their manifestations is usually associated with the severity of the violence, the presence or absence of physical injuries on the child himself, as well as the loss or preservation of family support.

Children are the most suggestible and driven, unlike adults, and often become victims in different situations. They may be victims of domestic or school violence, or become victims of violence on the street. difficult life violence children

Asanova M.D. identifies four main types of violence against children: physical violence, this is a type of attitude towards a child when he is deliberately placed in a physically vulnerable position, when he is deliberately caused bodily harm or does not prevent the possibility of it being caused; sexual violence is the involvement of functionally immature children and adolescents in sexual acts that they commit without fully understanding them, to which they are unable to consent, or that violate social taboos of family roles; psychological violence is an act committed against a child that inhibits or harms his development potential abilities. TO psychological violence include such chronic aspects of behavior as humiliation, insult, bullying and ridicule of the child; Neglect is the chronic failure of a parent or caregiver to provide the basic needs of a minor child for food, clothing, shelter, medical care, education, protection and supervision. If physically neglected, a child may be left without age-appropriate necessary nutrition, may be dressed inappropriately for the weather. With emotional abandonment, parents are indifferent to the child’s needs, ignore him, and are absent tactile contact. Neglect can manifest itself in the neglect of the child’s health and the lack of necessary treatment. Neglect of a child's education can be expressed in the fact that the child is often late for school, skips classes, is left to look after younger children, and so on. The overall goal in working with children who have experienced violence is to reduce and eliminate traumatic experiences, overcome feelings of inferiority, guilt and shame. When working with a child, it is important to support his ability to differentiate interactions with people around him and promote his personal development.

IN Lately the increase in juvenile delinquency is constantly emphasized, the increasing cruelty and sophistication of the crimes committed by teenagers, and a significant rejuvenation of crime are noted. One of the measures used to punish a child for committing a crime is deprivation of his freedom. Children sentenced by a court to imprisonment are sent to educational colonies for correction and re-education. However, according to statistics, many of those who have served their sentences commit crimes again. All minors serving a sentence of imprisonment in educational colonies also represent the category of children who find themselves in a difficult life situation. Adaptation is one of the important aspects that arise when a child is deprived of his freedom. In the conditions of an educational colony, the concept of adaptation should be considered from a broad perspective. Since the essence of the problem will depend on the conditions of serving the sentence: strict, ordinary, light or preferential, since when moving from one conditions to others, even within the same colony, the social environment, daily routine, work and educational activities, assessment of the student’s prospects, aspirations. Almost every convicted teenager experiences, to one degree or another, emotional tension, dissatisfaction with the life situation, a reduced emotional background, as well as some kind of disorder. When a teenager ends up in a correctional colony, he learns what the daily routine and rules of behavior are. This is why sleep disorders, lethargy, passivity, and fatigue are possible. A large place in the general anxiety of a teenager is occupied by all kinds of fears, a feeling of an incomprehensible threat, and associated self-doubt. The main goal of social and pedagogical support is to help a child adapt to an educational colony, and its end result is a successful entry into the team, the emergence of a sense of confidence in relationships with team members, and satisfaction with one’s position in this system of relationships.

Thus, from all of the above, we understand that the problem of children who find themselves in difficult life situations is quite acute at the moment. Therefore, there is a need for a special attitude towards such children, that is, the need for social and pedagogical support. Depending on the reasons for the child’s difficult life situation and his socio-pedagogical characteristics, there is a need to choose an individual work technology. Today, there is a lot of research aimed at approaching as effectively as possible the compilation and application of technologies for social and pedagogical support for children who find themselves in difficult life situations.

Organization of accompaniment and support for children in difficult life situations in an additional education institution.

Federal Law dated January 1, 2001 No. 000 “On the Fundamentals of Social Services in the Russian Federation” provides a clear definition of a difficult life situation: “a difficult life situation is a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own.”

The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” defines categories of children in difficult life situations (they are presented on the slide):

– children left without parental care,

- disabled children,

– child victims of armed and ethnic conflicts, environmental and man-made disasters, natural disasters,

– children from families of refugees and internally displaced persons,

– children who find themselves in extreme conditions,

– child victims of violence,

– children in special educational institutions,

– children living in low-income families,

– children with behavioral problems,

– children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.

Our school keeps records of children in THS. Mainly:

– these are children left without parental care,

Children registered with the PDN,

Children from disadvantaged and low-income families,

Children from families of refugees and internally displaced persons.

For example, in our school over the past 3 years there has been an increase in the number of children in residential housing:

The growth in the number of children in residential care is influenced by the instability of our society, which has arisen as a result of several factors: the current political, socio-economic and environmental situation.

Pseudocultures, unfavorable family relationships, and lack of control over children’s behavior also have an impact.

A child in a difficult life situation experiences a number of disorders: This

1. behavioral disorder (inappropriate reactions to adult remarks, aggressiveness, theft, extortion may be highlighted here),

2. developmental disorders (malnutrition, avoidance of studies, lack of personal hygiene skills, low academic performance, teenage alcoholism, illnesses).

3. communication disorders (conflicts with teachers, peers, use of informal language, conflicts with parents).

Also, children in THS experience low self-esteem and an inadequate understanding of the meaning of their own personality, which can negatively affect their future fate. These children do not feel needed in society and cannot find their place in life, which often brings them into the company of similar children who find themselves in THS.

Our school gives children a chance to realize themselves, feel important, achieve high results, find friends, and gain self-esteem. And then get an education and a good job based on your hobbies.

The system of work at our school includes several stages:

Collection and analysis of information about families. The task of the trainer-teacher is to take a closer look at the children, noticing deviations in behavior, manner of communication, collect from different sources and carefully study information about the family of each child in his group. studying the child’s personality (through observation, conversations and tests) choosing methods of influence and planning work practical work

How exactly do you work with children in THC?

1) Work is carried out with parents.

Maintaining constant contact with family (via telephone)

Family meetings are held individual conversations, (if possible and necessary) family visit by a trainer

Carrying out parent meetings(at meetings, issues on pedagogy and psychology of children and adolescents are necessarily discussed).

2) Maintain communication with the school.

Teacher trainers must maintain contact with the child’s class teacher. Assist the class teacher in conducting sports holidays, relay races, happy starts, hikes. Sometimes not only children, but also their parents take part in such holidays.

Children's school progress is also monitored. Coaches are interested in the progress of class teachers, parents, and the children themselves. Our school has been holding the “Sportsman of the Year” competition for the second year; the criteria for assigning points are not only sporting achievements in the form of winning prizes, results of passing standards for general and special physical training, but also behavior and academic performance.

It is not uncommon for children living in THC to become winners of the competition.

3) Working with children.

Firstly, this is, in principle, the very employment of the child in training - it allows him to fill his free time. Regular training develops willpower and teaches discipline.

The school strives to cover an increasing number of children with classes; a new wrestling hall will soon open at the address Geofizicheskaya 3B; this year classes will be held not only at the bases of the village schools, but also at the bases of schools in the villages of Kurki, Malaya Tavra, Azigulovo.

Children's and Youth Sports School is working all year round, in everything school break and in summer. On the basis of the Youth Sports School, an annual summer health camp operates in 3 shifts. According to the data of the last three years, in our school during the summer health campaign, from 90 to 100% of the children in the THS were made healthy, and some even attended 2 shifts over the summer.

Secondly, these are trips to competitions, which provide an opportunity for a trainer-teacher to work with a child for several hours or even several days in a row. Naturally, this requires that the trainer-teacher himself must be a good example, presenting high requirements to his personal and professional qualities.

Thirdly, it provides the opportunity to participate in sports clubs for free, whereas in many cities in the region you have to pay for sports, which is unaffordable for many families. In addition, at our school, all students are given sports equipment and even sports uniforms free of charge. And for particularly distinguished athletes, the school tries to find sponsors to be able to purchase more advanced equipment. So, for example, last academic year, sportswear and equipment worth 50 thousand rubles were purchased for our athlete Nikiforov Nikita, who shows great promise and is already taking prizes at regional competitions. The money was allocated from the fund of the deputy of the Artinsky Duma, Andrei Petrovich Vlasov.

In addition, the school is constantly working to instill healthy lifestyle skills:

The rudeness and disrespect of students to each other and others is stopped, a positive psychological climate in a group so that the child enjoys going to class. For the purpose of prevention, trainers-teachers explain the danger of violence, orient children so that, if they are in a difficult life situation, they should at any time turn for help to a coach, class teacher, school psychologist, and not to friends from the yard.

Class attendance must be tracked. Parents or the child must report any absence to the coach. If the coach was not informed about the reason for the absence, he himself calls and finds out the reason for the absence.

The school also conducts career guidance work and organizes meetings with former graduates who have now become coaches, physical education teachers, or remain active athletes and compete for regional, district, and Russian national teams.

The result of our work should be children:

1) involved in active, useful activities,

2) presenters healthy image life,

3) disciplined, strong in spirit, healthy mentally and physically, able to find the strength to survive difficult situations and cope with problems,

4) self-confident, having adequate self-esteem,

6) those who deny aggressiveness, violence, hooliganism,

7) academically successful

8) focused on getting a good profession.

In general, these are children who have not slipped down the social ladder, but have taken a worthy place in society, no matter what situation fate puts them in.

In conclusion, I would like to say that the work of accompanying and supporting children in residential housing, organized at the Youth Sports School, is progressing successfully and is bearing fruit.

Children are really busy with interesting things,

Many children prefer to lead a healthy lifestyle and do not indulge in bad habits,

Children participate in competitions different levels and take prizes.

For example, in academic year, 43 prize places were occupied by children staying in the THC (10% of the total number of prize places occupied):

36 - at the district level (1m – 7, 2m – 10, 3m – 19)

7 - at the regional zone level (1m – 1, 2m – 3, 3m – 3)

The concept of “a family in a difficult life situation”

Family - based on marriage or consanguinity a small group whose members are connected by a common life, mutual assistance, moral and legal responsibility Grigoriev, S.I. Sociology: fundamentals of modernization of social knowledge / S.I. Grigoriev, L.G. Guslyakova, S.A. Gusova. - M.: Gardariki, 2006. - 235 p.. In the life of every person, the family occupies a special place. In the family, the child’s relationship to the environment is regulated; in the family, he gains experience of morality and moral standards of behavior.

Families whose social functioning is subjective or objective reasons difficult or disrupted, and their existence as families is threatened, are characterized as families in difficult life situations.

In social work as separate category The population identifies a family in a difficult life situation. Family in difficult life situation- a family that finds itself in a situation that objectively disrupts the life of family members (disability, orphanhood, neglect, unemployment, poverty, illness, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc.), which the family cannot overcome on its own, in connection with which it requires special support and assistance from specialists Safonova, L.V. Contents and methods of psychosocial work / L.V. Safonova. - M.: Academy, 2006. - 224 p.. family troubles social support

To families who find themselves in difficult life situations, in accordance with the Federal Laws “On the Fundamentals of Social Services for the Population in Russian Federation» No. 195-FZ dated December 10, 1995 and “On the basic guarantees of the rights of the child in the Russian Federation” No. 124-FZ of July 24, 1998, the following families are included:

  • 1. guardianship families with orphans or children left without parental care;
  • 2. families with disabled children, children with physical disabilities, families with seriously ill people;
  • 3. families in which parents are unemployed;
  • 4. large families (3 or more children);
  • 5. single-parent families (families where parents are divorced or one of the parents has died);
  • 6. single mothers.

In modern Russian conditions, it is the state that determines social opportunities for improving the quality of life of the family as a whole. The social system currently can provide assistance to a family mainly at the stage of its crisis, at the time of conflict or disintegration, but most social institutions are not yet able to engage in the prevention of family dysfunctions and the establishment of family communications in a pre-crisis state.

Thus, a family is an association of people based on marriage or consanguinity, connected by a common life and mutual responsibility. In the family, a person learns the norms and rules of human behavior. When a family ignores, and sometimes completely refuses, for one reason or another, to perform any function, the image of the family is destabilized, and the threat of its collapse arises. Parents may be deprived of parental rights, and children may be sent to a boarding school.

Article 15. Protection of the rights of children in difficult life situations

1. The rights of children in difficult life situations are protected different ways. The concept of “children in difficult life situations” is contained in Art. 1.

Responsibilities government agencies powers regarding the protection of children in difficult life situations are distributed depending on whether the child is in full state provision at a federal state educational institution or not.

If a child is kept and is studying in a federal state educational institution, then his protection is carried out by state authorities of the Russian Federation in accordance with the legislation of the Russian Federation.

Federal state educational institutions include:

educational institutions where orphans and children left without parental care are kept (trained and/or raised) (boarding schools for orphans and children left without parental care with developmental disabilities, general education boarding schools, special (correctional) boarding schools, sanatorium boarding schools);

social service institutions (orphanages, boarding schools for disabled children with mental retardation and physical disabilities, social rehabilitation centers for children without parental care, social shelters);

healthcare institutions (orphanages);

other similar institutions.

The state, at its own expense, fully provides for the maintenance of children in the institutions listed above, incl. provides them with food, clothing and shoes, books and toys, gives them upbringing and education.

Guarantees for orphans and children left without parental care for the provision of housing, for obtaining a decent level of education, for career guidance and job selection are provided on the basis of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support of children -orphans and children left without parental care." For example, Art. 7 of the commented Law guarantees orphans and children left without parental care, as well as persons from among orphans and children left without parental care, the provision of free medical care and surgical treatment in state and municipal treatment and preventive institutions, incl. carrying out clinical examination, health improvement, regular medical examinations.

If the appropriate level of guarantees established by law is not provided to the child, then in his interests one of the parents, or persons replacing them, a prosecutor, or persons carrying out measures for education, upbringing, development, health protection, social protection and child social services.

By Decree of the President of the Russian Federation of March 26, 2008 N 404 “On the creation of a Fund for Supporting Children in Difficult Life Situations,” a Fund for Supporting Children in Difficult Life Situations was established. The founder of the fund is the Ministry of Health and social development RF, and its property is formed from the federal budget, voluntary property contributions and donations. The chairman and members of the fund's board are appointed by the Government of the Russian Federation. The creation of the Fund was caused by the need to really promote the implementation of state family policy, support the institution of family and protect the interests of children. The main goal of its activities is to stimulate social programs to support children and families who find themselves in difficult life situations. It implements training programs for specialists from children's institutions, including social shelters and educational colonies, and finances high-tech treatment programs for orphans and children without parental care.

The protection of all other children in difficult life situations is carried out by state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the constituent entities of the Russian Federation.

So, for example, in accordance with Art. 27 Law of the Sverdlovsk Region of October 23, 1995 N 28-OZ “On the Protection of the Rights of the Child” children from families of refugees and internally displaced persons, children who find themselves in extreme conditions, are under the protection of the state. Registration of refugee children and forced migrants to provide them with social and legal protection is carried out by the regional migration service in accordance with current legislation. Refugee and displaced children who have not lost their families are provided with social support. At their place of actual residence, they are provided with a place in educational organization, free provision of educational supplies, free treatment in medical organizations and at home.

2. All children, without exception, may need judicial protection. Judicial protection is required in situations where there has been or is a violation of the rights of the child. The state guarantees such protection.

A child who is in a difficult life situation can turn for help not only to his parents (guardians, trustees). The right to represent the interests of the child is granted to employees of the prosecutor's office, educational, medical institutions, institutions for social protection and social services for the child. The rights of the child can also be defended by the Commissioner for Children’s Rights under the President of the Russian Federation or the Commissioner for Children’s Rights in the relevant constituent entity of the Russian Federation.

Thus, a medical institution, during a stay in which a child got into a fight with other patients and suffered harm to health, can appeal to the court to protect the interests of the injured child or to the prosecutor's office, which will represent the interests of the child in court. For more information about the child’s right to judicial protection, see Art. 23 of the commented Law and commentary to it.

Judicial protection of children's rights is carried out in the manner established by procedural legislation. Legal representatives of children, guardians (trustees), guardianship and trusteeship authorities and the prosecutor can apply as plaintiffs for the protection of their rights. Legal representatives of minors in accordance with paragraph 1 of Art. 52 of the Code of Civil Procedure of the Russian Federation may be parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law. The rights and interests of orphans and children left without parental care are protected by guardianship and trusteeship authorities.

The guardianship and trusteeship authority has the right to assume the functions of guardianship or trusteeship in relation to a child if a child in need of guardianship (trusteeship) is not appointed a guardian (trustee) within one month. A specialized institution - a shelter, a rehabilitation center, in which a child can be temporarily placed while the issue of choosing the form of his permanent placement is being decided, cannot perform the functions of a legal representative, incl. go to court to protect the interests of the child. The rights and obligations of the guardian (trustee) remain only with the guardianship and trusteeship authorities.*(44)

The prosecutor, in the manner prescribed by Art. 45 of the Code of Civil Procedure of the Russian Federation, has the right to apply to the court in defense of the rights, freedoms and legitimate interests of a citizen if the child or his legal representatives cannot go to court themselves. Regardless of whether the child or his legal representatives can independently go to court, the prosecutor has the right to apply to the court with a statement, the basis of which is the appeal of citizens to him for the protection of violated or disputed social rights, freedoms and legitimate interests in the field of:

labor (official) relations and other relations directly related to them;

protection of family, motherhood, paternity and childhood;

social protection, including social security;

ensuring the right to housing in state and municipal housing stocks;

health protection, including medical care;

ensuring the right to a favorable environment;

education.

An orphan or a child left without parental care can independently defend his rights upon reaching 18 years of age. For example, if such a child was not provided with housing after the end of his stay on full state support in children's institution, then he has the right to either seek protection from a prosecutor or independently defend his right to housing in court by filing a claim with the relevant government authorities for the provision of housing.

3. Activities to protect the rights of children in difficult life situations are carried out by public associations (organizations) and other non-profit organizations, incl. international associations (organizations) represented by branches in the Russian Federation.

For example, the Center for Curative Pedagogy, operating in Moscow as a public organization since 1989, provides effective rehabilitation and educational assistance to children with severe developmental disorders. The center provides personnel training for specialists from children's institutions, government and non-government organizations, participates in the development of an integrative education system for children with disabilities, and provides psychological assistance to families with children with developmental disabilities. The center organizes comprehensive information and legal support for parents (up to consideration of issues in court), aimed at realizing the rights of disabled children to education and rehabilitation.

Since 2005, the Center’s specialists have repeatedly participated in trials to protect the rights of children to develop an individual development program and pay compensation to parents who paid for rehabilitation measures included in the individual development program in non-governmental organizations. Thus, the organization has repeatedly defended the right of disabled children to rehabilitation.

In protecting the rights to education, the Center managed to resolve many issues out of court. After lengthy correspondence with educational institutions and educational authorities, parents began to receive a fixed compensation in the amount of costs per child in an educational institution in the event of choosing a family form of education for their child with severe developmental disabilities. *(45)

The tax legislation of the Russian Federation provides a number of benefits for organizations engaged in activities to protect the rights of children in difficult life situations. The Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation dated September 18, 2009 N 03-05-04-02/72 states that, by virtue of clause 3 of Art. 381 and paragraph 5 of Art. 395 Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) from payment of property tax of organizations and land tax on federal level released following organizations disabled people:

1) all-Russian public organizations disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to property and land plots used to carry out their statutory activities;

2) organizations whose authorized capital consists entirely of contributions from the specified all-Russian public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, - in relation to property and land plots used for the production and (or) sale of goods (except for excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services);

3) institutions whose sole owners of property are the specified all-Russian public organizations of disabled people - in relation to property and land plots used by them to achieve educational, cultural, medical, health, physical education, sports, scientific, information and other goals of social protection and rehabilitation of disabled people , as well as to provide legal and other assistance to people with disabilities, disabled children and their parents.

4. When regulating judicial and some extrajudicial procedures related to the participation of children and the protection of their rights and legitimate interests, it is mandatory to take into account the child’s opinion. Of course, the child must reach an age from which he is able to express his opinion in a form understandable to everyone around him. As a rule, the opinion of a child who has reached the age of 10 is taken into account. on any issue concerning him (Article 57 of the RF IC). it must also be taken into account by the guardianship and trusteeship authority.

The UN Convention on the Rights of the Child contains a provision on the right of the child to express his opinion when resolving any issue affecting his interests, incl. be heard in any judicial or administrative proceedings affecting his interests.

According to the law, the child’s opinion is taken into account when:

choice by parents educational institution, forms of training (clause 2 of article 63 of the RF IC);

parents' resolution of issues related to family education children, their education (clause 2 of article 65 of the RF IC);

resolution by the court of a dispute about the place of residence of children when parents live separately (clause 3 of article 65 of the RF IC);

consideration of the claim of the child’s relatives to remove obstacles to communication with him (clause 3 of Article 67 of the RF IC);

consideration of the parents' claim for the return of their children (clause 1 of Article 68 of the RF IC);

refusal of a claim for restoration of parental rights (clause 4 of Article 72 of the RF IC);

refusal to satisfy the claim to cancel the restriction of parental rights in judicial procedure(clause 2 of article 76 of the RF IC);

consideration of cases challenging records of paternity (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”).

Taking into account the child’s opinion means that his opinion is mandatory is heard and taken into account when making a decision. Parents, as a rule, decide all issues related to the upbringing and education of children according to their mutual agreement based on the interests and taking into account the opinions of children.

In accordance with Art. 157 of the Code of Civil Procedure of the Russian Federation, the court when considering cases, incl. concerning the fate of children, is obliged to directly examine the evidence in the case, including:

listen to explanations of the parties and third parties, testimony of witnesses, conclusions of the guardianship and trusteeship authority, consultations and explanations of specialists;

review written evidence;

examine physical evidence;

listen to audio recordings and watch video recordings.

When deciding which parent the child will live with after the divorce and how often he will communicate with the other parent, the court is obliged to take into account the opinion of the child who has reached the age of 10 (Clause 2 of Article 24 of the RF IC). In case of disagreement with the child’s opinion, the court is obliged to substantiate the reasons why it considered it necessary not to follow the child’s wishes.

The opinion of a child left without parental care is taken into account by the guardianship and trusteeship authority in cases of appointing a guardian or trustee, transferring him to a foster family, for adoption, or terminating guardianship, trusteeship and transferring the child to a children's institution.

5. If law enforcement procedures are carried out in relation to a child, then mandatory conditions for making final decisions or taking actions in relation to the child, the priority is to ensure the personal and social well-being of the child, taking into account his interests, age and social status of the child.

The concept of “taking into account the best interests of the child” is contained in principle 2 of the Universal Declaration of Human Rights of 1948, according to which the child should be provided by law and other means with special protection and with opportunities and favorable conditions that would enable him to develop physically, mentally, morally, spiritually and in a socially healthy and normal way and in conditions of freedom and dignity. In making laws for this purpose, the best interests of the child must be the primary consideration. In addition, Principle 7 of the Declaration enshrines the best interests of the child as the guiding principle for parents and others responsible for a child's education and learning.

The UN Convention on the Rights of the Child uses the concept of “best interests of the child”. According to this Convention:

Parents or, where appropriate, legal guardians have primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern (Article 18);

a child who is temporarily or permanently deprived of his family environment or who, in his own best interests, cannot remain in such an environment, has the right to special protection and assistance provided by the state (Article 20).

In national law, incl. In the commented article, the concept of “best interests of the child” was transformed into two more specific separate concepts - “ensuring the priority of the personal and social well-being of the child” and “the interests of the child.”

IN family law contains many rules that indicate to the court, guardianship and trusteeship authorities, other bodies and interested parties the need to take into account the interests of the child when deciding issues concerning his fate, for example:

1) in the interests of the child himself and taking into account the priority of his personal and social well-being, in the case of a child being transferred for adoption, the secrecy of adoption is protected by law;

2) in the interests of the child, the court may deviate from the general rule that it is impossible for persons whose housing does not meet sanitary and technical standards to become adoptive parents, and still transfer the child to a person who, based on his personal qualities, is suitable for the role of an adoptive parent and is able to care for the child. The responsibility for establishing compliance with the interests of the child rests with the guardianship and trusteeship authority, which prepares a conclusion on the validity of adoption and submits it in court (clause 2 of Article 125 of the RF IC);

3) in order to protect the rights and legitimate interests of the adopted child, the guardianship and trusteeship authority at the place of residence of the adopted child exercises control over the conditions of his life and upbringing. Control examinations are carried out during the first three years, and if necessary, periodic examinations can be carried out until the child reaches 18 years of age;

4) permission to change the surname or first name of a child is given by the guardianship and trusteeship authorities only based on the interests of the child (Article 59 of the RF IC);

5) the court may refuse the claim for recognition invalid marriage, concluded with a person who has not reached marriageable age, if the interests of the minor spouse require it (Article 29 of the RF IC);

6) by virtue of their position, parents have the right to demand the return of the child from any person who is not keeping him on the basis of the law or on the basis of a court decision. When considering these claims, the court is not bound by the rights of the parents and may refuse to satisfy their claim if it comes to the conclusion that the transfer of the child to the parents does not meet the interests of the child (Clause 1 of Article 68 of the RF IC).

6. Part 4 of the commented article defines the protection of children’s rights when regulating extrajudicial procedures related to the participation of children and (or) the protection of their rights and legitimate interests, as well as when making decisions on punishments that can be applied to minors who have committed offenses.

The juvenile justice system is aimed primarily at ensuring the well-being of the juvenile and ensuring that any measures taken against juvenile offenders are always commensurate with both the personality of the offender and the circumstances of the offense.

That's why court decisions in relation to minors should be issued only after full research all case materials, incl. properties of the child’s personality, his age and social status, with the imposition of punishments that can be applied to minors, and not in conflict with the generally accepted principles and norms of international law, the norms provided for by international treaties of the Russian Federation.

So, for example, in Art. 431 of the Code of Criminal Procedure of the Russian Federation, the legislator provides for minors the possibility of replacing criminal prosecution with the use of compulsory educational measures. Compulsory educational measures may be prescribed if, during the preliminary investigation of a criminal case for a crime of minor or medium gravity, it is established that the correction of a minor accused can be achieved without the use of punishment. At the same time, when making a final decision, the court evaluates the behavior of the accused during the preliminary investigation (compliance with the chosen preventive measure, his appearance when summoned to the preliminary investigation authorities), as well as his readiness to make amends for the harm caused.

Typically, criminal cases involving minors end up in regular courts. general jurisdiction. However, in some regions, juvenile courts were created as an experiment. It is perhaps too early to judge the results of their work. The main principle of juvenile justice is that children cannot be tried as adults. There are no bars in the courtrooms, the judge calls teenagers exclusively by name, avoiding the address "defendant", strangers are not allowed into the courtroom, while the defendant, lawyer, prosecutor and victim sit at the same pentagonal table. * (46) Most often, teenagers are sentenced to juvenile charges courts to suspended sentences, correctional labor and forced education in a closed special school. In addition, courts often make private representations to the employment center, the commission for minors, and social security services, i.e. those authorities that can help the child further resolve the difficulties that prompted him to commit a crime.

In general, juvenile justice leads to a decrease in the growth of juvenile crime, incl. reduction of recidivism, since it allows more careful consideration individual characteristics children.

Despite the efforts made, the Russian justice system is largely imperfect and does not comply with the provisions of the UN Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”), approved by UN General Assembly resolution 40/33 on November 29, 1985. In particular, 8.2. These rules indicate that, in principle, no information should be published that could lead to an indication of the identity of a juvenile offender. However, the Criminal Code of the Russian Federation does not contain any restrictions regarding the publication of information about minors, and during the preliminary investigation such information may well be freely disclosed at the discretion of the investigator or prosecutor.

Unfortunately, positive experience is not borrowed from Russia Western countries to implement special programs to support reconciliation between a minor offender and a victim, and organize public supervision of a minor released from punishment.*(47)


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