For citation:
Alkova M. A., Alkov N. S. Problems of Legal Regulation of Additional Guarantees for Children with Special Legal Status (Study into the Mechanism for Providing Housing for Orphans and Children Left Without Parental Care). Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 4, pp. 454-461. DOI: 10.18500/1994-2540-2019-19-4-454-461
Problems of Legal Regulation of Additional Guarantees for Children with Special Legal Status (Study into the Mechanism for Providing Housing for Orphans and Children Left Without Parental Care)
Introduction. International legal standards of the rights of the child bind states at the domestic level to ensure that all rights of the child are respected for the purposes of their physical, mental, spiritual, moral and social development. Orphans and children without parental care are also endowed with special rights designed to promote the best interests of the child. Theoretical analysis. The current Russian legislation sets forth additional guarantees included in the content of the legal status of children in need of special attention. These include the right to education, the right to medical care, the right to property and housing, the right to work, and the right to judicial protection. Empirical analysis. The right to housing, guaranteed by the Constitution of the Russian Federation, is realized through a single provision by the executive authority of a constituent entity of the Russian Federation of a well-furnished specialized housing stock under a contract for the rental of specialized residential premises. At present, both judicial practice and the activities of law enforcement agencies emphasize the relevance of the issue under study, due to the presence of significant gaps in the current legislation that impede the implementation of the housing guarantee in full. Results. The main reason for the state’s failure to fulfill the obligation to provide housing for orphans and children without parental care, as exemplified by Saratov Region, is the lack of adequate funding that requires a fundamental reform in the field under study: assignment of authority to provide housing for orphans and children without parental care to the competence of the Russian Federation.
- The Declaration of the Rights of the Child of 20.11.1959. ATP «Consultant» [electronic resource] (in Russian).
- Convention on the Rights of the Child of 20.11.1989. Sbornik mezhdunarodnykh dogovorov SSSR [Collection of international treaties of the USSR], 1993, vol. XLVI (in Russian).
- Problemy kollizionnogo regulirovaniya semeinobrachnykh otnosheniy v prave Rossiiskoi Federatsii [The problems of confl ict regulation of family-marriage relations in the law of the Russian Federation. Sci. ed. S. T. Maksimenko, O. Y. Sitkova]. Moscow, Prospekt Publ., 2019. 192 p. (in Russian).
- Borisova N. E., Dmitrieva Y. A., Zakharov S. V. Konstitutsionno- pravovoi status rebenka v Rossiiskoi Federatsii [Constitutional and legal status of a child in the Russian Federation]. Moscow, Manuskript Publ., 1998. 107 p. (in Russian).
- Letova N. V. Semeynyi status rebenka: problemy teorii i praktiki [Family status of the child: problems of theory and practice]. Moscow, Prospekt Publ., 2018. 144 p. (in Russian).
- Matveeva M. V. Prava rebenka v semeinom prave: problemy zakonodatel’stva, teorii i praktiki [The rights of the child in family law: problems of legislation, theory and practice]. Diss. Cand. Sci. (Jur.). Moscow, 2017. 208 p. (in Russian).
- The Family Code of the Russian Federation of 29.12.1995 no. 223-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1996, no. 1, art. 16; 2018, no. 1 (pt. 1), art. 22 (in Russian).
- On Basic Guarantees of the Rights of the Child in the Russian Federation. Federal Law of 24.07.1998 no. 124-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1998, no. 31, art. 3802; Rossiiskaya gazeta [Russian newspaper], 2018, no. 295 (in Russian).
- On additional guarantees for the social support of orphans and children left without parental care. Federal Law of 21.12.1996 no. 159-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1996, no. 52, art. 5880; 2018, no. 32 (pt. 2), art. 5115 (in Russian).
- On Custody and Guardianship. Federal Law of 24.04.2008 no. 48-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2008, no. 17, art. 1755; 2018, no. 1 (pt. 1), art. 79 (in Russian).
- On State Social Assistance. Federal Law of 17.07.1999 no. 178-FZ (an edition of 27.12.2018). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1999, no. 29, art. 3699; Rossiiskaya gazeta [Russian newspaper], 2018, no. 295 (in Russian).
- The Housing Code of the Russian Federation of 29.12.2004 no. 188-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2005, no. 1 (pt. 1), art. 14; 2019, no. 30, art. 4116 (in Russian).
- Formakidov D. A. Legal regulation of the hiring of specialized residential premises. Semeinoe i zhilischnoe pravo [Family and Housing Law], 2018, no. 2, pp. 45–48 (in Russian).
- Review of the practice by the courts of cases involving the provision of orphans and children left without parental care, persons from among orphans and children without parental care, with living quarters, approved by the Presidium of the Supreme Court of the Russian Federation on 20.11.2013. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Supreme Court of the Komi Republic of 12.07.2018 in case no. 33-4020/2018. ATP «Consultant » [electronic resource] (in Russian).
- Appeal ruling of the Sverdlovsk Regional Court of 22.09.2017 in case no. 33-15927/2017. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Ulyanovsk Regional Court of 03.07.2018 in case no. 33-2638/2018. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Supreme Court of the Chuvash Republic of 12.11.2018 in case no. 33-5060/2018. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Leningrad Regional Court of 01.11.2018 in case no. 33-6810/2018. ATP «Consultant» [electronic resource] (in Russian).
- The appellate decision of the Supreme Court of the Komi Republic of 25.04.2016 in case no. 33-2574/2016. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Nizhny Novgorod Regional Court of 13.11.2018 in case no. 33-13457/2018. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Nizhny Novgorod Regional Court of 17.04.2018 in case no. 33-4475/2018. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Stavropol Regional Court of 27.09.2016 in case no. 33-7142/2016. ATP «Consultant» [electronic resource] (in Russian).
- Appeal ruling of the Irkutsk Regional Court of 14.11.2018 in case no. 33-9871/2018. ATP «Consultant» [electronic resource] (in Russian).
- The task of providing housing for orphans is not effectively solved. Schetnaia palata Rossiiskoi Federatsii (Accounts Chamber of the Russian Federation. Site). Available at: http://www.ach.gov.ru/press_center/news/35701 (accessed 24 September 2019) (in Russian).
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 no. 6-FKZ, of 30.12.2008 no. 7-FKZ, of 05.02.2014 no. 2-FKZ, of 21.07.2014 no. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).