Sample application in the guardianship department. Application for improper education of a child in guardianship authorities. Sheek over incapable people

Application in custody for permission. The general rules for the disposal of the property of the wards are established by the Civil Code of the Russian Federation.

The custody and guardianship bodies provide guardians and trustees of permission and mandatory instructions in writing in relation to the disposal of the property of the wards.

The wards do not have ownership of the property of guardians or trustees, and guardians or trustees do not have ownership of the property of the wards, including the amount of alimony, pensions, benefits and other social benefits provided to the content.

Property can belong to guardians or trustees and wards on the right of common property on the grounds provided for by civil law.

The wards are entitled to use the property of their guardians or trustees with their consent.

Guardians or trustees are not entitled to use the property of the wards in their own interests, with the exception of the cases provided for in Article 16 of the Federal Law "On Covenant and Trusteeship".

The guardian or trustee, with the exception of citizens' trustees limited by the court in legal capacity, is obliged to adopt the property of the ward according to Obia from persons who carried out its storage, within a three-day period from the moment of their rights and responsibilities.

Inventory of the property of the ward is compiled by the guardianship and trusteeship body in the presence of a guardian or trustee, representatives of the partnership of housing owners, housing, housing and construction or other specialized consumer cooperative, carrying out the management of an apartment building, a managing organization or internal affairs bodies, as well as a minor ward that has reached the age of fourteen years, at his request. In the preparation of the design of the property of the ward there may be other stakeholders. Inventory of the property of the ward is compiled in two copies and is signed by all persons involved in its preparation. One copy of the inventory is transmitted to the guardian or trustee, another copy of the specimen is to be stored in the ward that leads the guardianship and guardianship authority.

The property of the ward, in respect of which, in accordance with Article 38 of the Civil Code of the Russian Federation, a contract of trust management of property, a guardian or a trustee is not transmitted.

If necessary, if this requires the interests of the ward, guardian or trustee immediately is obliged to submit to the court about the recovery of the property of the ward from someone else's illegal ownership or take other measures to protect property rights of the ward.

The guardian and the guardian are obliged to take care of the property of the wards transferred to them as their own, not to reduce the value of the property of the ward and contribute to the extraction of income from it. The execution of the guardian and the trustee of these duties is carried out at the expense of the property of the ward.

Application in custody for permission (different samples)


Politicians on __________ District of Moscow
Bykov L.I.
From (Full name. Fully parents)
Moscow, ul. Lenin 43-54

Application in custody for permission to give consent to the sale of real estate
owned by a minor with simultaneous purchase

Please allow to give the consent of a minor (His) Son (daughter) (Full name (Fully), year of birth) Sell ______ Shares in (indicated the data of the alienated residential premises: how many rooms, the total and living area, address).
With the simultaneous purchase of ________________ with the par. Minor (s) ______ Salt to Property in a purchased apartment.

A copy of the certificate of state registration of ownership of our (her) of a minor (s) of the Son (daughter) (Ph.D., year of birth) is bred to provide within a month.

Cause of the transaction:

"__" ____________ 20__

Application in custody to receive permission to sell on behalf of a minor real estate with simultaneous purchase

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
From (Full name. Fully parents)
From (Full name. Fully parents)
Registered at:
Moscow, ul. Lenin 43-54
contact number ______________


Sell \u200b\u200bon behalf of minor real estate with simultaneous purchase

I ask you to allow us on behalf of the young (her) son (daughter) (F.I.O. (Fully), year of birth) to sell ______ Shares in (indicated the data of the alienated residential premises: how many rooms, the overall and living area, address).
With the simultaneous purchase of ____________________________ with the endowment (F.O., Minor (s)) _______ Salt to Property in the purchased apartment.

A copy of the certificate of state registration of ownership of our (s) of the young (her) son (daughter) (FF, Year of birth) is bred to provide within a month.
Cause of the transaction:

"__" ____________ 20__

Signature and Signature Decoding ________________

Application in the custody of permission on behalf of a minor to abandon the advantage of the purchase of residential premises

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
From (Full name. Fully parents)
From (Full name. Fully parents)
Registered at:
Moscow, ul. Lenin 43-54
contact number ______________


On behalf of a minor abandon the preemptive right to buy residential premises

I ask you to allow us on behalf of the young son (daughter) (F.I.O. (FULL), year of birth) to abandon the advantage of the purchase of a residential premises: (Residential data is indicated: how many rooms, total and living space, address) in connection With the lack of money.

Juicy (Yaya) _________________ is the owner in (the data of the residential premises are indicated: how many rooms, total and living space, address)
______________________________________________________________________________________________________________

"__" ____________ 20__

Signature and Signature Decoding ________________

Application in custody to obtain permission to agree to a minor to abandon the preemptive right to buy residential premises

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
From (Full name. Fully parents)
From (Full name. Fully parents)
Registered at:
Moscow, ul. Lenin 43-54
contact number ______________


Agree to a minor to abandon the advantage of the purchase of residential premises

I ask you to allow us to consent to our (her) to a minor (her) son (daughter) (F.I.O. (Full), year of birth) to abandon the advantage of the right to buy residential premises: (Posted by residential premises: how many rooms, general and Living area, address) due to the lack of money.
Minor (Yaya) ___________________ is the owner (the dwelling data is indicated: how many rooms, total and living space, address)

"__" ____________ 20__

Signature and Signature Decoding ________________

Sell \u200b\u200breal estate with simultaneous purchase

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
from __________________


Moscow, ul. Lenin 43-54

Application for care on behalf of a minor to obtain permission
Sell \u200b\u200breal estate with simultaneous purchase

I ask for me to sell _______ shares in (indicated the data of the alienated residential premises: how many rooms, the total and living area, address) on the right of the common share ownership with simultaneous purchase _______________________ endowed me _________

"__" ____________ 20__

Signature and Signature Decoding ________________

Application in custody on behalf of a minor to obtain permission to refuse the preemptive right to buy residential premises

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
from __________________
(Full name. Fully minor)

registered at:
Moscow, ul. Lenin 43-54

Application for care on behalf of a minor to obtain permission
abandon the advantage of the purchase of residential premises

I ask for me to resolve the preemptive right to buy a residential premises: (The data of the alienated residential premises are indicated: how many rooms, the overall and living area, address) due to the lack of money.

"__" ____________ 20__

Signature and Signature Decoding ________________

Application to the custody for permission to receive monthly and spending pensions and benefits and other social benefits on behalf of a minor

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
From (Full name. Fully parents)
From (Full name. Fully parents)
Registered at:
Moscow, ul. Lenin 43-54
contact number ______________

Application to the custody of permission to receive monthly and spending pensions
and benefits and other social benefits on behalf of a minor

I ask you to resolve on behalf of the Minor Son (daughter) ___________________ to receive and spend my pensions and benefits and other social payments due to my (s) to a minor child with l / account _______________________ in the name _________________.

"__" ____________ 20__

Signature and Signature Decoding ________________

Application in custody for permission to receive monthly and spending pensions and benefits and other social benefits

Head of Social Management
Policies on _______________
district of Moscow
Bykov L.I.
from ______________________
Registered at:
Moscow, ul. Lenin 43-54
contact number ______________


Early receive and spend pensions and benefits and other social benefits

I ask you to allow me to receive and spend my pensions and benefits and other social payments due to me from l / account _________________________ on my name.

"__" ____________ 20__

Signature and Signature Decoding ________________


The guardianship and guardianship authorities should protect the rights of citizens already under guardianship or in need. They are assigned to guardians, for citizens who want to adopt a child and many other tasks. If the guardianship and guardianship authorities exceed their powers, extort a bribe or you have claims to actions (inaction) officials of representatives of the guardianship authority, you can write a complaint.

How to write a complaint with guardianship authorities

Write a complaint against guardianship authorities in several ways:

  1. Russian Post.
  2. With the help of online services "Electronic reception".

Where to complain to guardianship

Complain to exceed the authority, the corruption of officials is possible in the following instances:

  1. Commissioner for the Rights of the Child (if a minor rights are violated)
  2. Commissioner for Human Rights in the Russian Federation

Complaint of the prosecutor's office

The prosecutor's office supervises compliance with the rights and freedoms of a citizen of the Russian Federation, for the execution of laws by various services, local governments, control bodies and their officials.

A complaint to the prosecutor's office must be registered within three days from the date of receipt. The decision on appeals that do not require additional verification is made within 15 days. The maximum term for consideration and decision on the complaint is 30 days from the date of its registration. If the complaint does not contain the information necessary for its permission, it can be returned to the applicant at 7 days.

When writing a complaint to the district prosecutor's office, the following recommendations should be followed:

  1. The contact details of the applicant must be reliable and complete. Anonymous complaints about guardianship bodies are not accepted for consideration.
  2. The complaint must be written in Russian and is divided into sentences.
  3. The text of the complaint should contain a maximum of information that will be needed for its permission. Otherwise, the complaint will be returned to the applicant.
  4. If the complaint goes through the online reception, the applicant may attach confirmation of video speakers or text / graphic files. The maximum amount of documents should not exceed 5 MB. The following formats are acceptable: TXT, DOC, RTF, XLS, PDF, JPG, BMP, TIF, MP3, AVI, MP4, WMV, MOV.
  5. If the complaint contains materials exceeding the permissible volume, they are recommended to send them to the district prosecutor's office. In the text of the electronic circulation, specify this.

Many people for one reason or another seek the guardianship and guardianship authorities. These organizations must protect them in certain situations, therefore, in this issue, it should be seriously understood that perfectly know their rights. Then they will definitely not be broken. To me, as a lawyer was often treated with a problem in these relationships, often the guardianship authorities do not want to do anything to protect children, or opposite they abuse their powers. Contact, make a complaint and by your problem, we will find a guide to custody and restore justice.

This appears the question: how to find a board on guardianship. It is necessary to file a complaint with regard to certain rules and norms. The complaint can be submitted to such instations:

  • hasional guardianship and guardianship bodies;
  • prosecutor's Office;
  • law enforcement agencies;
  • judicial instance;
  • authorized by the Rights of the Child.

With the first complaint, often appeal to the prosecutor's office. This is one of the main organizations that leads supervision to respect the rights and freedom of citizens. So, how to submit to the prosecutor's office on the custody and guardianship authorities? For this, the complaint itself is issued. The document does not have the document, at the same time, it should be legally competent and with the content of all the necessary information and facts. It is registered for three days after granting to the authority. If you have any questions, you can always consult with specialists who have proven themselves from the good side.

Watch the video, why I break through the use of the rights of samples from the Internet, and do not forget to subscribe to the YouTube channel to receive tips in the comments of the video:

A complaint is submitted to the actions of the guardianship and guardianship authorities in case it is necessary to challenge any decision or inaction of the body. Complaints issued on empowerment rights or human rights also have their legal force. Since the specialists of these bodies act as guarantors that protect people's rights.

A filed complaint against the inaction of guardianship and guardianship authorities will allow the authority to check in the structure of the guardianship and obtain a document on the fact of violation. Similar words, when you come across such a problem before finding out who is standing on guardianship authorities, like someone, to file a complaint, you should seek advice with an experienced, competent lawyer. Only in this case, your actions can lead to a positive result. Call, if you need help, I will tell you how to do !!!

How to file a complaint with guardianship and guardianship authorities?

Finally, we note that complaints are submitted either by shipment by mail, or with the help of modern online services of the relevant authorities, more promptly the personal appeal to the registering authorities with the registration of the complaint and the assignment of the incoming number of correcking. If you are interested in obtaining an optimal result, consider the information provided by us. She will help you to get out of various unforeseen situations.

ATTENTION: You can make up with our help in a short time and on favorable terms.

Sample complaints of guardianship and guardianship

Ministry of Social Policy in the Sverdlovsk Region

620144, Yekaterinburg ul. Bolshakova, 105.

Prosecutor's Office Asbest

624270, Asbestos, ul. Chapaeva, d.39

From K.

Complaint of the inaction of guardianship and guardianship bodies

I, K., appealed to the territorial administration of social protection of the MSZN CO in the city of Asbesta in the interests of a minor niece V., who remained without parental care. Meanwhile, on August 17, 2012, the response was received on my appeal, from which it follows that no measures for the protection of minor rights are not accepted.

By virtue of Art. 63 SC RF Parents have the right and obligations to educate their children.

According to Article 121 of the Family Code of the Russian Federation: "Protection of the rights and interests of children remaining without parental care, in the event of evasion of parents from raising children assigned to the guardianship and guardianship authorities ".

Article 16 of the Federal Law "On the Fundamentals of the Next Sweeping Prevention and Offenses of Minors" enshrines that guardianship and guardianship bodies participate within their competence in the conduct of individual preventive work with minors, as well as measures to protect personal and property rights of minors in need of state assistance.

Despite the goals and objectives of the state authority of the Sverdlovsk region - the Office of the Social Policy of the Ministry of Social Policy in Asbesta, they did not take measures to protect the minor, and therefore, their actions should be considered illegal:

  1. From the response of the territorial management of social policy in Asbesta, it follows that the employees of the guardianship and guardianship authority establishment of the execution of parental duties on the part of N., Mother of Minor V. as follows from the letter, N. left for permanent residence in Yekaterinburg and is impossible Install its accurate location. But the employees of the guardianship authorities are not given a proper assessment of these circumstances, no attempts have been made to search for missing mothers, the conclusions are not made about the need to limit the parental rights of the mother who left their child.
  2. The territorial management of social policy on the city of Asbesta measures to protect the rights of minors V. was not taken, the situation was not assigned to control, the explanations with V. did not take, the conversations were not held with her. The authority did not find out the state of the most minor, her relationship to what was happening, her desire to remain in a situation with parents who negatively affect the psyche of the child, do not participate in the upbringing and content of their daughter. The reduced argument indicates the incompleteness of the inspection, on the hasty of the response from the body.
  3. The territorial administration of social policy in Asbesta did not participate that in this case not preventive measures are needed, since they have already been conducted, in particular, the poll of the Mother of 24.07.2012, and the wave of concrete response actions, such as the restriction of parents in Rights, deprivation of their parental rights.
  4. In response to the territorial management of social policy on the city of Asbest, it is indicated that with the father of the child, V., a conversation was held. It was found that V. with the child communicates, providing material assistance. Father's approval data are false. Circumstances confirming the words of the child's father are not clarified and are not identified by polling officers. This fact indicates not the professionalism of the territorial management of social policies in Asbesta, who held a conversation with the father of the child.
  5. The testimony of the mother, N., and me, in terms of the non-participation of the father's father in the upbringing of V. remained without attention. The words of V. Not proven.
  6. The staff of the territorial management of social policy in Asbesta is not found out why the daughter does not live with the father and mother, the residential premises of V., which indicates the unwillingness of the body to understand the established problem. The examination of the premises of the child's father would show that the impossibility of residing daughters in such conditions, the harmful habits of the child's father and would be an unconditional basis for the adoption of the response measures by the body, the purpose of which is the protection of minor rights.
  7. In the territorial management of social policy in Asbesta, my testimony is not taken into account regarding the duration of the child's stay not with parents. B. Lives with me for more than a year and a half. The staff members of the guardianship and guardianship of the conversation with N. prophylactic influence were carried out by the staff of the body and guardianship, properly execute their duties on the proper education and content of Anastasia, both from the mother and from the Father's side.
  8. It was left without due attention to the characteristic of the class teacher K., in which it is expressing that Mom actually did not participate in the upbringing of his daughter, did not attend parental meetings.

The Convention on the Rights of the Child, which has entered into force on the territory of the USSR, September 15, 1990, proclaimed the responsibilities of the participating States to ensure the child such protection and care that is necessary for his well-being, taking into account the rights and obligations of parents.

At the moment, the situation has not changed. My niece continues to live with me, the relationship between V. With Mother and the Father is absent. Neither the Father, nor the mother of the child's life interests, do not provide material assistance.

The organ was necessary to conclude that parents in violation of the requirements of Art. 63, 80 Family Code of the Russian Federation improperly carried out parental responsibilities.

Based on the above and guided by the RF IC, the Federal Law "On the basics of the system of prevention of neglect and offenses of minors":

ASK:

  • attract the perpetrators to disciplinary responsibility for improper implementation of their official authority when checking appeals aimed at protecting the rights of minors;
  • make exhaustive measures to social protection of the rights of minor;
  • to make a lawsuit on the deprivation of parental rights of parents.

Application:

  1. Response to appeal;
  2. Characteristic from school;
  3. Parent surveys and other materials in confirmation of the arguments of the complaint.

Date, signature

There are often situations in everyday life when we see the unfair attitude of the parents to their children. For example, neighboring little kids often remain alone. Their not clear milf is walking somewhere, and then leads to the house of new workers. They cut alcoholic beverages in the presence of kids.

Root and try to lead to prudence such people is extremely difficult. No one listens to the observations of foreign people, and still tormented offend. In such situations, it is easy to confuse. If you figure it out, we do not even know where we commend and whether we are right, trying to protect themselves in any other kids from the kishenia of their relatives.

Rights of juvenile in the Russian Federation

The child, in contrast to the adult, to defend its right to health, both moral and physical, is unable due to their age. The law protects his rights, but he does not know about it. Basically, the child is protected by guardianship organs. In our society, sometimes close relatives infringe upon the rights of the child with their behavior.

The child in our country has the right:

  • live and brought up in the family;
  • for communication with parents and other relatives;
  • on protecting sexual immunity and on abuse from adults, to the expression of his opinion;
  • in the name, patronymic and surname, as well as their change;
  • obtaining content from parents and other relatives;
  • property and disposal of property, to him belonging.

Parents who first should stand on guard of moral education and protect their children, often themselves humiliate them. Join the kids of teachers, neighbors, absolutely foreign people who see an offense. The children who have reached the age of 14, have the right to submit a complaint to the prosecutor's office on their relatives if the conflict of interest between them occurs.

In the Family Code of the Russian Federation, mechanisms of impact on violators of children's rights are provided. OOP closely interact with the prosecutor's office, representatives of the internal affairs bodies and minors committee. The illegal actions of parents may entail deprivation of parental rights and criminal liability.

The attraction applies not only to relatives, but also on foreign people (teachers, representatives of medical institutions, other employees working directly with children). Inappropriate performance of their official duties entails not only criminal penalties, but also a ban on labor activity in the direction of working with children up to three years.

Where to handle a statement?

If you saw that they offend a minor child, then contact the complaint is necessary:

  • into law enforcement agencies (prosecutor's office, commission on juvenile, ATS);
  • in the department of guardianship and guardianship (authorized to protect the rights and interests of children, both living in the family and remaining without care).

To guardianship and guardianship

OOP - institutions of the executive power of the subject of the Russian Federation. They fulfill the tasks of protecting the rights of those who are installed on which the guardians are installed, and those who act as minors and incapable guardians. Their functions are as follows:

  • identification and accounting of persons in need of care;
  • selection of citizens and families who are willing to take care of their family children left without parents or living in disadvantaged families or children's institutions;
  • exercising oversight for the execution of guardians of their duties assigned to them by law (verification of living and maintenance conditions);
  • identification, removal of guardians from their duties, sending a request to the ATS;
  • compliance with the property rights of minors and incapacitated citizens up to the issuance of permits for carrying out transactions with property;
  • representing the interests of defending in court and other government agencies;
  • providing comprehensive assistance to guardians performed by their legal obligations towards taught children and incapable citizens.

In prosecutor's office

The prosecutor's office initiates a trial regarding the deprivation of parental rights of the violator (parent or guardian), restricts the rights or improving criminal liability. The prosecutor is held on adoption or cancellation of it.

Employees are defended by children from illegal propaganda of information, which can negatively affect the mental and moral development of the child. In the prosecutor's office, the complaint is regarded necessarily and the case is initiated for a trial on the issue of the offenses listed in the statement.

In the Commission on Juvenile Affairs

Commission on juvenile affairs are created by the highest authorities and local government. Their main tasks are to protect the rights and interests of children. They also supervise the development, education and living conditions of minors, carry out prevention of child crime and continority. Have the following powers and play keywords:

  • develop programs for the protection of the rights and interests of juvenile;
  • conduct measures to prevent care and offenses among children;
  • reveal negative manifestations among adolescents living in socially dangerous conditions;
  • directly participate in court sessions related to the violations of children's rights.

In addition to commissions for minors, other government agencies are in defense of rights. These are various centers: the center of assistance to children who remain without parental care, a social and rehabilitation center for minors.

How to write a statement: sample

According to Art. 33 of the Constitution of the Russian Federation, citizens have the right to submit a group complaint to authorized bodies. If information on the violation of the kid 'rights is confirmed, then it is necessary to write to the guardianship and guardianship authorities at the place of residence of the child.

If there is no possibility to come in person personally, you can send by registered mail by mail. The statement indicates the address of the child's stay, the information about the applicant, the arguments of the case, the laws regulating this issue, a petition for the merits (check the living conditions, to conduct a conversation, deprive parental rights, etc.), contact telephone for feedback. A sample of the statement of the Father, which complains about the mother of their common child in the OOP, is presented below.

How is the protection of the rights of a minor child?

The protection of the rights of the child is actively involved in guardianship and law enforcement agencies. If the interests of children and parents diverge, the situation interferes with the situation. They react to appeal and check the accuracy of information submitted by the third party. In cases of ill-treatment of the child or violations of its sexual integrity of the OOP, information transfer information to law enforcement agencies and a commission on juvenile affairs. Unlawful actions in relation to the kid entail not only deprivation of parental rights, but also criminal liability.

The application for the inadequate education of the child can be served by relatives or neighbors of a minor who noticed violations and unlawful behavior by parents. To appeal to guardianship and guardianship authorities (OOP), it is important to know the foundations, procedure and features of compulsory compulsion. Consider how to do everything right and what the family expects after the appeal of caring citizens.

The concept of improper parenting

The rights and obligations of parents are regulated by Art. 63 and 64 of the RF IC.

According to them, before an adult child, they should:

  • bear full responsibility for their development and upbringing;
  • take care of mental, physical, moral and spiritual development;
  • provide nutrition, treatment, clothing, obtaining general education;
  • protect juvenile interests in front of state and commercial institutions.

Based on the above, under the inadequate education of children, the violation of at least one point is meant:

  • creation of obstacles in obtaining education
  • amoral behavior,
  • education of the asocial perception of the world and others.

There is no accurate wording in the legislation.

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Grounds for applying for guardianship

The responsibility for the control of families and children is assigned to the custody and guardianship authorities of 24.04.2008 No. 48-FZ.

Carrying citizens can be consistent in the presence of the following grounds:

  • bad conditions for accommodation minors. Here is meant the starvation of children, permanent stay in neakkurat clothes, starvation, systematic skips of lessons in an educational institution;
  • alcoholism, drug addiction and toxicism. If parents have such diseases, they are hard to form in children the right vision of the world. Juvenile are in extremely bad conditions: psychological and physical violence are experiencing, do not receive proper education. There are many concomitant factors: poor nutrition, unequivocally in school, etc.;
  • leaving a child in danger. The appeal to the OhIP is relevant when due to the illegal actions of the parents of life and health of children threatens danger;
  • abuse of parental rights: a ban on a visit to the school and additional sections, the intentional formation of bad habits;
  • cruel treatment: Application to children of violence in the form of threats, beating, intimidation, other psychological pressure.

Consider practical examples:
№1. Unfavorable child stay.

The Avdeev family lives in a private house, they have three children. The house is in disserval, requires overhaul. Sons and daughter eat badly, they have a painful and unclean species, have bad habits - smoking. Mother does not work, and the salary of the father is 15,000 rubles. In the family, the unfavorable atmosphere identified by the OhIP during the visit after receiving the complaint from the neighbors. Parents registered and obliged to correct the situation.

№2. Leaving in danger.

Abimov's spouses drove to friends, leaving a 3-year-old child in a car on the sun. The girl was there for 2 hours, until the random passerby noticed her. He called the police. Upon arrival, the door of the car opened, the child took the ambulance brigade. Due to the stay in the sampling salon, the girl lost consciousness. After resuscitation, she came to himself, but significant health problems were revealed.

Parents found, the case was transferred to the prosecutor's office. Father and mother attracted responsibility under Art. 125 of the Criminal Code of the Russian Federation and obliged to pay a fine of 80,000 rubles. The family was recorded. They did not wear parental rights: according to surveys of neighbors and characteristics from the works of spouses, they are considered respectable citizens and carefully treated their child to the above situation.

Number 3. Alcoholism of parents.

In the Family of Afanasyev five children. Parents do not work, live on children's benefits and other payments from the state. Both suffer from chronic alcoholism. The daughters do not learn badly, go in torn clothes, differ in asocial behavior.

In Afanasy neighbors, a complaint was filed to the guardianship authorities. For the first time they were limited in parental rights after checking the living conditions of children. For the second time, the court decided to deprive the rights on the basis of Art. 69 of the RF IC, because Since the first proceedings, the situation has not changed - only worsened.

Note! You can file a complaint both on biological parents and on guardians or adoptive parents in the presence of foundations.

Responsibility for improper education

By law, you can allocate several types of responsibility for parents for poor education of children:

A responsibility Description Law
Family law Restriction of parental rights. It is applied by a court decision, if the leaving of a minor with parents is danger to it.

Deprivation of parental rights:

  • evasion from fulfilling obligations to children;
  • chronic drug addiction or alcoholism;
  • abuse of rights;
  • refusal to get your child in the maternity hospital or other institution without a valid reason;
  • cruel treatment;
  • the commission of a deliberate crime against life and health, sexual integrity of a minor.
Art. 69.73 SC RF.
Administrative Failure to fulfill the parents of the child's content;

Abuse of its rights, expressing in an illegal ban on communication with other relatives, the parent, intentional concealing the child from them against his will;

Failure to comply with the court decision on determining the place of residence of a minor, on the procedure for the implementation of parental rights

Art. 5.35 Administrative Code of the Russian Federation
Criminal Unfiguring responsibilities for the education and maintenance of a child by parents, employees of educational and medical institutions, if it is associated with hard appeal Art. 156 of the Criminal Code of the Russian Federation
Civil law Within three years after the decision to deprive the rights to the child, the court has the right to apply civil liability to the parent, if the consequences of improper education, affected by the psychological or physiological health of a minor Art. 1075 of the Civil Code of the Russian Federation

Note! The application of the specific standard of the Criminal Code depends on the composition of the crime. For the commission of violent actions, leaving in danger, beating, the involvement in prostitution, parents can be punished according to different articles, but another outcome is deprivation of parental rights after the court sentence entry into force.

How to file a complaint: step by step instructions

Noticing the improper fulfillment of parental duties before children, citizens may file a complaint to the OhIP as follows:

  1. Create a written application.
  2. Contact OioP at the place of stay of a minor. With me, you need to have a passport and the collected evidence.
  3. Employees of the guardianship will check, according to the results of which will decide.
  4. The response to the report on the measures taken will be received by the applicant within 30 days.

Opinion expert

Andrei Druzhinin

Lawyer. Starting 12 years. Specialization: family and hereditary right.

Council of a lawyer: If you think that the child because of the illegal actions of the parents is threatened with danger, together with the statement send the evidence. These can be video and audio recordings, notes, certified copies copies.

Flow Methods Complaints

Citizens are available several ways to circulation in Odo:

  • Via electronic form on the official website;
  • Personally in the institution;
  • Mail (by registered letter with a notice of delivery).

Important! Send a statement through the "State Service" or MFC is impossible.

Who has the right to file a complaint?

All citizens who have noticed the offenses of parents in relation to the child are possessing the right to appeal to OioP.

  • Neighbors, doctors, teachers;
  • Grandparents, grandparents;
  • Other relatives.

If the applicant wants to remain anonymous, he can call the OhOP phone number, but the adoption of measures in this case are not guaranteed - according to the law applied to provide information about himself.

Where to file a complaint?

There are several situations under which not only in OhIP should be treated, but also to other institutions:

In both cases, employees of the OhIP are involved in consideration of appeals. The same applies to the filing of a complaint to the custody: if the composition of a criminal offense or an administrative offense is discovered, representatives of IPDs or prosecutors will be involved in the proceedings.

How to write a statement?

The application is filed in simple writing with the indication of all the nuances for objective consideration. Depending on the situation and the identity of the applicant, you need to specify certain data. Consider in detail the features of compilation.

Statement from relatives

Usually, relatives turn to OhIP with statements due to the inadequate execution of parental duties or an unlawful ban on communication with the child.

In the complaint, you must specify:

  • Full name, registration address, applicant phone;
  • Name and address of the OhOP;
  • Family Information: Number of people, address of residence, Full name parents;
  • FULL NAME. a child whose rights are violated by their parents;
  • The essence of the appeal: beating, illegal deprivation of communication with relatives;
  • Links to court decisions, if the procedure for communicating with minors was previously determined, but it is not respected by the second party.

At the end put the date of registration and signature.

Sample application to the guardianship authorities on the inadequate education of the child on behalf of the Father:

Application from neighbors

The main reason for submitting an application from neighbors is beating the parents of children, the lack of basic care.

It indicates the above information, additionally, it is worth listed:

  • How gathered evidence of an unlawful attitude towards children;
  • Who can witness;
  • Dates, time of committing offenses;
  • Conditions for children.

Statement from teacher

Pedagogical workers are obliged to contact the custody bodies, if they are noted in students' traces of beatings, poor performance is stated, there are behavioral disorders of a minor.

In the complaint, you must specify:

  • Name of the educational institution;
  • Full name, date of birth, class in which the child is studying;
  • Information about the academic performance, personal qualities;
  • Bases for circulation;
  • Description of evidence;
  • Signature of an authorized person and school printing.

What happens after applying?

After receiving a statement of a cruel and other unlawful handling of a child, OhIP employees are obliged to respond immediately. The head of the state agenant is appointed an unscheduled departure check, during which housing conditions are being studied, the relationship in the family is being studied, all its members and the child himself are interviewed.

According to the results of the visit, the act of examination of the living conditions is issued. If there is a violation, it is directed to the prosecutor's office to be held accountable to justice, then the issue is resolved in court.

The child can be recorded in IPD, if he has asocial behavior. Parents must report in the prescribed manner. If necessary, to visit the reports to visit the family will oblige the social teacher of the school.

As for the applicant, he receives written response on the results of the inspection within 30 days from the date of appeal.

Answers Lawyer for Questions

What will happen if after checking the illegal actions of the parents in relation to the child will not be confirmed? What is the responsibility for the applicant.

It is not necessary to answer the applicant, even if the brutal appeal or incorrect education of a minor was not confirmed. However, parents can submit a civil lawsuit on you to recover moral compensation for slander.

Is it possible to submit a complaint to Oil?

No, all complaints are signed by the applicants. Anonymous appeals are not considered by law.

Can Ohip pick up a child from the family on the complaints of the neighbors?

Maybe by placing a specialized institution of temporary content if the child threatens the danger. Subsequently, the issue of deprivation of rights is solved through court.

What if the neighbors complained about me in the guardianship bodies?

If you fulfill the duties before children, there is nothing to fear. Prepare housing for checking - you will be visited by Odoport employee. Subsequently, you can submit a lawsuit on compensation for moral damage to court if information on the complaint is not confirmed.

Is it possible to file a complaint against the neighbors in the Oil, if their children are constantly noisy?

If the noise is caused by games, and not shouting due to beatings, it is not necessary to contact the Oil. Even if you specify false data, referring to the unhealthy situation in the family, after checking it will be discovered, and the neighbors will be able to recover compensation through the court.

In such a situation, when the noise level is exceeded at night, it is better to negotiate peacefully with people or complain to the precinct. He will spend a conversation with neighbors and, perhaps, children will behave quieter. But there is no guarantee: children's cries rarely exceed the valid noise norms, besides playing and talking in their apartment at any time the law is not prohibited.