of March 7, 2006 No. 326
About approval of the Regulations on procedure for consideration by guardianship and custody bodies of addresses of citizens about the announcement their sui juris (emancipation)
(as of July 23, 2010)
The Council of Ministers of the Republic of Belarus DECIDES:
Approve the enclosed Regulations on procedure for consideration by guardianship and custody bodies of addresses of citizens on the announcement them sui juris (emancipation).
Republic of Belarus S. Sidorsky
Approved by the Resolution of Council of Ministers of the Republic of Belarus on March 7, 2006 No. 326
1. This Provision is developed according to the Civil code of the Republic of Belarus, the Presidential decree of the Republic of Belarus of September 13, 2005 No. 432 "About some measures for enhancement of the organization of work with citizens in state bodies, other state organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 143, 1/6789) for the purpose of determination of procedure for consideration by guardianship and custody bodies (local executive and administrative organs) of addresses of citizens about the announcement their sui juris (emancipation).
2. The minor who reached sixteen years if he works according to the employment contract (contract) or with the consent of parents, adoptive parents or the custodian is engaged in business activity (further - the minor), can address to management (department) of formation of local executive and administrative organ in the place of the residence (daleeupravleniye (department) of education) on the announcement its sui juris with the documents specified in Item 4.10 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens" (The national register of legal acts of the Republic of Belarus, 2010, No. 119, 1/11590) (daleeperechen).
The statement of the minor is constituted in form according to appendix.
3. It is excluded
4. The statement is registered in register of petitions from citizens about the announcement their sui juris (further - register) in which there shall be graphs with the following generalizing headings:
sequence registration number;
surname, name, middle name;
residence of the citizen;
receipt date of the statement;
term of consideration of the application;
date of delivery (direction by mail) to the citizen of the decision of guardianship and custody body;
the signature of the citizen in receipt of the specified decision (registration number according to the magazine of registration of outgoing correspondence in case of the direction of the decision by mail).
In case of reception of an application the minor is told sequence registration number of the statement and terms of its consideration.
5. Managements (departments) of education consider the application and perform preparation of drafts of decisions of guardianship and custody bodies on the announcement of the minor sui juris. At the same time in each case nature of labor or business activity of the minor, its prospect, the size of the received salary or the income, accomplishment by the minor of the labor obligations, his behavior in life are studied and estimated and other circumstances characterizing the minor's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform them.
For the purpose of establishment of the circumstances specified in part one of this Item, managements (departments) of education have the right to request and obtain information (data, copies of documents) from other state bodies and other organizations.
The draft decision goes to guardianship and custody body.
6. The guardianship and custody body makes the decision which grants or rejects the applicant's request, in time, specified in Item 4.10 of the list.
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