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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 26, 2006 No. 1728

About ensuring the state protection of children, without parental support

(as amended on 26-09-2022)

Based on paragraphs two, third and fifth subitem 22.1 of Item 22 of the Decree of the President of the Republic of Belarus of November 24, 2006 "About additional measures for the state protection of children in dysfunctional families" the Council of Ministers of the Republic of Belarus DECIDES: No. 18

1. Approve:

The regulations on procedure for recognition of children needing the state protection (are applied);

The regulations on procedure for provision to children of the status of children without parental support, losses of this status and return of such children to parents (are applied);

The regulations on procedure for fixing of premises to orphan children and children without parental support (are applied).

2. Make additions and changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the Regulations on guardianship and custody bodies in the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1944; 2005, No. 52, 5/15772):

2.1.1. part the second Item 2 after words "managements (departments) of education," and "on work" to add respectively with the words "and in the cases provided by legal acts-on the commission on cases of minors of district (city) executive committee, local administration", and ", employment";

2.1.2. to add Item 6 after the words "guardianship and custody" with the words "and the bodies performing functions on guardianship and custody";

2.1.3. to add subitem 7.10 of Item 7 with words ", establish availability at parents of this child of the real estate which is subject to state registration and (or) the vehicle";

2.1.4. add the Provision with Item 8-1 of the following content:

"8-1. The commission on cases of minors of district (city) executive committee, local administration as the body performing functions on guardianship and custody:

8-1.1. makes the decision on recognition of the child needing the state protection, on confiscation of the child at parents (the single parent), establishment to it the status of children without parental support, the placement of the child on the state providing (further - the decision on confiscation of the child) in the cases established by legal acts establishes availability at parents of this child of the real estate which is subject to state registration and (or) the vehicle;

8-1.2. notifies district (city, interdistrict) the prosecutor on the made decision on confiscation of the child;

8-1.3. creates the commission on confiscation of the child;

8-1.4. informs on the made decision on confiscation of the child of the organization for place of employment of parents from whom children are taken away, and in cases when parents do not work or when the child is granted pension, - bodies for work, employment and social protection of local executive and administrative organ and law-enforcement bodies;

8-1.5. makes relevant decisions on return of the child to parents if the reasons which formed the basis for confiscation of the child with the simultaneous notification on it of the organizations for place of employment of parents from whom children, and (or) bodies for work, employment and social protection of local executive and administrative organ or about appeal to the court with the claim for deprivation of parents (the single parent) of the parent rights are taken away disappeared.";

2.1.5. in Item 10 of the word of "social protection" shall be replaced with words "on work, employment and social protection";

2.2. ceased to be valid

2.3. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus 23.11.2012 No. 1077

3. This resolution becomes effective since January 1, 2007.

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 26, 2006 No. 1728

Regulations on procedure for recognition of children needing the state protection

Chapter 1. General provisions

1. This Provision is developed based on the Decree of the President of the Republic of Belarus of November 24, 2006 No. 18 and determines procedure for recognition of the children who are in socially dangerous provision, needing the state protection.

2. For the purposes of this provision the following main terms and their determinations are used:

social and pedagogical rehabilitation of the child – complex of social, medical, psychological and pedagogical actions, the legal measures directed to elimination or weakening of influence of adverse social factors, recovery of the social communications and functions lost by the child, forming of valuable orientations and culture of healthy lifestyle, abilities structurally to resolve problem situations;

social patronage of family – activities of state bodies, other organizations authorized by the legislation to perform protection of the rights and legitimate interests of children, directed to recovery of capability of legal representatives to carry out obligations on education, training and content of the child, protection of its rights and legitimate interests, assistance to legal representatives in permission, overcoming consequences of crisis situations, including by activization of their own opportunities, expansion of social communications;

social maintenance of family – complex of the actions realized on the basis of interdepartmental interaction of state bodies, other organizations authorized by the legislation to perform protection of the rights and legitimate interests of children, and directed to support and rendering the operational help in the solution of the individual problems of family connected with health, training, interpersonal communication.

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