LAW OF UKRAINE

of April 26, 2001 No. 2402-III

About child care

This Law determines child care in Ukraine as the strategic national priority is important for ensuring national security of Ukraine, efficiency of domestic policy of the state and for the purpose of ensuring realization of the rights of the child to life, health protection, education, social protection, all-round development and education in family environment establishes the basic principles of state policy in this sphere based on ensuring the best interests of the child.

Section I. General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

the child - person aged up to 18 years (age of majority) if according to the law applied to it it does not acquire the right full age earlier;

the childhood - the period of development of the person before attainment of majority;

ensuring the best interests of the child - the actions and decisions directed to satisfaction of individual needs of the child according to its age, sex, the state of health, features of development, life experience of family, cultural and ethnic origin also consider opinion of the child if it reached such age and the level of development that can express it;

child abuse - any forms of physical, psychological, sexual or economic abuse over the child, including domestic violence, violence on the basis of sex, bulling (persecution), mobbing (persecution), and also any illegal transactions concerning the child, in particular recruitment, movement, concealment, transfer or the receipt of the child made for the purpose of operation with use of deception, blackmail or vulnerable condition of the child;

bulling (persecution) - psychological, physical, economic or sexual abuse, that is any intentional act (action or failure to act), including using means of electronic communications which is systematically commited by person concerning the child with whom they are participants of one collective, or the child concerning other participant of one collective and which violates the rights, freedoms, legitimate interests of the injured person and/or interferes with accomplishment by it of the obligations determined by the legislation;

the program for the child or other person who made bulling (persecution) - the package of measures which is created on the basis of results of risks assessment and directed to change of violent behavior of person who made bulling (persecution), forming at it new, nonaggressive psychological behavior model in the private relations, responsible attitude to the acts and their consequences;

the program for the child or other person, the victim of bulling (persecution) or become his witness, - package of measures, directed to disposal of emotional dependence, uncertainty in themselves and forming at person, the victim of bulling (persecution) or become his witness, capability to defend own advantage to protect the rights in the private relations, including by means of authorized bodies of the government, local government bodies;

child care - system of the state and public measures aimed at providing full-fledged life, comprehensive education, development of the child and protection of its rights;

the orphan child - the child at whom parents died or died;

the children deprived of parent care, - children without parental support in connection with deprivation of their parent rights, otnyatiy at parents without deprivation of the parent rights, recognition of parents without message absent or incapacitated, the announcement their dead, departure of punishment in places of detention and their stay under guards during the investigation, the search by their bodies of National police connected with lack of data on their location, the long illness of parents interfering them to fulfill the parental responsibilities, and also the children separated from family the thrown children, children whose parents are unknown children whom parents, children whose parents do not carry out the parental responsibilities for the reasons which cannot be found out in connection with stay of parents in temporarily occupied territory of Ukraine or in areas of conducting anti-terrorist operation refused implementation of measures for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, and street children;

the child injured with military operations and armed conflicts, - the child who as a result of military operations or armed conflict was wounded, contusions, mutilations incurred physical, sexual, psychological abuse, was kidnapped or illegally exported out of limits of Ukraine, was recruited in military forming or illegally contained, including in captivity;

the child who is in difficult vital circumstances - the child who got to conditions which negatively influence his life, health and development in connection with disability, serious illness, homelessness, stay in the conflict with the law, attraction to the worst forms of child labor, dependence on psychotropic substances and other types of dependence, ill treatment, in particular domestic violence, evasion of the parents, persons replacing them from accomplishment of the obligations, circumstances of natural disaster, technogenic accidents, catastrophic crashes, military operations or armed conflicts, etc. that is established by results of assessment of needs of the child;

the child separated from family - the child who arrives or arrived to the territory of Ukraine without parents or one of them, the grandfather or the woman, the full age brother or the sister or the guardian or the custodian appointed according to the legislation of country of source, or other full age persons who before arrival in Ukraine voluntarily or owing to custom of country of source took the responsibility for education of the child;

street children are children who were thrown by parents, left family or child care facilities in which they were brought up, and do not take certain residence;

the child with disability - the child with the permanent disorder of functions of organism caused by disease, injury or congenital shortcomings of intellectual or physical development which cause restriction of its normal activity and need of the additional public assistance and protection;

the child refugee - the child who is not citizen of Ukraine and owing to reasonable concerns to fall victim of prosecutions on signs of race, religion, nationality, nationality (citizenship), belongings to certain social group or political convictions is outside the country of the civil accessory and cannot use protection of this country or does not wish to use this protection owing to such concerns, or, without having nationality (citizenship) and being outside the country of the previous permanent residence, cannot or does not wish to return to it owing to the specified concerns;

the child needing additional protection - the child who is not refugee according to the Convention on the status of refugees of 1951 and the Protocol concerning the status of refugees of 1967 and the Law of Ukraine "About the refugees and persons needing additional or temporary protection", and needing protection as it was forced to arrive to Ukraine or to remain in Ukraine as a result of emergence of threat of his life, safety or freedom in country of source, because of application concern about it mortal punishment or execution of sentence about capital punishment or tortures, inhuman or degrading advantage, behavior or punishment;

the children needing temporary protection - children who are foreigners and stateless persons, constantly living in the territory of the country having general border with Ukraine which are in large quantities forced to look for protection in Ukraine as a result of external aggression, foreign occupation, civil war, collisions on ethnic basis, the natural or technogenic catastrophes or other events disturbing the public peace in certain part or in all territory of the country of origin;

children who have the right to free or preferential providing with baby food, children of chest age and the second year of life who are part of needy families, the children of chest and early age having the status of the child who was injured owing to military operations and armed conflicts or from among internally displaced persons or children from among persons determined in article 10 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection";

incomplete family - the family consisting of mother or the father and child(children);

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