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LAW OF UKRAINE

of August 30, 2022 No. 2541-IX

About modification of some legal acts of Ukraine concerning differentiation of functions of public authorities and local government bodies concerning protection of the rights of children in connection with formation of Public service of Ukraine for children

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Family code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 21-22, 135):

Articles 214 and 215 to state 1) in the following edition:

"Article 214. Accounting of the orphan children and children deprived of parent guardianship including children who can be adopted, transferred under guardianship, guardianship are arranged in foster homes, orphanages of family type

1. Officials of guardianship and custody bodies, heads of organizations in whom there are children who can be adopted, transferred under guardianship guardianship or are arranged in foster homes, orphanages of family type, and also other faces who knew of the orphan children and children deprived of parent guardianship shall submit instantly information on them to services for children in the cities of Kiev and Sevastopol of district public administrations, city, settlement, village councils.

Accounting of children who can be adopted (further - local accounting) is performed by services for children in the cities of Kiev and Sevastopol of rayonnykhgosudarstvenny administrations, city, settlement, village councils in the place of origin of the orphan child or child deprived of parent guardianship, according to the procedure, established by the Cabinet of Ministers of Ukraine.

2. Service for children in the cities of Kiev and Sevastopol of rayonnykhgosudarstvenny administrations, city, settlement, village councils if there were no persons wishing to adopt the child or to take him under guardianship or custody within one month from the date of receipt of information about the child shall give the relevant information to Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev or Sevastopol city public administration for capture of the child on accounting (further - regional accounting) and in the central executive body providing forming and realizing state policy in the field of adoption and protection of the rights of children (further - centralized accounting).

3. Procedure of local, regional and centralized accounting of the orphan children and children deprived of parent guardianship who can be adopted, transferred under guardianship guardianship or are arranged in foster homes, orphanages of family type, and procedure for transfer of children on adoption are established by the Cabinet of Ministers of Ukraine.

Article 215. Accounting of persons wishing to adopt the child

1. Accounting of persons wishing to adopt the child is conducted by services for children in the cities of Kiev and Sevastopol of rayonnykhgosudarstvenny administrations, city, settlement, village councils, the central executive body providing forming and realizes state policy in the field of adoption and protection of the rights of children, according to the procedure, established by the Cabinet of Ministers of Ukraine.

2. Accounting of the citizens of Ukraine living in Ukraine and persons interested to adopt the child, is conducted by services for children in the place of their accommodation according to the procedure, established by the Cabinet of Ministers of Ukraine.

3. Accounting of the citizens of Ukraine living outside Ukraine and the foreigners wishing to adopt the child, is conducted by the central executive body providing forming and realizes state policy in the field of adoption and protection of the rights of children, according to the procedure, established by the Cabinet of Ministers of Ukraine";

Part one of Article 216 to state 2) in the following edition:

"1. Intermediary, business activity on adoption of children by citizens of Ukraine or foreigners, transfer of children under guardianship, guardianship, the device in foster homes, orphanages of family type is forbidden";

Articles 256-4 and 256-8 to state 3) in the following edition:

"Article 256-4. Creation of foster home

1. The decision on creation of foster home and the device of child(children) to it on education and cohabitation is accepted in the cities of Kiev or Sevastopol by district public administration, executive committee of city, settlement, village council according to the procedure, established by the Cabinet of Ministers of Ukraine.

2. Between adoptive parents and the body which made the decision on creation of foster home on the basis of the standard agreement the agreement on the organization of activities of foster home is signed. The agreement can be terminated according to the procedure, established by the legislation.

3. The body which made the decision on creation of foster home shall cooperate with adoptive parents on content and education of child(children).

4. Control over the implementation of the agreement on the organization of activities of foster home is exercised by services for children regional, the cities of Kiev and Sevastopolyarayonny public administrations.

5. Regulations on foster home and the standard agreement on the organization of activities of foster home affirm the Cabinet of Ministers of Ukraine";

"Article 256-8. Creation of orphanage of family type

1. The decision on creation of orphanage of family type and the device of child(children) to it is accepted in the cities of Kiev and Sevastopolerayonny public administrations, executive committees of city, settlement, village councils according to the procedure, established by the Cabinet of Ministers of Ukraine.

2. Between parents tutors and the body which made the decision on creation of orphanage of family type on the basis of the standard agreement the agreement on the organization of activities of orphanage of family type is signed. The agreement can be terminated according to the procedure, established by the legislation.

3. Control over the implementation of the agreement on the organization of activities of orphanage of family type is exercised by services for children regional, district, the cities of Kiev and Sevastopol of public administrations.

4. Regulations on orphanage of family type and the standard agreement about the organization of activities of orphanage of family type affirm the Cabinet of Ministers of Ukraine".

2. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Part one of Article 56 to state 1) in the following edition:

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