of April 24, 2008 No. 48-FZ
About guardianship and custody
Accepted by the State Duma of the Russian Federation on April 11, 2008
Approved by Council of the Russian Federation on April 16, 2008
1. This Federal Law governs the relations arising in connection with establishment, implementation and the termination of guardianship and custody over incapacitated or not sui juris citizens.
2. The provisions relating to the rights, obligations and responsibility of guardians and custodians are applied to the organizations in which incapacitated or not sui juris citizens are placed under supervision, including to the organizations to orphan children and children without parental support if other is not provided by the Federal Law or the agreement.
For the purposes of this Federal Law the following basic concepts are used:
1) guardianship - form of the device of the juvenile citizens (who did not reach age of fourteen years of minor citizens) and the citizens recognized by court incapacitated in case of which the citizens (guardians) appointed by guardianship and custody body are legal representatives of wards and is made from their name and in their interests by all legally significant actions;
2) guardianship - form of the device of minor citizens aged from fourteen up to eighteen years and citizens limited to court in capacity to act in case of which the citizens (custodians) appointed by guardianship and custody body shall render to minor wards assistance in implementation of their rights and fulfillment of duties to protect minor wards from abuses of the third parties, and also to agree the full age ward to making of actions by them according to Article 30 of the Civil code of the Russian Federation;
3) the ward - the citizen concerning whom are established guardianship or custody;
4) the incapacitated citizen - the citizen recognized by court incapacitated on the bases, stipulated in Article 29 Civil codes of the Russian Federation;
5) not the sui juris citizen - the minor citizen (except for persons which acquired civil capacity to act in full before achievement of age of majority by them in the cases established by Articles 21 and 27 of the Civil code of the Russian Federation) or the citizen limited to court in capacity to act on the bases, stipulated in Article 30 Civil codes of the Russian Federation.
1. The relations arising in connection with establishment, implementation and the termination of guardianship and custody are regulated by the Civil code of the Russian Federation, this Federal Law and other regulatory legal acts of the Russian Federation accepted according to them.
2. Features of establishment, implementation and the termination of guardianship and custody over minor citizens are determined by the Family code of the Russian Federation and other regulatory legal acts containing regulations of law of domestic relations.
3. The relations specified regarding 1 this Article are regulated by the laws of subjects of the Russian Federation on the questions carried to their maintaining by this Federal Law. The relations specified in part 2 of this Article are regulated by the laws of subjects of the Russian Federation on the questions carried to their maintaining by this Federal Law and on the questions which are not settled by directly this Federal Law. Regulations which govern the relations arising in connection with establishment, implementation and the termination of guardianship and custody and contain in the laws of subjects of the Russian Federation, shall not contradict this Federal Law.
4. The structure of executive bodies of the subject of the Russian Federation for the purpose of the organization and implementation of activities for guardianship and custody is determined by the management official of the subject of the Russian Federation according to this Federal Law and the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation".
5. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.
6. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
Tasks of state regulation of activities for guardianship and custody are:
1) ensuring timely identification of persons needing establishment over them of guardianship or custody, and their device;
2) protection of the rights and legitimate interests of wards;
3) providing worthy level of living of wards;
4) ensuring execution by guardians, custodians and guardianship and custody bodies of the powers assigned to them;
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