LAW OF THE AZERBAIJAN REPUBLIC

of June 22, 1999 No. 693-IQ

About social protection of the children who lost parents and deprived of parent guardianship

This Law determines content, actions of the state providing for social protection of the children who lost parents and the faces deprived of parent guardianship, and also carried to them up to 23 years, governs the relations arising in connection with provision and implementation of this providing.

Article 1. Basic concepts

The basic concepts used in this Law express the following values:

orphan children are persons aged up to 18 years who lost both parents;

The children deprived of parent guardianship - both parents belonging to any of the following categories:

it is unknown;

are deprived of the parent rights or the limited parent rights;

the missing missing incapacitated (limited), declared the dead;

serving sentence in penal institution;

who refuses to raise the children or to protect their rights and interests;

refusal to take away children from child care facilities of social servicing;

persons aged up to 18 years deprived of parent guardianship in other cases according to the law.

Persons aged up to 18 years who lost one of parents, and other parent is person with the disability established in connection with violation of functions of organism for 61-100%, are also considered as the children deprived of parent guardianship;

The persons who lost parents and deprived of parent guardianship, - persons who lost parents, and also the faces deprived of parent guardianship aged up to 23 years, studying in the highest, average and professional educational institutions;

organizations for the orphan children and children deprived of parent guardianship - educational institutions in which orphan children and children without parental support, contain, study and brought up;

orphanages of family type;

organizations of social servicing (orphanages);

boarding schools for person up to 18 years with the established disability, the centers of social resettlement, social shelters);

the companies of health care system and other state and non-state companies created according to the legislation;

guardianship and custody is form of the room of the orphan children and children deprived of parent guardianship for the purpose of content, education and training, and also protection of their rights and interests. Guardianship is established for children aged up to 14 years, and guardianship is established for children aged from 14 up to 18 years. The adopting person - the spouse (a) or person adopting children who lost parents and are deprived of parent guardianship according to the legislation;

the adoptive parent (foster home) - the full age person (husband wife) of both sexes having not below general the secondary education which is constantly living in the territory of the Azerbaijan Republic, being the citizen of the Azerbaijan Republic, performing guardianship over the children who lost parents and deprived of parent guardianship for their education according to the Family Code of the Azerbaijan Republic;

 Complete state providing the orphan children and children deprived of parent guardianship - provision of food, clothes and footwear to orphan children and children without parental support, according to the procedure established by relevant organs of the executive authority during their stay in the relevant public or local government offices, tutorial (tutorial) family, the adoptive parent (foster home); accommodation, education and medical services or their all-in cost from the government budget.

Article 2. The legislation in the field of social protection of the children who lost parents and deprived of parent guardianship

The legislation in the field of social protection of the children who lost parents and deprived of parent guardianship consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and interstate agreements supported by the Azerbaijan Republic.

Article 3. Actions for social protection of the children who lost parents and deprived of parent guardianship

Social protection of the children who lost parents and deprived of parent guardianship, and also the faces carried to them, is provided and protected by the state in compliance with the current legislation.

Relevant organs of the executive authority are developed and perform target programs for social protection of the children who lost parents and deprived of parent guardianship and the faces carried to them, based on the centralized special places of residence, and also organizations of education, social servicing and others create the state companies for social adaptation and rehabilitation.

Financial expenses on social protection of the children who lost parents and deprived of parent guardianship, and also the faces carried to them, are based on the minimum state social standards established by relevant organ of the executive authority.

The size of the monthly allowances paid to guardians (custodians) of the monthly and lump-sum allowances paid to adoptive parents (foster home) on the children who lost parents and deprived of parent guardianship is determined by relevant organ of the executive authority.

By the legislation of the Azerbaijan Republic to the children who lost parents and deprived of parent guardianship, and also the faces carried to them, other actions of social protection can be also determined.

In the state and municipal sports organizations sports services are provided to the children who lost parents and deprived of parent guardianship free of charge.

The children who lost parents and deprived of parent guardianship keep the rights to the guarantees provided by this article and articles 5-8 of this Law and after transfer to their adoptive parents (foster home).

Article 4. Financing of actions for social protection of the children who lost parents and deprived of parent guardianship

Financing of actions for social protection of the children who lost parents and deprived of parent guardianship, is performed at the expense of the government budget, the state and non-state funds, grants and other sources which are not forbidden by the legislation.

Article 5. Guarantees by training

The children getting education in the state educational institutions of all types, and also in local and private institutions of the higher and secondary vocational education who lost parents and deprived of parent guardianship, and also the faces carried to them, undertake on complete state providing before the termination of this educational institution.

To the children who lost parents and deprived of parent guardianship and also persons from their number during training in educational institutions at paid basis payment of their training from means of the government budget is regulated by Article 14.8-1. The law of the Azerbaijan Republic "About education". The children who lost parents and without parental support keep this right and after adoption.

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