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 have the following values:

orphan children are persons aged up to 18 years which parents died;

Children without parental support whose both parents treat one of the following categories:

unknown;

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

the missing person recognized incapacitated (is limited by capable), declared the dead;

serving sentence in prison;

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

who refuses to take away the children from social services for children;

Persons aged up to 18 years recognized deprived of parent care in other cases according to the procedure, established by the law.

Children without parental support, also persons aged up to 18 years at which one of parents died are recognized, and other parent is person recognized as the disabled person owing to violation of functions of organism for 61–100 percent or person belonging to any of categories, the specified in paragraphs four - the tenth part one of this Article;

Persons from among the children who lost parents and deprived of parent care - the persons aged up to 23 years who lost parents, and also deprived of parent care and students on full-time in the highest, average special, professional educational institutions

Organizations for the children who lost parents and deprived of parent care - educational institutions in which the children who lost parents and deprived of parent care contain, study and raised;

orphanages of family type;

organizations of social servicing (orphanages, boarding schools for children with limited opportunities, the centers of the public rehabilitation assistance, social shelters);

the healthcare institutions and other public and non-state institutions created according to the procedure, established by the legislation;

Guardianship and custody - device form for the purpose of content, education and education of the children who lost the parents and deprived of parent care, and also protection of their rights and interests. Guardianship is established over children aged up to 14 years, and guardianship - over children aged from 14 up to 18 years;

The adoptive father – the married couple or individuals adopting in the procedure for the children who lost parents and deprived of parent care established by the law;

The adoptive parent (foster home) – the face (spouse) of both sexes which reached age of majority, having education not below general average, constantly living in the territory of the Azerbaijan Republic and being the citizen of the Azerbaijan Republic, according to the procedure, established by the Family code of the Azerbaijan Republic, taking on education of the children who lost parents and deprived of parent guardianship;

Complete state providing the children who lost parents and deprived of parent care is providing the children who lost parents and deprived of parent care, food, clothes and footwear, housing, education and medical attendance in the relevant public or local government offices, in family of the guardian (custodian), adoptive parent (foster home) according to the procedure, established by relevant organs of the executive authority, or complete payment of expenses on them at the expense of means of 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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