ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 17, 2010 No. 927

About single questions of implementation of guardianship and custody concerning full age incapacitated or not sui juris citizens

According to Articles 6, of 8, of 10, of 14, of 16, 24 and 25 Federal Laws "About Guardianship and Custody" Government of the Russian Federation decide:

Approve enclosed:

Rules of matching, accounting and training of the citizens who expressed desire to become guardians or custodians of full age incapacitated or not sui juris citizens;

Rules of implementation of separate powers of guardianship and custody bodies concerning full age incapacitated or not sui juris citizens the educational organizations, the medical organizations, the organizations rendering social services or other organizations;

Rules of the conclusion of the agreement on implementation of guardianship or custody concerning the full age incapacitated or not sui juris citizen;

Rules of implementation by guardianship and custody bodies of check of living conditions of full age incapacitated citizens, observance by guardians of the rights and legitimate interests of full age incapacitated citizens, ensuring safety of their property, and also accomplishment by guardians or custodians of requirements to implementation of the rights and to execution of the obligations concerning full age incapacitated or not sui juris citizens;

Rules of maintaining personal records of full age incapacitated or not sui juris citizens;

report form of the guardian about storage, about use of property of the full age incapacitated citizen and management of this property;

report form of the custodian about use of property of the full age not sui juris citizen and management of this property.

Approved by the Order of the Government of the Russian Federation of November 17, 2010 No. 927

Rules of matching, accounting and training of the citizens who expressed desire to become guardians or custodians of full age incapacitated or not sui juris citizens

1. These rules establish procedure for matching, accounting and training of the citizens who expressed desire to become guardians or custodians of full age incapacitated or not sui juris citizens (further - the citizens who expressed desire to become guardians), and the list of the documents submitted by them for the purpose of appointment them as guardians or custodians (further - guardians) full age incapacitated or not sui juris citizens (further - full age wards), and also terms of consideration of such documents by guardianship and custody bodies.

2. Matching, accounting and training of the citizens who expressed desire to become guardians are performed by guardianship and custody bodies.

Matching and training of the citizens who expressed desire to become guardians can be also carried out by the educational organizations, the medical organizations, the organizations rendering social services or other organizations performing the specified powers of guardianship and custody bodies.

3. The guardianship and custody body through mass media informs the citizens living in the territory of the subject of the Russian Federation on opportunity to become guardians and conducts reception of citizens, expressed desire to become guardians.

4. The citizen who expressed desire to become the guardian, except for the citizens specified in item 4 (1) these rules, represents to guardianship and custody body at the place of residence the following documents:

a) the application for appointment as the guardian submitted in the document form on paper or in electronic form according to requirements of Item 1 of the order of the Government of the Russian Federation of July 7, 2011 N 553 "About procedure for registration and submission of the statements and other documents necessary for provision of the state and (or) municipal services in the form of electronic documents;

b) the reference with indication of position and the size of the average salary for the last 12 months, and for the citizens who are not consisting in employment relationships - other document confirming the income (for pensioners - the copy of the pension certificate);

c) ceased to be valid according to the Order of the Government of the Russian Federation of 21.05.2012 No. 496  

d) ceased to be valid according to the Order of the Government of the Russian Federation of 21.05.2012 No. 496

e) the medical certificate about the state of health by results of medical examination of the citizen who expressed the desire to become the guardian issued according to the procedure established by the Ministry of Health of the Russian Federation;

e) the copy of the marriage certficate (if the citizen who expressed desire to become the guardian is married);

g) written consent of full age family members taking into account opinion of the children who reached 10-year age, living together with the citizen who expressed desire to become the guardian, on cohabitation of the full age ward with the guardian (in case of decision making by the guardian about cohabitation of the full age ward with family of the guardian);

h) ceased to be valid according to the Order of the Government of the Russian Federation of 21.05.2012 No. 496

i) the document on the passing by the citizen who expressed desire to become the guardian, preparation according to the procedure, established by these rules (in the presence);

j) autobiography.

4(1). The parents, grandmothers, grandfathers, brothers, sisters, children and grandsons who expressed desire to become guardians or custodians of full age wards with whom the specified citizens constantly jointly lived at least 10 years on the date of filing of application about appointment as the guardian (further - the close relatives who expressed desire to become guardians) represent to guardianship and custody body at the place of residence the following documents:

a) the application for appointment as the guardian submitted in the document form on paper or in electronic form according to requirements of Item 1 of the order of the Government of the Russian Federation of July 7, 2011 No. 553 "About procedure for registration and submission of the statements and other documents necessary for provision of the state and (or) municipal services in the form of electronic documents";

b) the documents confirming relationship with the full age ward;

c) ceased to be valid

d) the copy of the marriage certficate (if the close relative who expressed desire to become the guardian is married).

5. The citizen who expressed desire to become the guardian in case of filing of application about appointment as the guardian shall show the passport or other identity document.

6. The documents provided by the subitem of item 4 of these rules are accepted by guardianship and custody body within year from the date of their issue, the document provided by the subitem "d" of item 4 and the subitem "v" of item 4 (1) these rules, - within 3 months from the date of its issue.

6(1). The guardianship and custody body according to the procedure of interdepartmental information exchange requests in relevant organs (organizations) the following the documents (data) which are available at their order:

a) the statement from the house (apartment) register about residences or other document confirming right to use by premises or the property right to premises, and the copy of financial personal account from the residence of the citizen who expressed desire to become the guardian;

b) the certificate of absence at the citizen who expressed desire to become the guardian, criminal records for intentional crime against life and health of citizens issued by law-enforcement bodies;

c) the certificate of compliance of premises to health and technical regulations and regulations issued by the relevant authorized bodies;

d) the reference confirming receipt of pension, issued by the territorial authorities of the Pension Fund of the Russian Federation or other bodies performing provision of pensions - concerning the citizen who expressed desire to become the guardian, being the pensioner;

e) the conclusion of guardianship and custody bodies about lack of the facts of the inadequate address of the close relative who expressed desire to become the guardian with the full age ward during the period before achievement of age of 18 years by it if guardianship or custody are established in connection with attainment of majority. The interdepartmental inquiry is not sent if the guardianship and custody body has the specified data.

6(2). The interdepartmental inquiry is sent within 2 working days from the date of giving by the citizen who expressed desire to become the guardian, in guardianship and custody body of the statement and the documents specified in item 4 of these rules.

The interdepartmental inquiry is sent in electronic form with use of single system of interdepartmental electronic interaction and the regional systems of interdepartmental electronic interaction connected to it, and in case of lack of access to this system - on paper with observance of requirements of the legislation of the Russian Federation in the field of personal data.

The term of preparation and the direction of reply to the request of guardianship and custody body cannot exceed 5 working days from the date of its receipt.

7. The full age ward can have one or in exceptional cases several guardians. In case of appointment to it several guardians the corresponding application is submitted by guardians, in particular spouses, jointly.

8. For the purpose of appointment as the guardian of the citizen who expressed desire to get registered the guardian, or its statements, except for the citizens specified in item 4 (1) these rules, the guardianship and custody body within 7 days from the date of submission of documents, stipulated in Item 4 these rules, makes inspection of conditions of his life during which lack of the circumstances established by the Civil code of the Russian Federation interfering appointment it as the guardian is determined.

In case of inspection of living conditions of the citizen who expressed desire to become the guardian, the guardianship and custody body estimates domestic conditions, personal qualities and motives of the applicant, its capability to accomplishment of obligations of the guardian, and also the relations which developed between members of his family.

Results of inspection are specified in the act of inspection of living conditions of the citizen who expressed desire to become the guardian (further - the act of inspection).

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