LAW OF THE REPUBLIC OF BELARUS

of May 31, 2003 No. 200-Z

About bases of system of prevention of neglect and offenses of minors

It is accepted by the House of Representatives on April 22, 2003

Approved by Council of the Republic on May 15, 2003

This Law establishes bases of legal regulation of the relations arising in connection with activities for prevention of neglect and offenses of minors.

Chapter 1. Basic provisions

Article 1. The main terms applied in this Law and their determinations

In this Law the following main terms and their determinations are applied:

neglect – the social phenomenon which is characterized by lack of proper supervision of the behavior and conduct of life of minors promoting making by them of the acts containing signs of administrative offense or crime (further if other is not established, – offenses);

neglected – person aged up to eighteen years, supervision for which behavior is absent owing to non-execution or improper execution by parents (adoptive parents, adopters), guardians or custodians of obligations on his education and content or owing to its unauthorized withdrawal from the house, child care residential care facility;

homeless – neglected, not taking residences (the place of stay);

complex rehabilitation of the minor – system of actions for rendering social and pedagogical, psychological assistance, to performing medical prevention and medical rehabilitation concerning the minor, consumption which drugs, psychotropic substances, their analogs, the toxic or other stupefying substances, the use of alcoholic, low alcohol beverages or beer are established according to the legislation, the skills directed to recovery of health of the minor, forming at it to estimate, control and to structurally resolve problem situations, forming of valuable orientations and culture of healthy lifestyle;

the minor who is in socially dangerous provision – person aged up to eighteen years which is in situation in case of which his basic vital needs are not satisfied; which owing to homelessness or neglect makes offenses; parents (adoptive parents, adopters), guardians or custodians of which lead immoral life that makes harmful effects on the specified person, abuse the rights and (or) cruelly handle it or is otherwise inadequate fulfill duties on education and content of the specified person in this connection danger to his life or health takes place;

the family which is in socially dangerous provision – family which minor members are in socially dangerous provision;

individual scheduled maintenance – activities for timely identification of the minors and families which are in socially dangerous provision and also for their social and psychology and pedagogical rehabilitation or the prevention of making by minors of offenses;

prevention of neglect and offenses of minors – system of social, legal and other measures which are directed to identification and elimination of the reasons and conditions promoting neglect, homelessness, making by minors of offenses and are performed in total with individual scheduled maintenance with the minors and families which are in socially dangerous provision.

Article 2. Main objectives and principles of activities for prevention of neglect and offenses of minors

The main objectives of activities for prevention of neglect and offenses of minors are:

prevention of neglect, homelessness, offenses of minors, identification and elimination of their reasons and conditions;

ensuring protection of the rights and legitimate interests of minors;

social and psychology and pedagogical rehabilitation of the minors and families which are in socially dangerous provision;

identification and suppression of cases of involvement of minors in making of offenses.

Activities for prevention of neglect and offenses of minors are based on the principles of legality, democratism, humane treatment of minors, family support and interactions with it, individual approach to education of minors with maintaining confidentiality of the acquired information, the state support of the bodies, organizations and other organizations performing the activities connected with prevention of neglect and offenses of minors, ensuring responsibility of officials and citizens for violation of the rights and legitimate interests of minors, accounting of the best interests of the child in case of acceptance by state bodies and other organizations of decisions concerning minors.

Article 3. Legal regulation of the relations on prevention of neglect and offenses of minors

The relations on prevention of neglect and offenses of minors are regulated by the legislation on prevention of neglect and offenses of minors, and also international treaties of the Republic of Belarus.

The legislation on prevention of neglect and offenses of minors is based on the Constitution of the Republic of Belarus and No. 2570-XII "About the child's rights" and other acts of the legislation consists of this Law, the Code of the Republic of Belarus on education, the Law of the Republic of Belarus of November 19, 1993.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Bodies, organizations and other organizations performing prevention of neglect and offenses of minors

The bodies performing prevention of neglect and offenses of minors are:

commissions on cases of minors;

guardianship and custody bodies;

The Ministry of Education, structural divisions regional (The Minsk city) executive committees, city, district executive committees, local administrations of areas in the cities, the performing state powers of authority in the field of education (further if other is not established, – governing bodies of education);

The Ministry of Health, structural divisions regional (The Minsk city) executive committees, the performing state powers of authority in the field of health care, governing bodies of health care of other republican state bodies (further if other is not established, – governing bodies of health care);

The Ministry of Labour and Social Protection, structural divisions regional (The Minsk city) executive committees, city, district executive committees, the performing state powers of authority in the field of work, employment and social protection (further – bodies for work, employment and social protection);

The Ministry of Internal Affairs, territorial authorities of internal affairs (further if other is not established, – law-enforcement bodies).

Other bodies, organizations and the organizations within the competence perform activities for prevention of neglect and offenses of minors according to the procedure, established by this Law and other acts of the legislation.

Article 5. Categories of minors concerning which individual scheduled maintenance is carried out

Bodies, the organizations and other organizations performing prevention of neglect and offenses of minors carry out individual scheduled maintenance concerning the following minors:

neglected;

homeless;

engaged in vagrancy or begging;

the containing in receivers distributors for minor, social and pedagogical organizations;

consumption which drugs, psychotropic substances, their analogs, the toxic or other stupefying substances, the use of alcoholic, low alcohol beverages or beer are established according to the legislation;

brought to the administrative responsibility;

the made acts containing signs of administrative offenses, but such acts of age which did not reach by the time of making from which there comes the administrative responsibility;

to which for making of administrative offenses preventive corrective actions in the form of the prevention and (or) measures of educational impact are applied;

on which decisions on refusal in initiation of legal proceedings or are made on cessation of production on criminal case because of not achievement of age from which there comes criminal liability or which owing to the lagging in mental development which is not connected with mental disturbance (disease) during making of socially dangerous act were not capable to understand the actual nature or public danger of the acts or on the termination of check and explanation to the applicant of the right to initiate in court according to Article 426 of the Code of penal procedure of the Republic of Belarus criminal case of private prosecution;

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