The guardianship and trusteeship authorities will have the right to accept children discovered by bailiffs if it is impossible to transfer them to a legal guardian.
At an additional plenary session of the State Duma on May 23, the deputies will consider amendments to certain legislative acts of the Russian Federation, which regulate the procedure for the transfer of wanted children by bailiffs. We are talking about children in respect of whom a wanted list is declared in the framework of the fulfillment of the requirements of the executive documents on their removal. If it is impossible to immediately transfer the child to the person to whom he should be transferred by a court decision, he will be transferred to the guardianship and guardianship authorities.
The reason for the appearance of the amendments was an incident that occurred in the Ulyanovsk region. In the proceedings of the regional bailiffs, there was a case on the search for a child, initiated within the framework of enforcement proceedings on the transfer of the child to his mother, who lives in Barnaul. The bailiffs managed to find the child from his relative in Dimitrovgrad, but could not hand him over to his mother due to the impossibility of her immediate arrival in the city.
A representative of the guardianship and guardianship department invited to the scene refused to accept the child to be assigned to a specialized institution - he motivated the refusal by the fact that such an obligation was not provided for by the current legislation of the Russian Federation. The refusal of the official led to the fact that the debtor, together with the child, left the Ulyanovsk region, the court decision was never executed, and the activities to find the child continue to this day.
"It seems that the indicated problem can be eliminated by amending the current legislation of the Russian Federation, concerning the consolidation of the grounds for the emergence of powers of the guardianship and guardianship authorities to arrange a wanted child, as well as the procedure and terms for the adoption by the guardianship and guardianship authorities of a wanted child," the authors believe of the bill - members of the Federation Council Andrei Klishas and Lilia Gumerova, as well as State Duma deputies Oksana Pushkina, Irina Rodnina, Elena Vtorygina, Tatyana Kasaeva and others.
The draft federal law "On Amendments to Certain Legislative Acts of the Russian Federation" provides that a wanted child can be placed in an organization for orphans and children left without parental care, on the basis of an act of the guardianship and guardianship authority.
“The consolidation of the administrative, and not the judicial, procedure is associated with the need to take urgent measures to transfer the child to the guardianship and guardianship authorities in order to prevent the debtor from re-hiding the wanted child,” the explanatory note to the document emphasizes.