According to the Federal Law "On Education", institutions for orphans and children left without parental care (legal representatives) are a type of educational institution.

Educational institutions can be state (federal or administered by the subject Russian Federation), municipal, non-state (private) institutions of public and religious organizations (associations).

The law places special requirements on charter educational institution.

An educational institution, like any legal entity, is subject to mandatory state1 registration Federal Registration Service.

The statutory period for consideration of documents submitted for state registration is 1 month, but in fact registration takes a longer period.

Registered educational institution must also be registered with the tax authorities (with the assignment of a TIN - taxpayer identification number), registered with extra-budgetary funds - pension fund, the Compulsory Medical Insurance Fund, the Social Insurance Fund and the state statistics agency.

In addition to the above, educational institutions created in the form of non-profit partnerships and associations (unions), if their founders include at least two commercial organizations, and these non-profit partnerships and associations (unions) intend to coordinate the business activities of their participants (members ), are required to notify the territorial antimonopoly body of their establishment. The notification must be submitted within 45 days from the date of state registration of the specified non-profit organizations.

To register an educational institution, the founders must:

1. Pay the state fee (2000 rubles)

2. Prepare and submit to the registering body the constituent documents of the organization being created (depending on the legal form - a protocol or a decision to establish an organization, the Charter, possibly a constituent agreement, as well as a number of other documents in case of registration of a public association), information about the founders, information about the location of the permanent executive body

3. Certify the notary's signature on the application for registration of a legal entity in the established form (the applicant must be one of the founders) and submit the application to the registration authority.

After state registration, before starting practical activities for the provision of services in the field of education, an educational institution must obtain license. Licensing procedure educational activities determined by the Government of the Russian Federation (at the time of writing this article - the Regulations on Licensing Educational Activities, approved by Decree of the Government of the Russian Federation of October 18, 2000 N 796).

Licensing of educational activities is carried out by the Ministry of Education of the Russian Federation, state educational authorities of the constituent entities of the Russian Federation and local governments, endowed with appropriate powers in accordance with the law

To obtain a license, the applicant must submit the following documents to the licensing authority:

a) a statement of the founder indicating the name and legal form of the license applicant, its location, the name of the bank and the bank account number, the list of educational programs, training areas and specialties, the validity period of the license. An educational institution of vocational education additionally submits an extract from the decision of the academic (pedagogical) council on the possibility of organizing training in basic and additional programs of vocational education declared for licensing, an institution of professional religious education (spiritual educational institution) and an educational institution of a religious organization (association) - submission of management corresponding denomination;

b) copies of the charter and certificate of state registration of the license applicant (with the presentation of the originals, if the copies are not certified by a notary). The branch of the educational institution additionally submits information on the registration of the branch at the actual address, a copy of the decision to establish the branch and the regulations on the branch approved in the prescribed manner. An organization that has an educational unit that conducts vocational training additionally submits a copy of the regulations on this unit approved in the prescribed manner;

c) a certificate of registration of the license applicant with the tax authority indicating the taxpayer identification number;

d) information about the structure of the license applicant, the staffing level, the expected number of students and pupils;

e) information on whether the license applicant has the buildings and premises, facilities necessary for organizing the educational process physical culture and sports, hostels, on providing students, pupils and employees with food and medical care with copies of documents confirming the right of the license applicant to own, use or dispose of the necessary educational and material base during the term of the license (with presentation of originals, if copies are not certified notary);

f) the conclusions of the bodies of the State Sanitary and Epidemiological Service of the Russian Federation and the State Fire Service on the suitability of the buildings and premises used for the educational process; conclusion of the State Safety Inspectorate traffic Ministry of Internal Affairs of the Russian Federation on the compliance of the educational and material base with the established requirements (in the preparation of drivers of vehicles); license of the Federal Mining and Industrial Supervision of Russia for the operation of the relevant equipment;

g) a list of disciplines included in each declared educational program, indicating the amount of teaching load (for vocational education institutions - classroom and extracurricular) in these disciplines.

After a certain period after obtaining a license (at least after one graduation of students (listeners, students ...), but not earlier than 3 years after obtaining a license), an educational institution has the right, in the manner established by the Government of the Russian Federation, to apply to the Ministry education (or other appropriate government agency system of the Ministry of Education) with an application for state certification. Similarly, a certified educational institution has the right to apply for its state accreditation.

Under federal law, there are two types of institution that can be summed up in one word "shelter". Institutions for minors include social rehabilitation centers for minors and centers for helping children left without parental care, and social shelters for children.

By a decree of the Government of the Russian Federation of November 27, 2000, the Approximate regulation regulating the activities of a social shelter for children, a social rehabilitation center for minors, and a center for helping children left without parental care was approved.

Main task social shelter for children is to provide emergency social assistance minors who find themselves in a difficult life situation.

In accordance with its tasks, the shelter, together with the authorities and institutions of education, health care, internal affairs and other organizations, takes measures to identify children in need of emergency social assistance; provides temporary accommodation for minors who find themselves in a difficult life situation; provides social, psychological and other assistance to minors, their parents (legal representatives) in eliminating a difficult life situation, restoring the social status of minors in groups of peers at the place of study, work, residence, promotes the return of minors to their families; ensures the protection of the rights and legitimate interests of minors; organizes medical care and education of minors in the shelter; assists the guardianship and guardianship authorities in the placement of minors left without parental care.

Minors between the ages of 3 and 18 who applied for help on their own, at the initiative of their parents (their legal representatives), sent (received) on other grounds in accordance with the legislation of the Russian Federation, regardless of their place of residence, are admitted to the shelter around the clock.

Minors stay in the shelter for the time necessary to provide them with emergency social assistance and resolve issues of their further placement in accordance with the legislation of the Russian Federation.

In its activities, the shelter is guided by federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation in the field of protecting the rights and legitimate interests of the child, the Model Regulations and its charter.

Main tasks social rehabilitation center for minors are the prevention of neglect and homelessness, as well as the social rehabilitation of minors who find themselves in a difficult life situation.

In accordance with its tasks, the center provides temporary accommodation for minors who find themselves in a difficult life situation; provides assistance in restoring the social status of minors in groups of peers at the place of study, work, residence, promotes the return of minors to their families; provides social, psychological and other assistance to minors, their parents (legal representatives) in the elimination of a difficult life situation; ensures the protection of the rights and legitimate interests of minors; organizes medical care and education of minors, promotes their professional orientation and their acquisition of a specialty; assists the guardianship and guardianship authorities in the placement of minors left without parental care.

Minors between the ages of 3 and 18 who applied for help on their own, at the initiative of their parents (their legal representatives), sent (received) on other grounds in accordance with the legislation of the Russian Federation, regardless of their place of residence, are admitted to the center around the clock.

Minors stay in the center for the time necessary to provide social assistance and (or) social rehabilitation and resolve issues of their further placement in accordance with the legislation of the Russian Federation.

In its activities, the center is guided by federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation in the field of protecting the rights and legitimate interests of the child, this Model Regulation and its charter.

Main tasks help center for children left without parental care, are the temporary maintenance of minors left without parental care, and assistance in their further arrangement.

In accordance with its tasks, the center, together with the authorities and institutions of education, health, internal affairs and other organizations, takes measures to identify children left without parental care; provides temporary maintenance of minors left without parental care; develops and implements programs for the social rehabilitation of minors aimed at their further placement; ensures the protection of the rights and legitimate interests of minors; assists the guardianship and guardianship authorities in the placement of minors left without parental care; organizes medical care and education of minors staying in the center, promotes their professional orientation and their acquisition of a specialty.

Guardianship (guardianship)- is one of the priority forms of arrangement for the upbringing of a child left without parental care, and is established for the purpose of his maintenance, upbringing and education, as well as for the protection of his rights and interests.

Custody (guardianship) over minors is established in the absence of their parents, adoptive parents, deprivation of parents by the court parental rights, as well as in cases where such citizens for other reasons were left without parental care, in particular, when parents evade their upbringing or protection of their rights and interests (Article 31 of the Civil Code of the Russian Federation, paragraph 3). Grandparents, parents, spouses, adult children, adult grandchildren, brothers and sisters of an adult ward, as well as grandparents, adult brothers and sisters of a minor ward have the preferential right to be his guardians or trustees over all other persons. 2008 No. 48 "On guardianship and guardianship"). A guardian (custodian) can be appointed only with his consent (Article 35 of the Civil Code of the Russian Federation, clause 3). Obligations of guardianship (trusteeship) in relation to a child under guardianship (trusteeship) are performed by the guardian (trustee) free of charge, except as otherwise provided by law (Article 36 of the Civil Code of the Russian Federation).

These include educational institutions that contain (train and / or bring up) orphans and children left without parental care; social service institutions for the population (orphanages for disabled children with mental retardation and physical disabilities, social rehabilitation centers for helping children left without parental care, social shelters); healthcare institutions (children's homes) and other institutions created in accordance with the procedure established by law. Children between the ages of 0 and 3 are placed in children's homes. Upon reaching the age of 3, orphans are transferred to orphanages for children of preschool and school age, specialized boarding schools for children with physical and mental disabilities, closed boarding schools for delinquent children and adolescents. In Russia every fifth Orphanage is an institution for mentally retarded and physically handicapped children.1 1 Working with an asocial family: a collection of st. editor I. Osipova. - Vladivostok, 2002. S. 13

Despite the fact that noticeable positive changes are taking place in this area (differentiation of orphanages, the emergence of social shelters and social rehabilitation centers for minors, assistance centers, etc.), the problem of shaping the personality of a child in a boarding school remains very acute and relevant . Research shows that deprivation of motherhood leads to a delay in the development of the child and can manifest itself with symptoms of mental and physical illness. Isolation of a child from its mother for 1 to 3 years usually leads to severe consequences for the intellect and personality functions that cannot be corrected. The constant change of the microsocial environment (orphanage - preschool orphanage - orphanage for school-age children) causes significant damage to the child's psyche, worsens his health. Children brought up in boarding schools, for the most part, lag behind their peers in psychophysical development. They begin to walk and talk later, get sick more often, study worse. Only 20% of pupils in orphanages can study according to the programs of mass schools. In 2000 only 15% of graduates of orphanages and boarding schools entered secondary and higher professional educational establishments.1 1 Social work / Under the general editorship of prof. IN AND. Kurbatov. - Rostov n/a: 2000 P.170 The domestic system of education in orphanages is based on the fact that children live and study in the same institution. This chaining to the same place, the isolation of orphanages, increase the dependence of children on the institution and do not contribute to the formation of independent living skills. Quite often, graduates of boarding schools do not have basic household skills: cook food, buy something, organize their free time, etc. All this must be taken into account in social work with children brought up in orphanages. Therefore, when organizing new orphanages, restructuring the educational process, attention should be paid to such tasks as bringing orphanage in accordance with the standards for a certain number of children and the possibility of dividing them into small groups; creation of a social and emotional environment close to the family; organization of small family-type groups, where educators and children live as if independent "families", encouraging attention to the psycho-emotional needs of the child; limiting the transition of children from one orphanage to another by age; non-separation of brothers and sisters in different institutions; strengthening bonds between children and their parents; development; development in children of skills, household and social skills necessary in the future independent life. It is equally important to solve the issues of accommodation and employment of future graduates.

It is obvious that the pupils of orphanages and boarding schools are not adapted to independent living, and upon reaching the age of 17, 70% join the ranks of criminal structures, 10% commit suicide, the rest either return to their parents who were deprived of parental rights, replenishing the ranks alcoholics, parasites, or survive only due to the guardianship of their distant relatives, acquaintances, etc.1 1 “To help child psychologist”: collection of articles / edited by I. Osipova. - Vladivostok, 2001. P.9 In rehabilitation centers, educators, teachers, social pedagogues and psychologists have been trying for 6 months to teach children removed from asocial families basic self-service skills, hygiene, teach children to read, write, count, etc. , but after the expiration of the period of stay in the center, most of the children return to their blood asocial families and, as a rule, within one week all the efforts of the centers' teams come to naught.

The practice of placing children in institutions “for social reasons”: lack of housing, difficult financial situation, under an agreement for a period of up to 1 year or more - often leads to the abandonment of the child by the parents.

Despite the fact that noticeable positive changes are taking place in this area (differentiation of orphanages, the emergence of social shelters and social rehabilitation centers for minors, assistance centers, etc.), the problem of shaping the personality of a child in a boarding school remains very acute and relevant .

Decree of the Government of the Russian Federation of May 24, 2014 N 481
"On the activities of organizations for orphans and children left without parental care, and on the placement of children left without parental care in them"

In accordance with article 155.1 family code of the Russian Federation The Government of the Russian Federation decides:

1. Approve the attached Regulations on the activities of organizations for orphans and children left without parental care, and on the placement of children left without parental care in them.

2. Recognize as invalid the Decree of the Government of the Russian Federation of July 7, 2011 N 558 "On approval of the requirements for the conditions for the stay of children in organizations for orphans and children left without parental care" (Collected Legislation of the Russian Federation, 2011, N 29, article 4483).

Position
on the activities of organizations for orphans and children left without parental care, and on the placement of children left without parental care in them
(approved by Decree of the Government of the Russian Federation of May 24, 2014 N 481)

With changes and additions from:

1. This Regulation establishes a list of activities carried out and services provided by organizations for orphans and children left without parental care (hereinafter, respectively - organizations for orphans, children), the procedure for carrying out activities by organizations for orphans, the procedure for placing children ( including the procedure and conditions for interaction between the constituent entities of the Russian Federation and their authorized executive bodies when deciding on the placement of a child left without parental care), the grounds for making decisions on the placement of children, depending on the types of activities carried out and the services provided by organizations for orphans, as well as requirements for the conditions of stay in organizations for orphans.

2. The activities of organizations for orphans are based on the principles of the best interests of children, humanism, accessibility, priority of universal human values, citizenship, free development of the individual, protection of the rights and interests of children and the secular nature of education.

Organizations for orphans include educational organizations, medical organizations and organizations providing social services in which children are placed under supervision.

4. Children are placed under supervision in an organization for orphans temporarily, for the period prior to their placement in a family, if it is not possible to immediately appoint a guardian or custodian in accordance with the procedure established by Article 12 of the Federal Law "On Custody and Custody".

5. Children are placed under supervision in organizations for orphans, which have created the necessary conditions for their maintenance, upbringing and education, corresponding to their state of health and needs.

6. Children are placed under supervision in an organization for orphans on the basis of an act of the guardianship and guardianship authority on placing a child under supervision in an organization for orphans, accepted by the guardianship and guardianship authority within one month from the day the children were identified on the basis of the following documents:

a) a personal file of the child, formed by the body of guardianship and guardianship in accordance with the Regulations

b) the direction of a body or organization exercising the functions and powers of the founder of an organization for orphans, or an executive body of a constituent entity of the Russian Federation exercising powers in the field of guardianship and guardianship, issued in accordance with the procedure established by the constituent entities of the Russian Federation.

7. The stay of children from the day the children are identified until the adoption of the act specified in paragraph 6 of this Regulation is provided in organizations for orphans on the basis of an act of the guardianship and guardianship authority on the temporary stay of the child in an organization for orphans.

8. An organization for orphans ensures, within one month from the date of issuance of the act specified in paragraph 6 of these Regulations, that a child placed under supervision in an organization for orphans is sent for a medical examination carried out in the manner established by the Government of the Russian Federation. Based on the results of a medical examination of a child, a medical organization providing primary health care issues a conclusion on the state of health of the child with the results of the medical examination, which is submitted by the organization for orphans to the guardianship and guardianship authority.

9. If a child with disabilities is placed in an organization for orphans, the organization for orphans ensures that he/she is sent for a comprehensive psychological, medical and pedagogical examination conducted in the manner established by the Ministry of Education of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, according to the results of which the conclusion of the territorial psychological-medical-pedagogical commission is issued.

10. The documents provided for in paragraphs 6 and these Regulations are submitted by the guardianship and guardianship authorities to the organization for orphans no later than one month from the day the child was placed in the organization for orphans.

11. In order to ensure and protect the rights and legitimate interests of children, including the right to live and be brought up in a family, an organization for orphans draws up individual plan development and life arrangement of the child, which is approved by the relevant act of the guardianship and guardianship authority and is reviewed at least once every six months.

12. Children whose parents, adoptive parents or guardians (custodians) (hereinafter referred to as legal representatives) in accordance with paragraph 2 of Article 155.1 of the Family Code of the Russian Federation cannot fulfill their obligations in relation to children, may be temporarily placed in an organization for orphans upon application of legal representatives, as well as taking into account the opinion of children who have reached the age of 10.

13. For temporary placement in an organization for orphans of the children specified in paragraph 12 of this Regulation, the legal representative applies to the guardianship and guardianship authority at the place of residence or stay of the child in order to conclude an agreement between the legal representative, the organization for orphans and the guardianship authority and guardianship for the temporary stay of a child in an organization for orphans, the approximate form of which is approved by the Ministry of Education of the Russian Federation. The agreement provides for measures to provide the family with advisory, psychological, pedagogical, legal, social and other assistance provided in the manner prescribed by the legislation of the Russian Federation on social services, the obligations of the legal representative of the child in terms of his upbringing, visiting and participating in ensuring the maintenance of the child in the organization for orphans, the duration of the child's stay in the organization for orphans, the rights and obligations of the organization for orphans, as well as the liability of the parties for violation of the terms of the agreement.

14. In the event of an extension of the period of stay of a child in an organization for orphans, specified in the agreement specified in paragraph 13 of these Regulations, the head of the organization for orphans informs the guardianship and guardianship authority about this.

15. When temporarily placing children with legal representatives in an organization for orphans, in order to ensure the stay of the child during the period when the legal representatives for valid reasons cannot perform their duties in relation to the child, the body of guardianship and guardianship in the organization for children - orphans are represented:

a) a personal statement of the legal representative on the temporary placement of the child in an organization for orphans, indicating the reasons and term for such placement;

b) a copy of the child's birth certificate or passport;

c) copies of documents proving the identity and powers of legal representatives;

d) information about the close relatives of the child (if any);

e) the conclusion of the medical organization providing primary health care at the place of residence or stay of the child, on the state of health of the child, with the results of the medical examination of the child temporarily placed in an organization for orphans;

f) the conclusion of the psychological-medical-pedagogical commission (if any) - for children with disabilities;

g) an individual rehabilitation program for a disabled child (if any);

h) the direction of the body or organization exercising the functions and powers of the founder of an organization for orphans, or the executive authority of the constituent entity of the Russian Federation, exercising powers in the field of guardianship and guardianship, issued in accordance with the procedure established by the constituent entities of the Russian Federation;

i) an act of examination of the child's living conditions.

16. Children, including children referred to in paragraph 12 of this Regulation, who are members of the same family or are related, are sent to one organization for orphans and placed in one group, except when this is contrary to the interests of children.

17. In order to preserve the familiar social environment, family and friendly ties of the child, continue to receive education in an educational organization that the child attended, children are placed under supervision in an organization for orphans located territorially closest to their place of residence or stay, with the exception of cases where the usual social environment negatively affects the behavior of children, contributes to the antisocial behavior of children and (or) their unauthorized departure from the organization for orphans.

18. If on the territory of the subject of the Russian Federation where the child is found, there is no organization for orphans, in which he can be arranged in order to provide the necessary conditions for his maintenance, upbringing and education based on his needs and state of health, such a child is transferred guardianship and guardianship authorities of the constituent entity of the Russian Federation on whose territory there are organizations for orphans, to ensure that the child is placed in an organization for orphans.

19. The executive authority of the constituent entity of the Russian Federation exercising powers in the field of guardianship and guardianship, within 10 days from the date of submission of documents by the guardianship and guardianship authority in accordance with clauses 6 and this Regulation, may apply to the executive authority of the constituent entity of the Russian Federation exercising powers in in the field of guardianship and guardianship, on the territory of which an organization for orphans is located, in which a child can be placed in order to provide the necessary conditions for maintenance, upbringing and education based on the needs and state of health of the child, in order to determine the conditions for compensating the costs of full state support, as well as other costs associated with the stay and the end of the stay of the child in an organization for orphans, including the provision of housing.

20. Children from birth to the age of 3 are placed under supervision in organizations providing social services or educational organizations that create conditions designed for the upbringing and living of children of this age group.

21. Children from birth to the age of 3 years are placed under supervision in medical organizations if the child's health condition requires the provision of primary specialized medical care(medical rehabilitation) in the conditions of this organization. The period of stay of a child can be extended until the child reaches the age of 4 years inclusive only by decision of the head of the medical organization with the consent of the guardianship and guardianship authority.

22. Children from the age of 3 until they reach the age of majority or children are recognized as fully capable in accordance with the legislation of the Russian Federation are placed under supervision in organizations providing social services. Children under supervision in organizations providing social services receive preschool, primary general, basic general, secondary general education in nearby preschool educational organizations and general education organizations.

23. Children from the age of 3 years and until reaching the age of majority or recognizing children in accordance with the legislation of the Russian Federation as fully capable are placed under supervision in educational organizations, provided that it is impossible to arrange for children to receive preschool education, primary general, basic general, secondary general education in nearby preschool educational organizations and general educational organizations.

24. Children with disabilities, in accordance with the recommendations of the psychological, medical and pedagogical commission, are taught according to adapted general education programs.

25. Organizations for orphans provide conditions for the stay of children in them that meet the requirements of the legislation of the Russian Federation.

26. Material support for children in state and municipal organizations for orphans is carried out on the basis of full state support, which includes providing them with free food, free sets of clothes, shoes and soft equipment, free hostel, free medical care and education during their stay in the organization for orphans.

27. An organization for orphans is obliged to ensure that children have access to information in a form acceptable to them about the rights of the child, about the charter and internal regulations of the organization for orphans, about state authorities, local self-government bodies and their officials carrying out activities. on the protection of the rights and legitimate interests of minors, on guardianship and guardianship bodies, internal affairs bodies, on the prosecutor's office, courts, on the Commissioner for Human Rights in the Russian Federation, the Commissioner for the Rights of the Child under the President of the Russian Federation and (or) the commissioners for human rights in the constituent entities of the Russian Federation, commissioners for the rights of the child in the constituent entities of the Russian Federation, on the commission for minors and the protection of their rights, including information on telephone numbers, including round-the-clock dedicated telephones for special (emergency) assistance (psychological, legal, and others), and on addresses (postal and electronic) specified op authorities and organizations, as well as the possibility of unhindered access of children to these authorities and the children to receive free qualified legal assistance in accordance with the Federal Law "On Free Legal Aid in the Russian Federation".

28. An organization for orphans, with the consent of the children, may conduct vocational training for children in vocational training programs for the professions of workers and positions of employees, if there is an appropriate license for the specified type of activity.

29. In organizations for orphans, it is not allowed to force children to join public, socio-political organizations (associations), movements and parties, religious organizations (associations), as well as to force them to participate in the activities of these organizations, associations and participation in campaigning campaigns and political actions.

30. The organization for orphans provides education for children in additional general developmental programs, including visits by children to clubs, sections, circles, studios and interest associations operating in other organizations, as well as participation in competitions, olympiads, exhibitions, reviews and mass activities for children, taking into account their age and state of health, physical and mental development, including by ensuring the participation of employees of the organization for orphans and volunteers (volunteers) in such events.

31. An organization for orphans may allow temporarily free accommodation and meals in an organization for orphans to persons from among children who have completed their stay in an organization for orphans, but not older than 23 years.

32. In organizations for orphans, favorable conditions for stay are created, close to family ones, conducive to intellectual, emotional, spiritual, moral and physical development children.

33. Accommodation for children is organized according to the principles family education in educational groups placed in residential premises created according to the apartment type.

34. Educational groups are formed mainly according to the principle cohabitation and stay in a group of children different ages and the state of health, especially of full and half brothers and sisters, children - members of the same family or children who are related, who were previously brought up together in the same family. Children of different sexes over 4 years old can live together and stay in a group during the day.

35. The number of children in an educational group should not exceed 8 people, and under the age of 4 years - 6 people.

36. The transfer of children from one educational group to another is not allowed, except in cases where this is contrary to the interests of the child.

37. Premises in which educational groups are placed in organizations for orphans include suitably equipped living rooms, bathrooms, rooms for rest, games, classes, reception and (or) cooking, as well as household premises.

38. In an organization for orphans, the educational group is assigned a limited number of teaching staff of organizations for orphans who are constantly with the educational group of children, who also perform the functions of educators, individual curators (mentors) of children, including at the stage of preparation for graduation from organizations for orphans and just before graduation. The replacement of teaching staff by workers from other educational groups is not allowed, except in cases of dismissal of workers, their illness or vacation.

39. The organization for orphans ensures, in accordance with the age and developmental characteristics of children, the availability of developing, educational, gaming and sports equipment and inventory, publishing products, furniture, technical and audiovisual means of education and training that meet the requirements of sanitary and epidemiological rules and regulations, product safety requirements established by the legislation of the Russian Federation, as well as special medical equipment for the organization of medical rehabilitation of children in medical organizations.

40. In an organization for orphans, it is ensured that children have an opportunity to have an individual space for classes and recreation, personal belongings in free, unhindered access, including clothes, toys, books and other things that can be stored in the children's room or other premises reserved for group accommodation, as well as their safety. The acquisition of personal belongings for children is carried out with the participation of children, if possible.

41. The organization of the upbringing of children is built taking into account their individual features. The daily regimen, which provides a rational combination of upbringing and educational activities, as well as socially useful work and recreation, is compiled taking into account the round-the-clock stay of children in an organization for orphans and takes into account the participation of children in mass leisure activities, including personal time, providing an opportunity for independent choice of form leisure activities, taking into account the age and interests of children.

42. Organization of nutrition for children is carried out in accordance with physiological norms, age and health of children.

43. The organization for orphans ensures compliance with the established state sanitary and epidemiological rules and hygiene standards ( sanitary regulations) sanitary and epidemiological requirements for ensuring the safety and (or) harmlessness for children of environmental factors, the conditions for the activities of organizations for orphans, the territories used by them, buildings, structures, structures, premises, equipment and vehicles.

44. Recreation and rehabilitation of children during the vacation period are carried out in accordance with the plan approved by the head of the organization for orphans, including cognitive, cultural, entertainment and sports and recreational activities aimed at the intellectual, emotional, spiritual, moral and physical development of children.

45. Organization for orphans provides comfortable conditions for visiting a child by persons wishing to adopt (adopt) or take custody (guardianship) of a child who have received in the prescribed manner a referral to visit a child, in order to get to know and establish contact between the child and these persons.

46. ​​An organization for orphans ensures that persons wishing to adopt (adopt) or take custody (guardianship) of a child who have received a referral to visit the child in the prescribed manner, with the personal file of the child, as well as consulting with medical worker, a teacher-psychologist and other employees of the organization for orphans.

47. The schedule for the reception of persons wishing to adopt (adopt) or take under guardianship (guardianship) is determined by the head of the organization for orphans, taking into account the daily routine of children. At the same time, it should be possible for the said persons to visit the organization for orphans at least 3 times a week, including weekends and holidays. On weekdays, the possibility of visiting in the evening should be arranged.

48. Organizations for orphans, in order to create safe, favorable conditions of stay, close to family ones, provide social, medical services, as well as services in the field of education in the manner established by the legislation of the Russian Federation and the legislation of the constituent entity of the Russian Federation.

49. The organization for orphans, through telephone conversations, correspondence and personal meetings, provides conditions for children to communicate with legal representatives and relatives, including for the purpose of normalizing relations in the family and facilitating the return of the child to the family (except when such communication is prohibited guardianship authorities to legal representatives and relatives of children due to the fact that it is contrary to the interests of children, in cases and in the manner established by the legislation of the Russian Federation), as well as with other significant persons for children (friends, neighbors, etc.) with the provision compliance with the internal regulations of the organization for orphans and the safety of children both on the territory of the organization for orphans and beyond.

50. In order to protect the rights and legitimate interests of children, an organization for orphans interacts with guardianship and guardianship authorities, educational authorities, healthcare authorities, social protection population and other bodies, organizations and services.

51. The types of activities of organizations for orphans include the following activities:

a) round-the-clock reception and maintenance of children, as well as children temporarily placed in an organization for orphans at the request of legal representatives, including the creation of conditions for the stay of children in an organization for orphans, close to family and ensuring the safety of children;

b) childcare, organization of the physical development of children, taking into account age and individual characteristics, organization of education for children, as well as the upbringing of children, including physical, cognitive-speech, social-personal, artistic and aesthetic, including spiritual and moral, patriotic , labor, with the involvement of children in self-service work, measures to improve the territory of the organization for orphans, in educational workshops and subsidiary farms;

c) exercising the powers of a guardian (trustee) in relation to children, including the protection of the rights and legitimate interests of children;

d) activities to prevent violations of personal non-property and property rights of children;

e) advisory, psychological, pedagogical, legal, social and other assistance to parents of children in order to prevent parents from refusing to raise their children, limiting their parental rights, depriving them of parental rights, as well as to ensure the possibility of restoring parents in parental rights or canceling restrictions on parental rights;

f) organization of assistance in the placement of children for upbringing in a family, including advising persons wishing to adopt (adopt) or take custody (guardianship) of a child, on issues of family placement and protection of children's rights, including participation in the training of citizens wishing to take children into education in their families, organized by the guardianship and guardianship authorities or organizations empowered with such training;

g) organizing information campaigns to attract persons wishing to adopt (adopt) or take custody (guardianship) of a child, as well as to hold joint cultural events with such persons, charitable organizations, volunteers and other persons;

h) preparation of children for adoption (adoption) and placement under guardianship (guardianship);

i) selection and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children into a family for upbringing in other forms established by the family legislation of the Russian Federation, in the manner established by the Rules by Decree of the Government of the Russian Federation of May 18, 2009 N 423 "On certain issues of the implementation of guardianship and guardianship in relation to minor citizens";

j) restoration of violated rights of children and representation of children's interests in relations with any individuals and legal entities, including in courts;

k) psychological, medical and pedagogical rehabilitation of children, including the implementation of measures to provide children who are in an organization for orphans, psychological (psychological and pedagogical) assistance, including the organization of psycho-prophylactic and psycho-corrective work, psychological assistance to children returned to the organization for orphans after being placed in a family;

l) creation of conditions for the accessibility of children with disabilities and children with disabilities to receive services provided by organizations for orphans;

m) implementation of measures to ensure the optimal physical and neuropsychic development of children;

o) provision of medical care to children, carried out in accordance with the procedure established by the Ministry of Health of the Russian Federation;

o) organization and conduct of preventive and other medical examinations, as well as clinical examination of children in the manner prescribed by the legislation of the Russian Federation;

p) providing children with qualified assistance in learning and correcting existing developmental problems;

c) organization, provision and optimization of sanitary-hygienic and anti-epidemic regimes, daily regimen, rational nutrition and motor regimen of children;

r) implementation of individual rehabilitation programs for disabled children;

s) organization of recreation and health improvement for children;

t) identification of minor citizens who need to establish guardianship or guardianship over them, including an examination of the living conditions of such minor citizens and their families, in the manner established by the Rules for the exercise of certain powers of guardianship and guardianship authorities in relation to minor citizens by educational organizations, medical organizations, organizations, providing social services, or other organizations, including organizations for orphans and children left without parental care, approved by Decree of the Government of the Russian Federation of May 18, 2009 N 423 "On Certain Issues of Guardianship and Guardianship in Respect of Minor Citizens" ;

x) submission of reports of the guardian or custodian on the storage, use of the property of a minor ward and on the management of such property in the manner established by the Rules for maintaining the personal files of minor wards, approved by Decree of the Government of the Russian Federation of May 18, 2009 N 423 "On Certain Issues of Guardianship and guardianship of minors";

v) maintenance of personal files of children in accordance with the established procedure;

w) provision of advisory, psychological, pedagogical, legal, social and other assistance to persons who have adopted (adopted) or taken under guardianship (guardianship) of a child;

x) provision of advisory, psychological, pedagogical, legal, social and other assistance to persons from among children who have completed their stay in an organization for orphans, in accordance with the legislation of the Russian Federation and the legislation of the constituent entity of the Russian Federation;

w) other activities aimed at ensuring the protection of children's rights.

52. To the types of activities of medical organizations along with the types of activities specified in paragraph 51

a) organization and implementation of activities for the protection of children's health, including a comprehensive assessment of the state of children's health, as well as the implementation of preventive, diagnostic, therapeutic and recreational activities aimed at preventing the occurrence and recurrence of childhood diseases and disability;

b) organizing and conducting preventive examinations of children with the involvement of specialists with higher and postgraduate medical and pharmaceutical education;

c) dispensary observation of children suffering from chronic diseases;

d) holding rehabilitation treatment, complex medical-psychological and socio-pedagogical rehabilitation (psychological-pedagogical correction) of children and their social adaptation.

53. The types of activities of organizations providing social services, along with the types of activities specified in paragraph 51 of this Regulation, include the following types of activities:

a) the implementation of measures for the social and labor rehabilitation of children in order to restore or compensate for lost or impaired abilities for household, social and professional activity and their integration into society;

b) organization physical education children with disabilities, taking into account the age and state of health, allowing them to develop their abilities to the maximum extent possible.

54. To types of activity educational organizations along with the types of activities specified in paragraph 51 of this Regulation, the following types of activities include:

a) implementation of basic and additional general education programs;

b) implementation of adapted basic general education programs and additional general education programs.

55. Organization for orphans for the purpose of training employees of the organization for orphans modern technologies work on comprehensive rehabilitation and protection of children's rights, prevention abuse children are provided with training activities using the resources of additional professional education organizations, educational organizations of higher education and the best experience of organizations for orphans that implement innovative programs for the upbringing, rehabilitation and social adaptation of children, as well as the organization of psychological and pedagogical support for employees of the organization for orphans and their counseling on issues of upbringing, education, health protection, rehabilitation, social services and protection of children's rights.

56. In order to create conditions for the return of children to their families, and in case of impossibility of family reunification, conditions for the placement of each child in an organization for orphans, for upbringing in a family, individual work is carried out jointly with the guardianship and guardianship authorities, aimed at maximizing a possible reduction in the length of stay of a child in an organization for orphans.

57. Assistance in the social adaptation of children under the age of 18 and persons aged 18 years and older, preparing children for independent living, including in the implementation of measures to protect their rights and legitimate interests, can be provided by organizations for orphans through providing advisory, psychological, pedagogical, legal, social and other assistance, assistance in obtaining education and employment, protecting the rights and legitimate interests, representing children in state bodies and local governments, organizations, as well as by providing, if necessary, the possibility of temporary residence in accordance with the determined by the laws or regulatory legal acts of the constituent entity of the Russian Federation.

58. Interaction of an organization for orphans with non-governmental non-profit organizations, including public and religious ones, charitable foundations, as well as individual citizens - volunteers (volunteers) is carried out in order to implement measures aimed at preventing social orphanhood and improving the organization of activities for the upbringing, training, providing support for children in the event of medical assistance to children, development and social adaptation of children, preparation for independent living and providing children with legal assistance in the manner prescribed by the legislation of the Russian Federation.

59. In order to assist in the functioning of the organization for orphans, improve the quality of work, increase the efficiency of spending budget funds allocated to the organization for orphans, raise public awareness about the work of the organization for orphans, as well as to promote the provision and protection rights and legitimate interests of children, an organization for orphans may create collegial management bodies in accordance with the legislation of the Russian Federation and a board of trustees that operates on a voluntary basis.

60. The body or organization exercising the functions and powers of the founder of an organization for orphans, as well as the executive authority of a constituent entity of the Russian Federation exercising powers in the field of guardianship and guardianship, post information about the activities of an organization for orphans, about the conditions of maintenance, education and education of children in them on their sites in the information and telecommunication network "Internet".

61. The organization for orphans on its website in the information and telecommunication network "Internet" publishes an annual report agreed with the body or organization exercising the functions and powers of the founder of the organization for orphans, which, among other things, includes:

a) information about the organization for orphans, about the tasks of its activities, about the conditions of maintenance, upbringing and education of children in the organization for orphans;

b) information on the number of pupils and their age groups;

c) information on the number, structure and composition of employees of the organization for orphans;

d) information on areas of work with children and interaction with organizations and citizens;

e) information on the number of pupils who were returned during the year to their legal representatives or transferred for upbringing to the families of citizens.

62. An organization for orphans may place information about its activities, specified in paragraph 61 of this Regulation, in the media.

63. In case of liquidation or reorganization of an organization for orphans, explanatory work is carried out with children and employees of the organization for orphans, including psychological preparation children to be transferred to another organization for orphans. The transfer of children to other organizations for orphans is carried out taking into account the opinion of children, ensuring the rights and interests of children, the possibility of joint stay of brothers and sisters, communication of children with relatives and parents who are allowed contacts with children, other significant persons for children, as well as with taking into account the existing relations between children, the continuation of education and the prospects for further life arrangements for children.

In Russia there are various forms arrangements for orphans and children left without parental care. Particular attention is paid to the category of orphans and children left without parental care, which is among the children with disabilities. The presented article is devoted to the actual problem of the device for this category of children. This article discusses the main forms of specialized correctional (treatment) institutions. They include four categories of placement of children, including correctional institutions (special correctional orphanage, special correctional boarding school); orphanages; special educational institutions for children and adolescents with deviant (deviant or socially dangerous) behavior, including those who have committed offenses; sanatorium orphanages. Each type of institutions considered in the article has its own peculiarities, specifics and solves certain goals and objectives aimed not only at rehabilitation, but also at the socialization and resilience of children with disabilities.

orphans

correctional institutions

Orphanage

boarding school

form of placement of orphans

1. Alifanova L.I., Korableva O.V. On the issue of the specifics of the education of persons with visual impairments // Modern research social problems: electronic scientific journal. - 2016. - No. 3-2 (59). - S. 328-338.

2. Babushkina N.A. Designing a health-saving environment as a function of managing a correctional educational institution: dis. … cand. ped. Sciences. - Tula, 2005. - 187 p.

3. Vorobyova E.G., Yalpaeva N.V. Development of the system of special preschool education in Russia // Integrative trends in medicine and education. - 2015. - T. 2. - S. 32-39.

4. On supplementing the instructional letter of the Ministry of Education of Russia dated September 4, 1997 No. 48: Instructional letter of the Ministry of Education of the Russian Federation dated December 26, 2000 No. 3. - URL: http://docs.cntd.ru/document/901780988 (date of access: 05.10 .2016).

5. National standard of the Russian Federation GOST R 52498-2005. Social service of the population. Classification of social service institutions: approved. Order of the Federal Agency for Technical Regulation and Metrology dated December 30, 2005 No. 535-st.

6. National standard of the Russian Federation GOST R 52881-2007. Social service of the population. Types of social service institutions for families and children: approved. and put into effect by Order of the Federal Agency for Technical Regulation and Metrology dated December 27, 2007 No. 559-st.

7. On methodological recommendations for the certification of special (correctional) educational institutions for students, pupils with developmental disabilities; general education boarding schools; educational institutions for orphans and children left without parental care; health-improving educational institutions of the sanatorium type for children in need of long-term treatment; educational institutions for children and adolescents with deviant behavior: Letter of the Ministry of Education of the Russian Federation dated November 29, 1999 No. 24-51-1133 / 13. – URL: http://docs.cntd.ru/document/901767667.

8. Pravdov M.A. and others. Student volunteer organizations in the system of the State Fire Service of the Ministry of Emergency Situations of Russia / M.A. Pravdov, R.M. Shipilov, O.V. Shipilova, V.N. Matveichev // Modern studies of social problems (electronic scientific journal). - 2013. - No. 1 (21). - P. 16. - URL: http://journal-s.org/index.php/sisp/article/view/1201316/pdf_50 (date of access: 07.10.2016).

9. Selitrenikova T.A. Managing the process of adaptive physical education in a special (correctional) educational institution I-V species // Adaptive physical culture. - 2012. - T. 51. - No. 3. - S. 22-24.

10. Adoption in Russia. Internet project of the Ministry of Education and Science of the Russian Federation. Department of State Policy in the Sphere of Protection of Children's Rights [Electronic resource]. – URL: http://www.usynovite.ru/statistics/2015/ (date of access: 03.10.2016).

11. Shipilov R.M. and other Boarding forms of placement of orphans and children left without parental care in Russia / R.M. Shipilov, O.V. Shipilova, I.Yu. Sharabanova, Yu.A. Vedyaskin // In the world of scientific discoveries. - 2015. - No. 11.5 (71). - S. 1763-1771.

12. Shipilov R.M., Shipilova O.V. Scientific and methodological foundations of physical education in orphanages and boarding schools // Scientific journal of KubSAU. - 2011. - No. 74. - P. 629-637.

Orphanhood as a social phenomenon is inherent in any society. In each era of this or that state, there has always been a certain category of children who, due to objective or subjective reasons, remained outside family care and required special treatment from society. The problem of orphanhood is especially acute in Russia. The cause of orphanhood is the emergence of socially maladapted families, where disrespect for a person, lack of culture, drunkenness reign, which leads to a complete lack of satisfaction of the child in vital needs, which causes a significant number of children to fall into the category of "difficult" or "risk".

Children who, from the first years of life, have observed an example of asocial behavior next to them, often begin to repeat it themselves, turning out to be not ready and unable to carry out life activities that are safe for themselves and those around them in society. This leads to an increase in social risks and, as a result, an increase in social tension in society.

Today in our country there are about 482 thousand children left without parental care. Of these, 83% of children are brought up in families. The number of children left without parental care, registered in the state data bank, supervised by organizations for orphans and children left without parental care, is 71,000, of which 21,000 are children with disabilities. These groups of children primarily need social adaptation and rehabilitation in modern society, it is necessary to carry out additional work with them to form their culture of life safety in society, to create conditions for their socialization.

The state is responsible for the life of the child, its duties include creating favorable conditions for his life, assisting in adaptation and socialization. To solve this problem, guardianship and guardianship bodies have been created and are successfully operating, the number of patronage and foster families family orphanages are open. Serious work is being done to improve the conditions of education and upbringing, social adaptation, medical, psychological and pedagogical rehabilitation of children with disabilities. Programs have been developed and implemented in all constituent entities of the Russian Federation aimed at preventing delinquency among minors, including those belonging to the category of orphans and children left without parental care. The policy of the state is aimed at solving the problems of social adaptation and rehabilitation of the most vulnerable category of children who are among the orphans and children left without parental care. Particular attention is directed to the category of children, which is included in the number of children with disabilities. To solve this problem, specialized (correctional) educational institutions were created, the purpose of which is not only to provide optimal conditions for the education and upbringing of children with disabilities, but also their social adaptation in modern society. In our study, we will try to reveal the forms of special (correctional) educational institutions as a device for orphans and children left without parental care.

Methodology

The conducted research is based on the complex use of the following research methods: analysis of literary sources, analysis of legal documents, generalization method. A deep analysis of literary sources, normative documents, abstract publications made it possible to reveal the main forms of special (correctional) educational institutions common in Russia. The generalization method as a research method is an analysis of our own long-term experience of working with orphans and children left without parental care. With the help of the generalization method, we obtained the actual material that we used in this work.

Discussion

According to the data of special literature, legal documents and as a result of summarizing our own long-term experience of working with orphans, the forms of placement of orphans existing in Russia are quite diverse. From our point of view, they can be divided into five categories: boarding schools; special (correctional) educational institutions; family-type institutions; military educational institutions; cadet institutions. The listed categories of institutions are to some extent connected with the upbringing and education of orphans and children left without parental care. Boarding-type educational institutions include: orphanages, orphanages, orphanages-schools, boarding schools, apartment-type orphanages, social rehabilitation centers, social shelters, boarding schools at the church. Forms of placement of family-type orphans are represented by: adoption, guardianship and guardianship, family-type orphanages, foster families, temporary foster families. Currently in Russia there are such forms of placement of children as foster families, children's villages-SOS, youth homes-SOS, boarding schools for family education, parish orphanages. Categories of military educational institutions and cadet institutions include: military schools, military units, cadet boarding schools, cadet corps and musical cadet corps. In our study, we will pay attention to institutions that have the specifics of correctional educational institutions. These include: educational institutions for orphans and children left without parental care; special (correctional) educational institutions for students, pupils with developmental disabilities; health-improving educational institutions of sanatorium type; special educational institutions for children and adolescents with deviant behavior.

1. The category "Educational institutions for orphans and children left without parental care" includes two types of educational institutions: special (correctional) orphanages for orphans and children left without parental care with developmental disabilities and special (correctional) boarding schools for orphans and children left without parental care, with developmental disabilities.

In these educational institutions, children are brought up whose parents are deprived of parental rights, sentenced to a certain period, are on long-term treatment, etc. In the institutions presented, special conditions are created that are as close to home as possible, specialists organize a special environment that promotes medical and psychological rehabilitation and adaptation of children to the society around them. For children brought up in these institutions, the norms of material support provided for by federal legislation apply.

The peculiarity of these institutions is characterized not only by the permanent residence of children with subsequent correctional and treatment and preventive work, but also by their education for the purpose of general education and labor training.

1. Special (correctional) educational institutions where orphans and children left without parental care are brought up include: special (correctional) orphanages for orphans and children left without parental care, types I-VIII; special (correctional) boarding schools for orphans and children left without parental care, I-VII types. According to their specialization, children with disabilities live and are brought up in correctional institutions.

Special (correctional) educational institutions of the 1st type for the education and upbringing of deaf children and special (correctional) institutions of the 2nd type for the education and upbringing of hearing-impaired children (having partial hearing loss and varying degrees of speech underdevelopment) and late-deafened children (deafened in preschool or school age, but retained independent speech). These institutions build their program on the basis of teaching children from grades 1 to 12. The total number of students in the class should not exceed 12 people. Children with complete hearing loss are trained in the volume of an incomplete secondary general education school for 12 years. Children with minor deafness and severe speech disorders are trained from grades 1 to 12, and children with speech disorders leading to dysgraphia, dyslexia, dyslalia are trained for 10 years. If possible, the training period may be extended. Children with these diseases learn active speech activity, the development of auditory and visual perception, and lip reading.

Special (correctional) educational institutions of the III and IV types for training, education, correction of primary and secondary deviations in the development of pupils with visual impairments. Educational institutions of type III are aimed at educating blind children, and institutions of type IV are aimed at educating visually impaired children. Education in these institutions is carried out according to the programs of a secondary general education school (12 years of education) and an incomplete secondary general education school (10 years of education). Class sizes should not exceed 12 people. The main task in the rehabilitation of children is the preservation and development of vision. In educational institutions, blind children use tactile-kinesthetic systems and auditory analyzers while learning, partially seeing children actively use visual analyzers. A special role is given to the interaction of blind children with seeing children, which increases their social activity.

In special (correctional) educational institutions of the 5th type, children with hearing, but a pronounced pathology of speech, study. Children study under the program of an incomplete secondary general education school. The main task is to correct defects in oral and written speech. If the pathology is corrected, the child is transferred to other educational institutions.

Special (correctional) educational institutions of the VI type are health-improving educational institutions designed to correct dysfunctions of the musculoskeletal system of children. As aids using a variety of trainers and equipment. Education in these institutions is carried out according to the programs of a secondary general education school (11 years of education) and an incomplete secondary general education school (9 years of education). No more than 16 people can study in one class.

In special (correctional) educational institutions of the VII type, children with mental retardation are educated and brought up. In such institutions, education is carried out according to the programs of an incomplete secondary general education school. Work in such institutions is built on the basis of overcoming the shortcomings of psychophysical development. The program includes both individual and group lessons. Group size - no more than 20 people. In case of restoration of the mental development of the child, he is transferred to other educational institutions.

Special (correctional) educational institutions of the VIII type are intended for the education and upbringing of children with mental retardation. These institutions belong to both the education system and the health care system. Education of children is carried out in preschool institutions (orphanages), where these children are being prepared for education in specialized correctional boarding schools in order to obtain an accessible specialty.

Currently, type I-V orphanages and boarding schools are defined as state educational rehabilitation institutions, type VI - state rehabilitation institutions, and types VII and VIII - state medical and social rehabilitation institutions. Both are designed for permanent residence of children in need of care, household and medical care, as well as social and labor adaptation while teaching them according to the programs of comprehensive schools.

1. Health-improving educational institutions of the sanatorium type for children in need of long-term treatment are represented by sanatorium orphanages for orphans and children left without parental care. These institutions are designed to provide a comprehensive system of measures to provide psychological, medical, pedagogical and socio-legal assistance to pupils, to prepare them for an independent life, social and pedagogical integration into society. On the basis of sanatorium orphanages, special conditions are created that contribute to the mental, emotional and physical development of the personality of the pupil. Children from various orphanages and boarding schools are sent to these educational institutions for treatment. Rehabilitation and health-improving activities are carried out with the pupils. In the case of long-term treatment, children continue their education in general educational programs at the same institutions.
2. Special educational institutions for children and adolescents with deviant (deviant or socially dangerous) behavior. This category includes the following types of institutions (special (correctional) general education schools and special (correctional) vocational schools for children and adolescents with developmental disabilities). In such institutions, children aged 8 to 18 with mental retardation and mental retardation study according to adapted educational programs. Corrective measures, medical and preventive work are carried out with the pupils with the aim of their subsequent integration into society. AT educational process psychological and pedagogical support, labor education, which contribute to social rehabilitation, are used.

Conclusion

Thus, we can say that the state creates conditions for the realization of the right of orphans and children left without parental care to education, receiving qualified psychological assistance, treatment and rehabilitation, as well as social adaptation in modern world. In 2015 alone, the number of children left without parental care who enrolled in educational institutions of primary, secondary and higher education amounted to 15 thousand people. These include children with various health problems. The data presented show that these children have the opportunity, along with their peers, to be socially active and successful members of society, ready for successful socialization. However, the statistics of newly identified children left without parental care in 2015 (58 thousand people) remains alarming. The need for these institutions is still high. To date, the typology of special (correctional) institutions is quite extensive. Each type of institution has its own specifics and solves certain tasks aimed at socialization and development of resilience in children with disabilities.

Bibliographic link

According to the Federal Law "On Education", institutions for orphans and children left without parental care (legal representatives) are a type of educational institution.

Educational institutions may be state (federal or administered by a subject of the Russian Federation), municipal, non-state (private) institutions of public and religious organizations (associations).

The law places special requirements on charter educational institution.

An educational institution, like any legal entity, is subject to mandatory state1 registration Federal Registration Service.

The statutory period for consideration of documents submitted for state registration is 1 month, but in fact registration takes a longer period.

A registered educational institution must also be registered with the tax authorities (with the assignment of a TIN - taxpayer identification number), registered with non-budgetary funds - the Pension Fund, the Compulsory Medical Insurance Fund, the Social Insurance Fund and the state statistics authority.

In addition to the above, educational institutions created in the form of non-profit partnerships and associations (unions), if their founders include at least two commercial organizations, and these non-profit partnerships and associations (unions) intend to coordinate the business activities of their participants (members ), are required to notify the territorial antimonopoly body of their establishment. The notification must be submitted within 45 days from the date of state registration of the specified non-profit organizations.

To register an educational institution, the founders must:

1. Pay the state fee (2000 rubles)

2. Prepare and submit to the registering body the constituent documents of the organization being created (depending on the legal form - a protocol or a decision to establish an organization, the Charter, possibly a constituent agreement, as well as a number of other documents in case of registration of a public association), information about the founders, information about the location of the permanent executive body

3. Certify the notary's signature on the application for registration of a legal entity in the established form (the applicant must be one of the founders) and submit the application to the registration authority.

After state registration, before starting practical activities for the provision of services in the field of education, an educational institution must obtain license. The procedure for licensing educational activities is determined by the Government of the Russian Federation (at the time of writing this article, the Regulation on Licensing Educational Activities, approved by Decree of the Government of the Russian Federation of October 18, 2000 N 796).

Licensing of educational activities is carried out by the Ministry of Education of the Russian Federation, state educational authorities of the constituent entities of the Russian Federation and local governments, endowed with appropriate powers in accordance with the law

To obtain a license, the applicant must submit the following documents to the licensing authority:

a) a statement of the founder indicating the name and legal form of the license applicant, its location, the name of the bank and the bank account number, the list of educational programs, training areas and specialties, the validity period of the license. An educational institution of vocational education additionally submits an extract from the decision of the academic (pedagogical) council on the possibility of organizing training in basic and additional programs of vocational education declared for licensing, an institution of professional religious education (spiritual educational institution) and an educational institution of a religious organization (association) - submission of management corresponding denomination;

b) copies of the charter and certificate of state registration of the license applicant (with the presentation of the originals, if the copies are not certified by a notary). The branch of the educational institution additionally submits information on the registration of the branch at the actual address, a copy of the decision to establish the branch and the regulations on the branch approved in the prescribed manner. An organization that has an educational unit that conducts vocational training additionally submits a copy of the regulations on this unit approved in the prescribed manner;

c) a certificate of registration of the license applicant with the tax authority indicating the taxpayer identification number;

d) information about the structure of the license applicant, the staffing level, the expected number of students and pupils;

e) information on whether the license applicant has the buildings and premises necessary for the organization of the educational process, objects of physical culture and sports, hostels, on providing students, pupils and employees with food and medical care, with copies of documents confirming the right of the license applicant to own, use or disposal of the necessary educational and material base during the term of the license (with the presentation of the originals, if the copies are not certified by a notary);

f) the conclusions of the bodies of the State Sanitary and Epidemiological Service of the Russian Federation and the State Fire Service on the suitability of the buildings and premises used for the educational process; the conclusion of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation on the compliance of the educational and material base with the established requirements (in the preparation of drivers of vehicles); license of the Federal Mining and Industrial Supervision of Russia for the operation of the relevant equipment;

g) a list of disciplines included in each declared educational program, indicating the amount of teaching load (for vocational education institutions - classroom and extracurricular) in these disciplines.

After a certain period after obtaining a license (at least after one graduation of students (listeners, students ...), but not earlier than 3 years after obtaining a license), an educational institution has the right, in the manner established by the Government of the Russian Federation, to apply to the Ministry education (or other relevant state body of the system of the Ministry of Education) with an application for obtaining a state attestation. Similarly, a certified educational institution has the right to apply for its state accreditation.

Under federal law, there are two types of institution that can be summed up in one word "shelter". Institutions for minors include social rehabilitation centers for minors and centers for helping children left without parental care, and social shelters for children.

By a decree of the Government of the Russian Federation of November 27, 2000, the Approximate regulation regulating the activities of a social shelter for children, a social rehabilitation center for minors, and a center for helping children left without parental care was approved.

Main task social shelter for children is the provision of emergency social assistance to minors who find themselves in a difficult life situation.

In accordance with its tasks, the shelter, together with the authorities and institutions of education, health care, internal affairs and other organizations, takes measures to identify children in need of emergency social assistance; provides temporary accommodation for minors who find themselves in a difficult life situation; provides social, psychological and other assistance to minors, their parents (legal representatives) in eliminating a difficult life situation, restoring the social status of minors in groups of peers at the place of study, work, residence, promotes the return of minors to their families; ensures the protection of the rights and legitimate interests of minors; organizes medical care and education of minors in the shelter; assists the guardianship and guardianship authorities in the placement of minors left without parental care.

Minors between the ages of 3 and 18 who applied for help on their own, at the initiative of their parents (their legal representatives), sent (received) on other grounds in accordance with the legislation of the Russian Federation, regardless of their place of residence, are admitted to the shelter around the clock.

Minors stay in the shelter for the time necessary to provide them with emergency social assistance and resolve issues of their further placement in accordance with the legislation of the Russian Federation.

In its activities, the shelter is guided by federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation in the field of protecting the rights and legitimate interests of the child, the Model Regulations and its charter.

Main tasks social rehabilitation center for minors are the prevention of neglect and homelessness, as well as the social rehabilitation of minors who find themselves in a difficult life situation.

In accordance with its tasks, the center provides temporary accommodation for minors who find themselves in a difficult life situation; provides assistance in restoring the social status of minors in groups of peers at the place of study, work, residence, promotes the return of minors to their families; provides social, psychological and other assistance to minors, their parents (legal representatives) in the elimination of a difficult life situation; ensures the protection of the rights and legitimate interests of minors; organizes medical care and education of minors, promotes their professional orientation and their acquisition of a specialty; assists the guardianship and guardianship authorities in the placement of minors left without parental care.

Minors between the ages of 3 and 18 who applied for help on their own, at the initiative of their parents (their legal representatives), sent (received) on other grounds in accordance with the legislation of the Russian Federation, regardless of their place of residence, are admitted to the center around the clock.

Minors stay in the center for the time necessary to provide social assistance and (or) social rehabilitation and resolve issues of their further placement in accordance with the legislation of the Russian Federation.

In its activities, the center is guided by federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation in the field of protecting the rights and legitimate interests of the child, this Model Regulation and its charter.

Main tasks help center for children left without parental care, are the temporary maintenance of minors left without parental care, and assistance in their further arrangement.

In accordance with its tasks, the center, together with the authorities and institutions of education, health, internal affairs and other organizations, takes measures to identify children left without parental care; provides temporary maintenance of minors left without parental care; develops and implements programs for the social rehabilitation of minors aimed at their further placement; ensures the protection of the rights and legitimate interests of minors; assists the guardianship and guardianship authorities in the placement of minors left without parental care; organizes medical care and education of minors staying in the center, promotes their professional orientation and their acquisition of a specialty.

Guardianship (guardianship)- is one of the priority forms of arrangement for the upbringing of a child left without parental care, and is established for the purpose of his maintenance, upbringing and education, as well as for the protection of his rights and interests.

Guardianship (guardianship) over minors is established in the absence of parents, adoptive parents, deprivation of parental rights by the court, as well as in cases where such citizens are left without parental care for other reasons, in particular, when parents evade their upbringing or protection of their rights. and interests (Article 31 of the Civil Code of the Russian Federation, paragraph 3). Grandparents, parents, spouses, adult children, adult grandchildren, brothers and sisters of an adult ward, as well as grandparents, adult brothers and sisters of a minor ward have the preferential right to be his guardians or trustees over all other persons. 2008 No. 48 "On guardianship and guardianship"). A guardian (custodian) can be appointed only with his consent (Article 35 of the Civil Code of the Russian Federation, clause 3). Obligations of guardianship (trusteeship) in relation to a child under guardianship (trusteeship) are performed by the guardian (trustee) free of charge, except as otherwise provided by law (Article 36 of the Civil Code of the Russian Federation).