Spouses Vysheslavskiye, Lyudmila Antonovna and Leonid Petrovich - trustees 15 - the summer granddaughter Anechki Bolshakova (surnames and names are changed. - Bus). Mother of the girl died when it executed year and five months. Words not to describe a parental grief. With this pain it was necessary to live not simply, and to raise and bring up the granddaughter. The father didn't show any interest to Ania's destiny. God to it the judge, the speech not about it.
In 1997 authorized bodies of local government the grandmother with the grandfather were appointed trustees, and the court agreed with it. It seemed, legal status grants to a family the right to receive the help guaranteed by the state. Its sizes are well-known, but on worthy support anybody in our country especially and doesn't count.
At the beginning of June of last year Vysheslavsky the formal notice from the chief of a juvenile service of the Central district Valentina Pasichnoy actually about guardianship cancellation came. Allegedly on the basis and in pursuance of an order of the head of the regional state administration. As it became clear subsequently, it was free interpretation of the document as in the letter to which the chief referred, her service was entrusted to establish the status of the child and to protect interests of minors.
It is possible to present, what shock there was a sudden message on recognition of guardianship illegal for spouses. To both already for 70. Happiness that mind, intelligence and courage not to occupy with it that, alas, you won't tell about some local bureaucrats. They cast a safe family into a circle of an official hell.
Long correspondence exhausting soul began. Soon received the letter from area prosecutor's office in which the fact of illegal actions of service and violations of the rights of the child was confirmed by Pasichna.It seemed, justice triumphed. But just like that officials, as we know, don't give up. Even to prosecutor's office. Even law to them not decree. They are able, officials to catch not a letter, and certain soaring over a letter"spirit"the law which smell it is allowed to feel only of
Otherwise how to interpret one of numerous"masterpieces"official formal reply? I quote:"The bases for confirmation of the status of the child deprived of parental care, at minors who received it before Lawcoming into effect"About providing organizationally - legal conditions of social protection of children - orphans and the children deprived of parental care"...it isn't seen". "It isn't seen" -it is"yes"or"isn't present"?It means, what it isn't necessary to confirm the status because and so everything is clear? Or the status of it isn't present?
Now both madam Pasichnaya, and service for children of the regional state administration in the official answers reported that Anna Bolshakova has no status of the child deprived of parental care. No. 866referred to the Resolution of Cabinet of Ministers of 24.09.2008"Questions of activity of bodies of guardianship and the guardianship, connected with protection of the rights of the child".
We will try to understand, about what this document. Procedure of primary establishment of the status of the child deprived of parental care is stated in the specified resolution. And then the section devoted to the device of such children follows. One of forms of the device is guardianship. The list of necessary documents is provided and, as a matter of fact, the mechanism of establishment of guardianship is specified by the decision of executive body of local government. Further bodies of guardianship and guardianship should provide social escort of the child who is under guardianship.
And so, it appears, the status of the child deprived of parental care which so disturbs officials, is necessary for guardianship establishment. But when that is established, it and means lack of parental care.
After obtaining the letter from prosecutor's office Evgeny Paramonov, the chief of service for children of the regional state administration, told to Lyudmila Antonovna and Leonid Petrovich:"...as of this time there are no bases to consider your guardianship over the granddaughter illegal".Besides - ambiguous interpretation! And right there offers trustees for establishment of the status of the child deprived of parental care, to appeal to court with the claim about deprivation of the father of the girl of the parental rights. As though he doesn't know that there is a concept"deprivation of parental care without deprivation of the parental rights" (in literature the termmeets"social orphanhood"),that, actually, also I confirmed court in 1997. It is known, I believe, and that action of each new statutory act can't be turned on already existing lawful relations.
Vysheslavskiye's spouses patiently explain to officials:"We consider that the service for children will make the decision on the claim direction on deprivation of the father of the parental rights or the child, or as orders the legislation. In our opinion, the service can and resolve this issue now. For this purpose the state also allocates it with powers. Why to involve 15 - the summer girl in lawsuits? Especially as for establishment of the status of the child in deprivation of the parental rights of need isn't present".To them it is necessary again and to repeat again:"As all relevant legal acts which affected the moment of purpose of guardianship and were entered and recognized in Ukraine later, it is provided that guardianship is appointed only over children who have no parental care. Therefore, having admitted the fact of legality of guardianship, the service for children can't recognize at the same time with it - Jure existence of the parental care which is absent - the fact.
... also saved?
Correspondence of trustees with officials proceeds. In January of this year at meeting of the Nikolaev executive committee of city council the question of establishment of the status of the child deprived of parental care, minor Bolshakova A. was considered.The decision to send inquiry to Ministry of Justice about interpretation of rules of law of the resolution adopted in 2008 is made. What for? And at what here Ministry of Justice? If there is a law, there are explanations of the Prosecutor General's Office in which it is accurately spoken:"the rights of the minor are violated",it is necessary to restore it in these rights. By the way, Vysheslavsky neither about meeting of the Executive Committee of the City Soviet of People's Deputies, nor on inquiry in Ministry of Justice and its contents didn't notify. And the Ministry of Justice, by the way, supported Vysheslavsky' position.
Notice, on guardianship, guardianship, protection of the rights of the child local authorities, instead of uncles and aunts in the Kiev high offices are authorized to solve all questions. That doesn't suffice to them: powers, time? At us that, such families, how Vysheslavskiye, thousands or at least one hundred? No, only three (!) in Nikolaev. Certainly, it is a pity that bureaucrats aren't allocated with feeling of compassion to social orphans, children who at live parents are deprived of parental care. Compassion probably for someone category abstract. But to protect interests of children, to achieve justice restoration, to work according to the legislation - whether it is a direct duty of responsible persons?
Leonid Vysheslavsky who considers is absolutely right that concerning his granddaughter article 52 of the Constitution of Ukraine, saying thatis violated"children are equal in the rights".Certainly, article 3 of the International conventionis violated also"About the rights of the child",where it is told that in all actions concerning children the prime attention has to be paid to the best ensuring interests of the child. Concerning Anna local bureaucrats behave incorrectly. Perhaps take care of economy of the budget? But hardly deprivation of the help of one child will lead to an exit from financial crisis. And here crisis sincere threatens the girl. After all it is clear that two elderly persons can't provide on the tiny pensions to the granddaughter comfortable life. On what employees of the service which sacred duty to protect the rights and interests of the child doom them, depriving of them the state help? Why they charge with everything the grandfather and the grandmother.Keep and pardon from such social maintenance!
Instead of an epilog
While the material was prepared by a press, the regional prosecutor's office directed the new instruction. In it it is accurately specified that"it isn't provided additional confirmation of the status of children - orphans and the children deprived of parental care, for minors who received it before law coming into effect. Both at the time of purpose of guardianship in 1997, and after Bolshakov has the status of the child deprived of parental care, and it isn't required its confirmations".
The prosecutor's office brought the instruction with the requirement immediately to eliminate violations of requirements of the Law of Ukraine"About the state help to families with children".But still the girl doesn't receive it. When will receive? To solve to officials? Or on them all - is a justice...