Russia has introduced the toughest option juvenile system

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The agenda of the autumn session of the State Duma — a package of bills relating to the family.

This fall in the working agenda of the State Duma — the consideration of a package of bills relating to the family. This is a draft law "On social patronage", "On public control over the rights of orphans," "On the responsibility of parents for leaving children unattended," to create a "ministry of childhood."

In essence it is about the introduction in Russia juvenile system in its most rigid form, warns "" Hiding behind the fine phrases about children's rights, its followers infringe on the full control and management of the family, until the removal of her children.

Discussion of this impending threat of juvenile were devoted in the last Saturday in Moscow public hearings "New laws in the area of family and education (issues, implications, suggestions)", organized by the Russian national cultural center of St. Basil the Great, and the Association of parents' committees and communities of Russia (ARKS) .

Speaking at the hearing with an overview of these bills, a member of the Central Council of ARKS Olga Letkova noted that in the State Duma today is moving a lot of juvenile laws that threaten our traditional values.

The first is a project of the Social patronage. According to the concept of the document guardianship authorities may check any signal family — as she lives, and has raised their children — and recognize it at social risk. Moreover, no criteria for what should be a family, and the grounds on which a family can be classified as disadvantaged, are not available. There is this, and in the current family law, said Olga Letkova.

By definition of the bill, at risk is the family that is not enough properly educates and provides for their children. But what would be considered "right" and "wrong", will solve the child welfare authorities. They will have the right to come to the house, in spite of the constitutional standard of privacy of the home, private property and privacy. According to the bill, these bodies have the right to enter into the living room, to make regulations and the results of these inspections to recognize family at social risk and assign a plan to correct the family.

The bill fixes a plan called "help", but it is revealed that the help will be very educational and methodical. That is, it will be some regulations to raise and support children that parents will be required to perform, what they should buy, how to behave, etc.

The bill states that social patronage done on a voluntary basis, only at the request of the parents. But at the same time provides that if parents refuse the proposed plan to correct the family, the social worker filed a lawsuit to deprive the mother and father of parental rights. As a result, the court may either limit parental rights to the child, or even deny parental rights. But even if the court does not find the reasons for the deprivation or restriction of parental rights, the social patronage appointed force. Thus, if parents refuse social patronage, it will still be appointed either by force, or by the court of the family and the parents take the child will be deprived of parental rights.

Moreover, according to the bill, to deprive the mother and father of parental rights may not only the court. The document says that the child welfare authorities have the right to social patronage within the family, and the placement of a child in an orphanage, that is, have the right at any time remove the child. Thus, if the guardianship authorities now have to apply to remove a child from the family court, the new law will change their status: they become authorities themselves will decide whether to take the child from the family or to deprive parents of their parental rights. Accordingly, there is a very powerful system of juvenile western type, in which the social services collect dossiers on their parents and may at any time give its decision on any family.

Next: the new law (if passed) the social patronage will take place not only at the request of parents, neighbors, signals from schools, kindergartens, etc., but also can be appointed at the request of the child reaches 10 years age. The initiators of the bill, 10 years — enough for a child age to understand the parents violate his rights, and report it to the authorities, then the family will be under control. It is easy to imagine how it will look in practice: if the parent-child something forbidden, something not given, somewhere is not empty, then the offended child may complain to the social authorities, and those primchatsya "respond." That and look to Russia will multiply Pavlik Morozov.

Another juvenile bill that the State Duma will consider at its autumn session — "On public control over the rights of orphans and children left without parental care." Seemingly Letkova notes, the bill only applies to children in orphanages. However, under current legislation, the shelter does not just children who have no parents or whose parents are deprived of parental rights, and children left without parental care and guardianship if for any reason acknowledge that parents are not well taken care of children . In this case, children are placed in a shelter without trial for six months or a year — to attract controlling bodies. Also in temporary shelter are children whose parents are temporarily define them there by coincidence any circumstance.

In addition, the bill introduces a direct part in Russia on the Rights of the Child and protect these rights. The first law, upholding the law — the right of the child to live and grow up in an orphanage. Not in the family, as in our current legislation, namely in the shelter. Other right — is the child's right to privacy, the right to write and complain to the relevant authorities of Russia and foreign countries, the right to a secret confidential advice about their rights, and so on

And all this — the spectrum of rights, which we do not have neither the Constitution nor in the Family Code. And now they are introduced into our legislation. It is clear that since these rights are entered for one category of children, very soon they will be recognized for all children.

It also introduces the public enforcement of these rights. Some public organizations gain access to a family secret, documents children. These "control" committee will not professionals, but only members of the public organization that pays for its members. And about who pays the bill does not say. Accordingly, because the ordinary public organizations can not afford these payments, it will be the organizations interested in children's business. So scary to think Letkova notes, for what purpose the information can go, given the enormous powers given to these community organizations in accordance with the bill.

In this appeal of their action would be impossible. Under the Civil Code, they are civilians, so to argue with them and bring their actions in legal channel problem are now in the Civil Code of the country there is no such order. Thus, any influential social organizations that will have a serious access to the authorities: they will make annual reports on the situation of children's rights in Russia, to instruct the authorities to make legislative proposals to the State Duma, to dictate policy to protect the rights of children. Here is a new system proposed by the authors of the bill.

Another new law, which drew the attention of Olga Letkova — a "ministry of childhood." About him yet few people know. Adepts juvenile system have long said that the need for a coordination body to be above all agencies and regulations which will be compulsory for all — and for the parents, and organizations. Now to the State Duma a bill on the establishment of the Commission on the basis of the juvenile of an official body such as the Commission for the Protection of Children's Rights. It will be created by the government, will not submit to anyone and will be led by other committees. Thus, the structure of the state will be in the state, which will determine the policy of the authorities with regard to children.

Speaking abstractly, nothing wrong with the idea of a body that would deal exclusively with children, no, emphasizes Olga Letkova. But, given the juvenile paradigm of today's society and looking at the Western experience, we can say that Russia will create an organization like the Norwegian "Barneombudet» (Barneombudet). These organizations are independent, they are above all, and they are, in fact, be heard by the juvenile justice system.

This fall, the State Duma will be reviewed and the draft law "On the responsibility of parents for leaving children unattended." Offered, as well as in the West, is obliged to provide the indispensable presence of a number of children babysitting when parents are not around. In most Western countries, forbidden to leave the children alone in the U.S., for example, parents of children up to the age of 12 are required to hire someone to care for them. It is clear that our families, even those living in large cities, it is problematic to find money for a babysitter, not to mention the provinces, says Olga Letkova. And forbid 10-12-year-old child to run around the yard is not quite normal and does not correspond with our Russian reality.

But this bill is not only lobbies for the interests of Clan nannies. The most important thing — it is conceptually holds the parents responsible for everything that happens to the child at any time. And if something goes wrong with the child, parents will pose a serious criminal or administrative liability. And, accordingly, canceled parental right to decide and evaluate what is dangerous or not dangerous for their child.

While operating in the Russian legislation is based on the principle of good faith parents believed that all that they do for their children, they are doing the right thing, that is, faithfully perform their parental duties (unless the contrary is proved in court). And if something happens to your child, then it is not necessary that there is a fault of parents and that they should incur criminal or administrative penalties.

Said Olga Letkova and the situation with the passage of these bills. According to her, a working group on the draft law "On public control over the rights of orphans," who worked in the spring and part of summer. Were achieved very significant agreement on the change of the concept of the bill. Instead of the western system of monitoring compliance with the rights of children in orphanages planned establishment of boards of trustees, which would include representatives of the parent community and government agencies, which in the event of any problems the child would help solve them.

Unfortunately, however, the authors of the bill and A.Golovan V.Gefter have a special letter that change the concept of the bill is not recommended. Thus, the agreements that were reached with great difficulty, to date, so far removed, and this law again, for the third time, will be overwritten. "The Working Group — Olga Letkova — we're trying to reduce the negative impact from the adoption of this bill, and this is very important. We have made exceptions to the priority of the rights of children above the rights of adults, which was also announced as one of the conceptual provisions of Juvenile Justice prescribed in this bill. If we can remove the "right of children to privacy" and the right of children to make complaints, we replace the right to live in a shelter for the right to live in the family — it will be a significant achievement. "

Juvenile risk is clearly not far off: On September 20, the State Duma is scheduled roundtable with the public to discuss the draft law "On social patronage." But the round table — this is the first step in passing the law.

Therefore, the participants of public hearings on new juvenile initiatives encouraged all to come on September 22 protest march in Moscow. The procession will start near the metro station "Glade" at 15:00 and will be held through the streets of Big and Little Glade Yakimanka on Yakimanskii and Crimean embankment of the Moscow River. After the end of the procession held a rally. Start time of the meeting — 16:00. Venue — the entrance to the Central House of Artists (Krimsky Val, 10).

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