FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 24, 1999 No. 120-FZ

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

Accepted by the State Duma of the Russian Federation on May 21, 1999

Approved by Council of the Russian Federation on June 9, 1999

This Federal Law according to the Constitution of the Russian Federation and the universally recognized norms of international law establishes bases of legal regulation of the relations arising in connection with activities for prevention of neglect and offenses of minors.

Chapter I. General provisions

Article 1. Basic concepts

For the purposes of this Federal Law the following basic concepts are applied:

the minor - person under the age of of eighteen years;

neglected - the minor, control of whose behavior is absent owing to non-execution or improper execution of obligations on his education, training and (or) content from parents or other legal representatives or officials;

homeless - neglected, not taking residences and (or) places of stay;

the minor who is in socially dangerous provision - person who owing to neglect or homelessness is in the situation which is constituting danger to his life or health or not meeting the requirements to his education or content or makes offense or antisocial actions;

antisocial actions - the actions of the minor which are expressed in the systematic use of drugs, the psychotropic and (or) stupefying substances, alcoholic and alcohol-containing products, occupation prostitution, vagrancy or begging and also other actions violating the rights and legitimate interests of other persons;

the family which is in socially dangerous provision - the family having the children who are in socially dangerous provision and also family where parents or other legal representatives of minors do not fulfill the duties on their education, training and (or) content and (or) negatively influence their behavior or cruelly treat them;

individual scheduled maintenance - activities for timely identification of the minors and families which are in socially dangerous provision and also for their social and pedagogical rehabilitation and (or) the prevention of making by them of offenses and antisocial actions;

prevention of neglect and offenses of minors - system of the social, legal, pedagogical and other measures directed to identification and elimination of the reasons and conditions promoting neglect, homelessness, offenses and antisocial actions of the minors performed in total with individual scheduled maintenance with the minors and families which are in socially dangerous provision;

the paragraph the tenth ceased to be valid according to the Federal Law of the Russian Federation of 29.06.2015 No. 179-FZ

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

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

the prevention of neglect, homelessness, offenses and antisocial actions of minors, identification and elimination of the reasons and conditions promoting it;

ensuring protection of the rights and legitimate interests of minors;

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

identification and suppression of cases of involvement of minors in making of crimes, other illegal and (or) antisocial actions, and also cases of their inducement to suicide actions.

2. Activities for prevention of neglect and offenses of minors are based on the principles of legality, democratism, humane treatment of minors, family support and interactions with it, individual approach to minors with maintaining confidentiality of the acquired information, the state support of activities of local government bodies and public associations for prevention of neglect and offenses of minors, ensuring responsibility of officials and citizens for violation of the rights and legitimate interests of minors.

Article 3. Legislation of the Russian Federation on prevention of neglect and offenses of minors

The legislation of the Russian Federation regulating activities for prevention of neglect and offenses of minors is based on the Constitution of the Russian Federation, the universally recognized norms of international law and consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and regulatory legal acts of subjects of the Russian Federation.

Article 4. Bodies and organizations of system of prevention of neglect and offenses of minors

1. The system of prevention of neglect and offenses of minors includes the commissions on cases of minors and protection of their rights, governing bodies of social protection of the population, the federal bodies of the government and public authorities of subjects of the Russian Federation exercising public administration in the field of education and the local government bodies exercising control in the field of education (further - the bodies exercising control in the field of education), guardianship and custody bodies, bodies for cases of youth, governing bodies of health care, bodies of employment service, law-enforcement bodies, organizations of criminal executive system (pre-trial detention centers, educational colonies and criminal and executive inspections).

2. In the bodies specified in Item 1 of this Article, according to the procedure, established by the legislation of the Russian Federation and the legislation of subjects of the Russian Federation the organizations performing separate functions on prevention of neglect and offenses of minors can be created.

3. Participation in activities for prevention of neglect and offenses of minors of the Comissioner for the President of the Russian Federation by the rights of the child, Ombudsmen for Children in subjects of the Russian Federation, other bodies, organizations and organizations, and also mentors is performed within their competence according to the procedure, established by the legislation of the Russian Federation and (or) the legislation of subjects of the Russian Federation.

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

1. Bodies and organizations of system of prevention of neglect and offenses of minors carry out individual scheduled maintenance concerning minors:

1) neglected or homeless;

2) engaged in vagrancy or begging;

3) containing in socially - the rehabilitation centers for minor, social shelters, the centers of the help to children without parental support, special teaching and educational and other facilities for the minors needing the public assistance and (or) rehabilitation;

4) using drugs or psychotropic substances without appointment of the doctor or using the stupefying substances, alcoholic and alcohol-containing products;

5) made the offense which entailed application of measures of the administrative responsibility;

6) made offense before achievement of age from which there comes the administrative responsibility;

7) exempted from criminal liability owing to the act of amnesty, and also in cases when it is recognized that correction of the minor can be reached by application of enforcement powers of educational impact;

8) made socially dangerous act and not subject to criminal liability in connection with not achievement of age from which there comes criminal liability, or owing to the lagging in mental development which is not connected with mental disturbance;

9) persons accused or the crimes suspected of making concerning which the measures of restraint provided by the Code of penal procedure of the Russian Federation are chosen;

9. 1) serving custodial sanction in educational colonies;

10) conditionally ahead of schedule exempted from serving sentence, exempted from punishment owing to the act of amnesty or in connection with pardon, and also exempted from punishment in connection with change of situation;

11) which are granted delay of serving sentence or delay of execution of sentence;

12) exempted from the organizations of criminal executive system which came back from special teaching and educational facilities of the closed type if they during stay in the specified organizations allowed violations of the mode was made by illegal acts and (or) after release (release) are in socially dangerous provision and (or) need the public assistance and (or) rehabilitation;

13) condemned for crime execution of small or average weight and exempted by court from punishment using enforcement powers of educational impact;

14) the convicts conditionally condemned to the obligatory works, corrective works or other measures of punishment which are not connected with imprisonment.

2. Bodies and organizations of system of prevention of neglect and offenses of minors, except for pre-trial detention centers of criminal executive system and educational colonies, carry out individual scheduled maintenance concerning parents or other legal representatives of minors if they do not fulfill the duties on their education, to training and (or) content and (or) negatively influence their behavior or cruelly treat them.

3. Individual scheduled maintenance with persons who are not specified in Items 1 and 2 of this Article can be carried out in case of need preventions of offenses or for rendering the public assistance and (or) rehabilitation of minors with the consent of the head of body or organization of system of prevention of neglect and offenses of minors.

Article 6. Bases of carrying out individual scheduled maintenance

The bases of carrying out individual scheduled maintenance concerning minors, their parents or other legal representatives are circumstances, stipulated in Article the 5th this Federal Law if they are fixed in the following documents:

1) the statement of the minor or his parents or other legal representatives for rendering the help with the questions entering competence of bodies and organizations of system of prevention of neglect and offenses of minors to them;

2) sentence, determination or judgment;

3) resolution of the commission on cases of minors and protection of their rights, prosecutor, head of investigating body, investigator, body of inquiry or chief of law-enforcement body;

4) the documents determined by this Federal Law as foundations of the placement of minors to organizations of system of prevention of neglect and offenses of minors;

5) the conclusion approved by the head of body or organization of system of prevention of neglect and offenses of minors by results of performed claims, statements or other messages.

Article 7. Terms of carrying out individual scheduled maintenance

Individual scheduled maintenance concerning minors, their parents or other legal representatives is carried out to the terms necessary for rendering public and other assistance to minors, or before elimination of the reasons and conditions promoting neglect, homelessness, offenses or antisocial actions of minors or achievement of age of eighteen years by them, or approaches of other circumstances, stipulated by the legislation the Russian Federation.

Article 8. The rights of persons concerning which individual scheduled maintenance is carried out

1. The rights and freedoms guaranteed by the Constitution of the Russian Federation, the Convention of the UN on the child's rights, international treaties of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, the laws and regulatory legal acts of subjects of the Russian Federation are provided to minors, their parents or other legal representatives concerning whom individual scheduled maintenance is carried out.

2. The minors which are in organizations of system of prevention of neglect and offenses of minors have the rights specified in Item 1 of this Article and also in accordance with the established procedure have the right on:

notification of parents or other legal representatives on the placement of the minor to organization of system of prevention of neglect and offenses of minors. In the presence of place of residence or the place of stay of parents or other legal representatives information on the placement of the minor to the specified organization shall be sent them within 12 hours from the moment of its room, and in the absence of the information about parents or other legal representatives the specified notification within three days from the moment of the room of the minor goes to guardianship and custody body at its last place of residence;

receipt of information on the purposes of the stay in organization of system of prevention of neglect and offenses of minors, the rights and about the obligations, the basic rules regulating internal rules and procedures in this organization;

appeal of the decisions made by employees of bodies and organizations of system of prevention of neglect and offenses of minors, in higher bodies of the specified system, bodies of prosecutor's office and court;

the humane, not degrading human dignity address;

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