Legislation regulating the activities of guardianship and guardianship authorities
The activities of guardianship and guardianship authorities are regulated by the Regulations on guardianship and guardianship bodies in the Republic of Belarus, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated March 23, 2005 N 308.
The functions of guardianship and guardianship bodies in Belarus are performed by local executive and administrative bodies (executive committees), as well as district administrations, in particular, their structural divisions in the field of education.
Guardianship and guardianship bodies carry out guardianship and guardianship of both minor citizens and adult citizens who need it (persons who suffer from mental illness or are addicted to the use of alcoholic beverages, drugs, etc.).
In relation to children under 18 years of age, the functions of guardianship and guardianship bodies are performed by commissions for minors under the administrations of districts of settlements in cases provided for by law, as well as education departments under executive committees.
Competence of guardianship and guardianship authorities
The tasks of guardianship and guardianship authorities are:
– identification and registration of children who need guardianship;
– providing financial assistance to children;
– prevention of neglect and delinquency of children under the age of eighteen;
– other tasks.
The role of guardianship and guardianship authorities in deciding the issue of determining the place of residence of the child
In the event of disputes between parents about where the minor will live (as a rule, such disputes arise in the event of a divorce of the parents), the guardianship and guardianship authorities must check the state of the child’s housing conditions, about which they draw up a conclusion.
So, when checking a dwelling where, for example, a child of school age lives, guardianship and guardianship authorities examine the following living conditions:
– availability of a bed for a child;
– the presence of a child’s desk for learning, teaching aids, textbooks, stationery;
– compliance with sanitary standards for the maintenance of the living quarters where the child lives (cleanliness and order in the apartment, residential building; the presence or absence of clutter in the living quarters, etc.).
The conclusion of the guardianship and guardianship authorities plays an important role in the consideration by the courts of cases on determining the place of residence of the child. So, in the conclusion it may be indicated that, for example, the father’s living quarters do not meet the needs of the student and his sanitary condition is unsatisfactory for the minor to live. In this case, the court, when deciding on the place of residence of the child, may leave him to live with his mother.
Participation of a representative of the guardianship and guardianship authorities in the judicial process when considering family disputes
The legislation of the Republic of Belarus establishes that when the court considers civil cases related to the upbringing of children, the participation of representatives of guardianship and guardianship authorities is mandatory.
Thus, a representative of these bodies appears in court with his opinion, expressing his opinion on a family dispute. When making a decision, the court takes into account, along with other circumstances of the case, the conclusion and opinion of the representative of the guardianship and guardianship authority.
The role of guardianship and guardianship authorities in initiating the process of deprivation of parental rights
If the child does not live with his mother and father, and the parents evade his upbringing and financial support, the guardianship and guardianship authorities have the right to demand through the court the deprivation of the mother and father of parental rights. The legislation provides for other grounds for depriving parents of parental rights. This is the abuse of alcohol by parents, the conduct of an immoral lifestyle, cruelty towards the child and other reasons.
Guardianship and guardianship authorities also have the right to file a claim with the court for the removal of a child without deprivation of parental rights. Such statements of claim should be filed with the court only if there are grounds provided for by law, and there is sufficient evidence to support these grounds.
Thus, the guardianship and guardianship authorities, along with parents, close relatives, the prosecutor and other interested parties, are entitled to initiate a lawsuit on deprivation of parental rights.
