Right
/ 8. Constitutional law
associate professor, Cand.Jur.Sci., Danilova V.,
associate professor, Cand.Jur.Sci., Guseva A.
Penza state university, Russia
Powers of the commissions on affairs of minors
in the Russian Federation
The federal law of 24.06.1999 "About bases of
system of prevention of neglect and offenses of minors" (1) on the first
place in system of subjects of prevention of neglect and offenses of minors
delivered to the commission on affairs of minors and protection of their
rights.
The federal law of
30.12.2012 "About modification of articles 4 and 11 of the Federal
law "About bases of system of prevention of neglect and offenses of
minors" are conferred (2) commissions on affairs of minors and protection
of their rights by the federal law powers on implementation of measures for
protection and restoration of the rights and legitimate interests of minors,
protection them from all forms of discrimination, physical or mental abuse, an
insult, ill-treatment, sexual and other exploitation, to identification and
elimination of the reasons and the conditions promoting neglect, homelessness,
offenses and antisocial actions of minors; prepare together with appropriate
authorities or establishments the materials brought into court, on the
questions connected with the maintenance of minors in special teaching and
educational establishments of closed type, and also on other questions provided
by the legislation of the Russian Federation; consider ideas of governing body
of educational institution of an exception the minors who haven't got a general
education, from educational institution and on other questions of their
training in the cases provided by the federal law on education in the Russian
Federation; provide assistance in the labor and household device of the minors
which released from establishments of criminal and executive system or have
come back from special teaching and educational establishments, assistance in
definition of forms of the device of other minors needing the help of the
state, and also implementation of other functions on social rehabilitation of
minors who are provided by the legislation of the Russian Federation and the
legislation of subjects of the Russian Federation; apply influence measures
concerning minors, their parents or other lawful representatives in cases and
an order who are provided by the legislation of the Russian Federation and the
legislation of subjects of the Russian Federation; prepare and send to public
authorities of the subject of the Russian Federation and (or) local governments
in an order established by the legislation of the subject of the Russian
Federation, reports on work on prevention of neglect and offenses of minors on
territories of an appropriate subject of the Russian Federation and (or) on
territories of the relevant municipality.
According to the specified law of the commission on
affairs of minors and protection of their rights are created in the territory
of the subject of the Russian Federation in an order established by the
legislation of the subject of the Russian Federation, for coordination of
activity of bodies and establishments of system of prevention of neglect and
offenses of minors according to the prevention of neglect, homelessness,
offenses and antisocial actions of minors, identification and elimination of
the reasons and the conditions promoting it, to ensuring protection of the
rights and legitimate interests of minors, social and pedagogical
rehabilitation of the minors being in socially dangerous situation,
identification and suppression of cases of involvement of minors in commission
of crimes and antisocial actions. The procedure of activity of the commission
on affairs of minors and protection of their rights is defined by the
legislation of the subject of the Russian Federation.
However, because the uniform order of creation and
activities of the commissions for affairs of minors and protection of their
rights wasn't fixed at federal level, subjects of the Russian Federation had no
uniform approach in regulation of this sphere.
In our opinion, lack of accurately certain order of
education and activity at federal level, uniform legal status of the
commissions on affairs of minors and protection of their rights, influences
overall performance of the commissions, and, therefore, level of providing,
protection and the restoration, the violated rights and legitimate interests of
minors, and also quality of the qualified legal aid rendered by them.
Imperfection of the legislation, a suspense of
personnel questions of the commission, a problem in the activity organization,
result in incompetence of activity of the commissions on affairs of minors and
protection of their rights. It is necessary to consider that the commissions
work with minors therefore the high qualification demands connected with
knowledge both of legal bases have to be made to them, and psychological,
necessary during the work with minors.
In this connection, it is advisable for implementation
by the commissions on affairs of minors and protection of their rights assigned
to them of powers adoption of the Federal law "About bases of the
organization of activity of the commissions on affairs of minors and protection
of their rights in The Russian Federation" which will define legal status
of the commissions on affairs of minors, an order of education and ensuring
their activity, legal bases and the principles of activity, competence of the
commissions on affairs of minors, the rights, duties, forms of activity, a
task, system and structure of the commissions on affairs of minors, structure
of the commissions, and also responsibility of members of the commissions on
affairs of minors.
Adoption of the Federal law will provide uniformity of
activity of the commissions on affairs of minors in all territory of the
Russian Federation that in turn will provide protection and protection of the
rights of minors.
Literature:
1. Collection of the legislation Russian Federation,
28.06.1999, No. 26, Art. 3177.
2. Collection of the legislation Russian Federation,
31.12.2012, No. 53 (p.1), Art. 7622.