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[MOSCOW, 11 April 2008] - The Russian State Duma [parliament] has discussed the protection of the rights of orphans, and decided to allow the functioning of private orphanages. The MPs approved the new version of the law “On guardianship.” The first reading of the document took place last November, and the second reading – last Wednesday. The delay was the result of the criticism of a number of the provisions of the draft law by the public. Specifically, the banning of non-state-owned orphanages and the cancellation of 'patronage' were severely criticised. The Public Chamber opposed those provisions in 2007, and Dmitry Medvedev promised that they would not be adopted. Early in April President-Elect Medvedev criticised the state bodies, including the legislators, for the delay with the adoption of the law. The new version does not include the controversial provisions on the banning of private orphanages. Moreover, according to Pavel Krasheninnikov, head of the Duma committee for legislation, “various foundations and religious organisations will now be able to exercise guardianship over children.” Patronage families who signed agreements prior to the adoption of the law will continue. The law is aimed at expanding the rights of the children, who are in need of guardianship, as well as of guardians, Krasheninnikov said. For the first time ever there are provisions in the law on “the responsibility of guardians for the violation of rights and lawful interests of the children whom they take care of.” Specifically, the guardianship authorities can now strip a guardian of his position if he uses the child for 'selfish purposes', or if he leaves the orphan or the disabled person without attendance or help. The procedure for the introduction of preliminary or temporary guardianship will be simplified. Close relatives will have the preferential right to claim the role of a guardian. According to Duma Speaker Boris Gryzlov, the new basic law will bring together for the first time the legal norms, which previously were included in various codes – the Family Code, the Housing Code and the Civil Code. The new law “will promote the establishment of order and stabilisation in that sphere in the Year of the Family,” Krasheninnikov said. Further information
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