How to save property of orphans and children left parental carе Printable versionLast update: 21.09.2020
Today the problem of preserving the property of orphans and children left parental care is urgent. For the time of spending the child in residential institution the part of the dwelling on which he has a right is simply sold. In this case any refund of the аccommodation is not done.
In this regard, the Government of the Republic of Kazakhstan dated November 29, 2013 № 1271 approved the Rules of safety home for orphans and children without parental care.
Thus, control over the safety of children is carried by local executive bodies (hereinafter - the authority).
Safety of home to their children devices custody or guardianship, foster care, the organization of education, health and other organizations is provided by bodies.
When the children into foster care, guardianship, foster care, the organization of education, health and other organizations preserve their homes provided the legal representatives of children.
Residence of public housing or housing authority rented private housing, reserved for children for the period of their stay in the institutions of education, health and other organizations, including providing temporary isolation from society, under guardianship, foster care - until they reach adulthood.
Not allowed to make transactions for the disposal, including exchange or donation dwelling children under fourteen years of age, or the conclusion on behalf of the guarantee agreement for delivery of housing transactions in the gratuitous use or deposit transactions that entail the rejection of their rights to inheritance by law, will, partition their homes or partition of shares.
Who produce an accounting of children dwelling?
Bodies detect from children the presence of home and produce its records in accordance with the laws of the Republic of Kazakhstan on state registration of rights to immovable property.
In cases of detection of home bodies make:
- statement of technical and sanitary state housing indicating the registered persons, as well as those actually living in the surveyed housing;
- an inventory of the property situated therein indicating the distinguishing features of each.
Inventory and act drawn up in two copies:
- one copy in the body, which is located on the territory of the dwelling;
- the second instance is the legally authorized representatives.
How to set custody over children dwelling
Authorities within one month from the date when it became aware of the need for placement of children under guardianship, foster care, the organization of education, health and other organizations, establish custody of housing children.
Custody over housing is established by decision of the appointing authority housing custody of children. This decision was reached on the basis of security letters prohibiting transactions directed to the territorial bodies of Justice.
Legislation does not prohibit lease (rent) of home for orphans and children without parental care.
To do this, the legal representatives of children with the consent of the authority conducting the functions of custody or guardianship may lease (rental) housing children on the basis of a model contract approved by the Government of the Republic of Kazakhstan.
For consent to lease (rent) the body carrying out the functions of custody or guardianship, the legal representatives of the following documents:
- An application for permission to lease (rent) homes of children, which shall be in any form;
- A certificate of consent of a minor child with home ownership or the right to use housing, aged 10 years of age;
- Copies of documents proving the identity of the legal representative and children; on the placement of children under guardianship or custody of foster care, or education organizations, medical and other organizations;
- Copies of the title documents for housing.
Granting consent authorities to lease (rent) home children made within five working days from receipt of documents.
Money received under lease (rental) of housing, shall be credited to the bank account of children.
At the conclusion or termination (termination) of the contract lease (sublease) dwelling children passed by an act of acceptance involving legal representatives of children, the representative body exercising functions of guardianship or custody of the hirer (subtenant).
In accordance with the legislation of the Republic of Kazakhstan on state control and supervision of the implementation of the monitoring there is carried out the legal representatives of the child safety responsibilities homes for orphans and children without parental care.
Legal representatives of the children at least once every six months to represent the authorities at home accounting form report on the management of the ward housing that contains information about the state of the home, the actions undertaken in relation to the dwelling.
In the case of improper performance of duties of the legal representatives of children on home safety authority in charge of guardianship or trusteeship, removes legal representatives of children from the performance of these dutiеs.