Law of Ukraine “On Ensuring Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care”

COUNTRY:

Ukraine

DOCUMENT TYPE:

Legislation

YEAR ADOPTED:

2005

Description

The Law of Ukraine “On Ensuring Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care” regulates the mechanisms of social protection for children who have been left without proper parental care and defines the main provisions and means of state support for such children.

Article 1 defines the key terms used in this law. One of the main terms is “children deprived of parental care,” which includes children left without parental care due to various circumstances. Such circumstances include the deprivation of parental rights, recognition of parents as legally incapable, parents who are missing or incapacitated, parents who are serving sentences in places of deprivation of liberty, a lack of information about parents’ whereabouts, and reasons related to armed conflict, including the Anti-Terrorist Operation and the armed conflict with the Russian Federation.

Article 3 outlines the main principles of state policy regarding the social protection of orphans and children deprived of parental care. One of the key principles is ensuring every child’s right to be raised in a family, with priority given to adoption or placement in family-type care. The state is obliged to protect the property and housing rights of such children, promote their physical, intellectual, and spiritual development, as well as prepare them for independent life. The law also guarantees the right to healthy development and access to free legal assistance. Additionally, it is important to create conditions for providing psychological, medical, and educational support to children and assist their social adaptation. Special attention is given to ensuring the opportunity for free choice of professional activity that corresponds to the interests of the child and the demands of the labor market.

Article 4 specifies the concrete measures for the social protection of orphans and children deprived of parental care. The state guarantees and protects social standards for such children regardless of where they are raised, including in state institutions or foster families. The law establishes minimum state standards for material support, including expenses for food, clothing, footwear, medical care, and housing. It also defines guarantees for the provision of a first job for such children and compensation in the event of the inability to provide a job. Additionally, the law provides for one-time state assistance upon graduation from educational institutions or upon reaching the age of 18.

The law also establishes the possibility for the government to introduce additional social standards to protect such children, highlighting the flexibility and responsibility of the state in ensuring social protection.