Children in difficult life situations. The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” provides a list of children in difficult life situations.

• children left without parental care;
• disabled children;
• children with disabilities, i.e. having deficiencies in physical and (or) mental development;
• children are victims of armed and interethnic conflicts, environmental and man-made disasters, and natural disasters;
• children from families of refugees and internally displaced persons;
• children in extreme conditions;
• children are victims of violence;
• children serving sentences of imprisonment in educational colonies;
• children in educational institutions for students with deviant (socially dangerous) behavior who need special conditions of education, training and require a special pedagogical approach (in special educational institutions of open and closed types);
• children living in low-income families;
• children with behavioral problems;
• children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.

Each of the listed groups of children in difficult life situations requires special care and protection from state authorities and local governments. The specifics of the care and placement of these children, their social adaptation and rehabilitation, require, as a rule, special legal regulation.

Children left without parental care. Among children in difficult life situations, the largest proportion are children left without parental care. Federal Law No. 159-FZ of December 21, 1996 “On additional guarantees for social support for orphans and children left without parental care” includes persons under the age of 18 who are left without the care of a single parent or both parents due to with certain circumstances:

Deprivation of parents of parental rights, restriction of their parental rights;

recognition of parents as missing, incompetent (partially capable), declaring them dead;

• - establishment by the court of the fact that a person has lost parental care;
• - parents serving their sentences in institutions executing sentences of imprisonment, being in places of detention of suspects and accused of committing crimes;
• - parents’ avoidance of raising their children or protecting their rights and interests;
• - refusal of parents to take their children from educational organizations, medical organizations, organizations providing social services;
• - in case the only parent or both parents are unknown;
• - in other cases of recognizing children as left without parental care in the manner prescribed by law.

Statistical data

In 2014, 61,621 children deprived of parental care were identified in Russia, which is 10% less than in 2013.

The law also extends additional guarantees of social support to orphans and persons from among orphans and children left without parental care.

Orphans- These are also children who are actually left without parental care due to the death of both or a single parent. The law classifies as orphans and children without parental care persons aged 18 to 23 years who need additional guarantees of social support, and who, when they were under the age of 18, had both or their only parent die , as well as those who were left without the care of a single or both parents.

Placement for children left without parental care. Children left without parental care must first of all be provided with the necessary accommodations. In accordance with family law, the protection of children, their rights and interests is entrusted to the guardianship and trusteeship authorities (Article 121 of the RF IC). Therefore, it is the guardianship and trusteeship authorities who elect child placement forms, left without parental care. These forms include the transfer of a child:

• - into a family for upbringing (adoption);
• - into a family under guardianship or guardianship;

to a foster family or, in cases provided for by the laws of the constituent entities of the Russian Federation, to a foster family.

If there is no possibility of placement in a family, the child is temporarily transferred to organizations for orphans and children without parental care of all types (educational, medical organizations, organizations providing social services). Children in these institutions are fully supported by the state. The standards for material support for orphans and children left without parental care studying and being raised in federal state educational institutions were approved by Decree of the Government of the Russian Federation dated November 7, 2005 No. 659.

The procedure for placing children without parental care is regulated by family law. The area of ​​social security law includes issues of social support for such children.

Adopted children are equal in personal non-property and property rights and obligations to natural children. The adoptive parents are responsible for their maintenance and upbringing.

Children placed under guardianship (trusteeship) live and are raised in the family of a guardian (trustee), who takes care of them. This form of placement for children who have lost parental care, as a foster family, is provided for in Art. 152-153.2 RF IC. The maintenance and upbringing of children in a foster family is based on an agreement concluded between persons wishing to become foster parents and the guardianship and trusteeship authority. The rules for creating a foster family, as well as a number of other documents regulating issues of guardianship and trusteeship, were approved by Decree of the Government of the Russian Federation dated May 18, 2009 No. 423 “On certain issues of guardianship and trusteeship in relation to minor citizens.”

A one-time benefit when placing a child in a family. The placement of children left without parental care is accompanied by such a measure of social support as a one-time benefit when transferring the child to a family for upbringing.

The right to this benefit when transferring a child to be raised in a family (adoption, establishment of guardianship (trusteeship), transfer to foster care of children left without parental care) is given to one of the adoptive parents, guardians (trustees), adoptive parents. The transfer of a child to a family for upbringing is possible in the case where the child is left without actual parental care, without parental care.

If two or more children are placed in foster care, the allowance is paid for each child.

A one-time benefit when placing a child in a family is paid in the same amount as a one-time benefit for the birth of a child - from February 1, 2016 it is 15,512.65 rubles.

In case of adoption of a disabled child, a child over seven years of age, as well as children who are brothers and (or) sisters, the benefit is paid in the amount of 100,000 rubles. for each such child (from February 1, 2016 - 118,529.25 rubles, taking into account indexation).

Other payments when placing a child in a family for upbringing. In accordance with the law, the duties of guardianship and trusteeship are performed, as a general rule, free of charge. However, the guardianship and trusteeship authority, based on the interests of the ward, has the right to conclude an agreement with the guardian or trustee on the implementation of guardianship or trusteeship on paid terms. Remuneration to a guardian or trustee may be paid from income from the property of the ward, funds from third parties, as well as funds from the budget of a constituent entity of the Russian Federation.

Adoptive parents, in relation to the adopted child or children, exercise the rights and perform the duties of a guardian or trustee on the basis of a concluded agreement. The amount of remuneration due to adoptive parents, the amount of money for the maintenance of each child, as well as social support measures provided to the adoptive family depending on the number of children taken into care, are determined by the agreement on the adoptive family in accordance with the laws of the constituent entities of the Russian Federation.

The measures of social support provided for by the legislation of the constituent entities of the Russian Federation for children placed for adoption, for upbringing in a family (under guardianship, guardianship, in a foster family), may include a monthly allowance for the maintenance of a child placed for upbringing in a family (under guardianship, guardianship, foster care). guardianship, foster family); a one-time allowance for a child when placing a child in foster care (guardianship, guardianship, foster care), or when adopting a child; monthly remuneration for guardians and adoptive parents.

Children under guardianship (trusteeship) or placed in a foster family retain the right to alimony, pensions, benefits and other social payments due to them.

Features of a family-type orphanage. In recent years, special attention has been paid to the organization of family-type orphanages. A family-type orphanage is formed on the basis of a family if both spouses have expressed a desire to foster at least five and no more than 10 children aged from birth to 18 years. To create such an orphanage, it is necessary to take into account the opinions of all family members living together. Children are transferred to such an orphanage taking into account the child’s opinion, and from the age of 10 - only with his consent.

A family-type orphanage is created by decision of the executive body of a constituent entity of the Russian Federation or a local government body. The relationship between the founder and the family-type orphanage is built on the basis of an agreement concluded between them. A family-type orphanage is financed by the founder based on the standards for providing for pupils of educational organizations for orphans and children left without parental care.

Teachers at a family-type orphanage are subject to the terms of remuneration, provision of annual leave, as well as benefits and guarantees established for employees of educational organizations for orphans and children without parental care. Teachers of a family-type orphanage have a priority right to receive vouchers for children, including free ones, to sanatoriums, health camps, as well as rest homes and sanatoriums for joint recreation and treatment with children.

Areas of social support for children without parental care. The Federal Law “On Additional Guarantees for Social Support for Orphans and Children Without Parental Care” specifies the main areas in which social support for such children is provided: education, medical care, property and housing rights, employment and employment.

Education. For orphans and children left without parental care, persons from among orphans and children left without parental care, the law establishes free training in the preparatory departments of educational institutions of higher education and free receipt of a second secondary vocational education under the training program for skilled workers.

If they receive secondary vocational education or full-time higher education at the expense of the budget, they are enrolled in full state support until completion of their studies (including if they reach the age of 23).

Along with full state support, they are paid a scholarship (in accordance with the Federal Law “On Education in the Russian Federation”), an annual allowance for the purchase of educational literature and writing materials in the amount of a three-month scholarship, as well as 100% of wages accrued during the period of industrial training and production practice.

Graduates who come during vacations, weekends and holidays to the organizations in which they were trained, by decision of their governing bodies, can be enrolled in free food and accommodation for the period of their stay there.

Graduates are also provided with clothing, footwear, soft goods and equipment according to approved standards, at the expense of the organizations in which they studied and (or) were raised, one-time, as well as a one-time cash allowance in the amount of no less than 500 rubles. At the request of the graduate, he may be given monetary compensation in the amount necessary to purchase the specified items, or such compensation may be transferred to the graduate’s bank account.

When such students are granted academic leave for medical reasons, they retain full state support for the entire period and are paid a stipend. The organization in which they study facilitates the organization of their treatment.

During the period of study (at the expense of the federal budget), they are provided with free travel on city, suburban, and rural areas on intra-district transport (except taxis), as well as free travel once a year to their place of residence and back to their place of study. For students using funds from the budgets of the constituent entities of the Russian Federation or local budgets, preferential travel is established by the legal acts of the constituent entities of the Russian Federation.

Medical service. Orphans and children left without parental care, as well as persons from among orphans and children left without parental care, are guaranteed free medical care (including high-tech), medical examination, health improvement, regular medical examinations, and the provision of vouchers to health camps, to sanatorium-resort organizations if there are medical indications, as well as payment for travel to the place of treatment and back.

Property and housing rights. Orphans and children left without parental care, persons from among orphans and children left without parental care who do not have the right or opportunity to live in residential premises, by the executive authority of the subject of the Russian Federation on whose territory the place of residence of these persons is located , in the manner established by the legislation of this subject of the Russian Federation, comfortable residential premises of a specialized housing stock are provided one-time under lease agreements for specialized residential premises. Residential premises are provided when they reach the age of 18, as well as if they acquire full legal capacity before reaching adulthood.

Employment and employment. Those seeking work for the first time and registered with the state employment service as unemployed, orphans, children without parental care, orphans and children without parental care, are paid unemployment benefits for six months in the amount of the average wages prevailing in the republic, territory, region, the cities of Moscow and St. Petersburg, autonomous region, autonomous district. During the specified period, employment service bodies provide vocational guidance, send people to undergo vocational training or receive additional vocational education, and organize the employment of persons of the highest category. Employees - orphans and children left without parental care, persons from among orphans and children left without parental care, released from organizations due to their liquidation, reduction in number or staff, employers (their legal successors) are obliged to provide at the expense own funds necessary professional training with their subsequent employment in this or another organization.

Laws and other regulatory legal acts of the constituent entities of the Russian Federation carry out detailed regulation of the social support measures provided for by federal law for orphans and children left without parental care, and additional measures of such support may also be established.

Social support for homeless people who are in a socially dangerous situation. Social support for this category of children in difficult life situations is provided in the course of activities to prevent neglect and juvenile delinquency. These relations are regulated by Federal Law No. 120-FZ of June 24, 1999 “On the fundamentals of the system for the prevention of neglect and juvenile delinquency.” This law proclaims, in particular, the social and pedagogical rehabilitation of minors in a socially dangerous situation, as well as ensuring the protection of the rights and legitimate interests of minors as the main objectives of activities to prevent neglect and delinquency of minors. Solving the assigned tasks is entrusted to the bodies and institutions of the system for the prevention of neglect and delinquency of minors, which include, among other things, management bodies for social protection of the population, management bodies in the field of education (federal, constituent entities of the Russian Federation, local self-government), guardianship and trusteeship bodies, affairs bodies youth, healthcare authorities, employment service authorities.

See: Articles 153, 153.1 of the RF IC.

See: Decree of the Government of the Russian Federation dated March 19, 2001 No. 195 “On a family-type orphanage.”

That is, if they are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as if their residence in previously occupied residential premises is considered impossible.

Municipal autonomous institution of additional education

"Children's Art School named after S.V. Rachmaninov"

Methodical message

Topic: “Features of working with children,

Those in difficult life situations"

Conducted by: Ignatieva E.B.,

piano teacher

2017

1. Introduction.

1. Main part:

1. characteristics of children in difficult life situations

1. social support system for such children

1. psychological characteristics of children at risk

1. Features of teaching piano playing to children at risk.

1. Conclusion.

1. Bibliography.

Introduction.

Along with undeniable progress in the life of society, negative changes have also occurred; they have led to the emergence of support for the standard of living of children in a market economy.

The problem of physical survival that has faced many families has changed the attitude of parents towards their children. Dysfunctional families are no longer such a rare occurrence.

Statistics show that in terms of the number of orphans per every 10 thousand child population, Russia ranks first in the world. Almost 50% of the country's child population is at social risk.

There are 573 thousand orphans in our country. Every year about 100 thousand children in need of care are identified in Russia.

In our innovation-advanced society, the attitude towards large families is extremely negative. The majority of the country's population is inclined to believe that many children live in dysfunctional families.

The situation of large families in Russia at this stage of historical development is of concern. This is due to the global demographic crisis, as well as the spiritual and moral crisis, which are actively developing throughout the world.

Tension, mass, and motives for migration depend on many reasons: faith, war, political repression, natural and environmental disasters, financial instability.

Forced migration seriously disrupts a person’s social adaptation: from one natural and social environment that is familiar to him, he moves to another, negatively breaking many natural connections and artificially forming such connections in a new place.

Public institutions must create conditions for the successful socialization of such children, help them master the norms and rules of life in society, knowledge and skills to build their relationships with other people, develop the ability for dedication and free will, teach them to lead a creative life, predict the future themselves, be It is natural for oneself and other people to strive to find the meaning of life.

The family as a micromodel of society is the most important link in the multifaceted process of forming a child’s personality. It is the family that should contribute to the inclusion of a person in the complex, contradictory world around him. Today, it faces the acute problem of its disorganization, which is associated with a violation not only of the interaction of spouses for various reasons, but also of systems “ parents-child”, mutual alienation of children and parents.

All this is aggravated by such external factors as unemployment, low financial status, drunkenness, drug addiction. Since the family does not fulfill its educational functions: successful socialization of children, ensuring psychological comfort, emotional well-being of the child, the number of children experiencing difficulties in one area or another is increasing .The number of social orphans is steadily growing, and the number of foster and guardianship families is correspondingly increasing. All this contributes to an increase in the number of children who find themselves in difficult life situations.

In the Federal Law of the Russian Federation “On Basic Guarantees of the Rights of the Child of the Russian Federation” dated July 24, 1998 No. 124-FZ, Article 1 (as amended on June 30, 2007). Typical difficult life situations for a child are formulated.

Children in difficult life situations are:

• left without parental care;
• disabled children;
• children with disabilities, that is, those with deficiencies in physical or mental development;
• child victims of armed and ethnic conflicts, environmental and man-made disasters, natural disasters;
• children from families of refugees and internally displaced persons;
• children in extreme conditions;
• child victims of violence;
• children serving a sentence of imprisonment in educational institutions
• colonies;
• children in special educational institutions;
• children living in low-income families;
• children with behavioral problems;
• children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.

All difficult life situations are characterized by a violation of the stability of the usual way of life and the emergence of the need for change.

But the child does not have sufficient life experience for this, the knowledge, abilities, and strength that are necessary to resolve difficult situations that have arisen, and the adults next to him do not want (or cannot) help him solve them. In this case, social services at various levels should come to the rescue.

The social work system is developing as an interdepartmental one, involving the interaction of educational institutions, social protection, medical and cultural institutions, government organizations. A distinctive feature of this system is its conditionality of regional (municipal) specifics, when demographic, social, historical, economic and other features are taken into account.

The organizational component of the support system that has emerged today is a mechanism of interdepartmental interaction, which includes the following composition of institutions and organizations that differ in composition, categories of children, their coverage, and forms of support:

• educational institutions: preschool institutions, general education institutions
• schools of all types, primary and secondary vocational institutions
• education, special education institutions, additional education institutions;
• social service institutions: orphanages, rehabilitation centers;
• trust services;
• institutions of culture, sports, youth policy;
• interdepartmental psychological, medical, social and pedagogical centers and services at various levels;
• commission on affairs of minors and protection of their rights;
• healthcare institutions.

So, the essence of supporting children who find themselves in difficult life situations lies in jointly with the child designing ways to overcome difficulties, solving problems, strengthening the life resources of the individual, their appropriate use in new conditions for self-realization, self-defense, and self-education.

Every year, an increasing number of children who find themselves in difficult life situations are among the students of our additional education institution. These are mainly: orphans, foster children; disabled children; children with disabilities; children from families of refugees and internally displaced persons; children living in low-income families; children whose parents have stopped living together and being a family. In this situation, I, as a teacher of such students, try to be wise, attentive, tactful. Through the use of different methods and methods of teaching, through knowledge of developmental psychology, I try to awaken students’ interest in knowledge, to captivate pedagogical process.

In the pedagogical literature, the community of such children is called “risk group”.

I noticed that a necessary condition for the formation of thinking in preschool age among orphans is the richness and diversity of the child’s sensory experience. Such children differ from their peers from intact families in reduced cognitive activity, delayed mental development, lack of communication skills and conflicts in relationships with peers. Failure to satisfy the need to communicate with adults and peers leads to impairments in mastering gaming activities. Such children do not know how to play with toys, how to play games. They quickly break, spoil and lose toys, and primitively use them in play. Their main activities on the street are running around, catching up and teasing, or avoiding everyone, loneliness, and doing nothing. In classes with such children, emphasis should be placed on the development of thinking, imagination, and memory. From an early age, orphans live in conditions of lack of communication with adults; this negative factor does not give them independence.

Adolescents whose parents no longer live together have no need for creativity, cognition, or active activity in life; they are convinced of their uselessness, the impossibility of achieving something in life on their own; project the unsuccessful life of their parents onto themselves. Among socially approved values, a happy family life is in first place, material well-being is in second place, and health is in third place, but since these values ​​seem inaccessible to teenagers, this situation gives rise to internal conflict and stress in them. “Reinforcement” of the loss of value in such adolescents is those who studied poorly or did not study at all, but succeeded in life. As a rule, such children have difficulties in relationships with adults - stubbornness, indifference to assessing their successes, dropping out of school, confidence that all the most interesting things happen outside of school, etc. Teenagers begin to keep diaries, secret notebooks in which they freely and independently express their thoughts and feelings. When working with adolescents at risk, one should take into account, often, their inherent state of helplessness.

• families who consciously go through the difficulties and joys of having and raising many children;
• families of socially irresponsible parents.

A large family of the first category can be rural or urban; consist of children of the same or different parents; include, in addition to natural children, also adopted or taken under guardianship. Such a family is characterized by: direct visibility of family and social roles; early self-affirmation through the early inclusion of the child in care and work; formation in children of social values, perspectives and an active life position. However, at the stage of secondary socialization in such a family, the life prospects of growing children, as a rule, extend only to certain limits (“I’ll be a driver”, I’ll go to “courses”).

Nowadays, large families with irresponsible parents are much more common. In such families, the children themselves are often the income of their parents. The psychological climate of such a family is extremely unfavorable for education.

The educational potential of a large family has its positive and negative characteristics. On the one hand, in a large family, as a result of communication between people of different sexes and ages, the possibility of developing such character traits as selfishness and selfishness is reduced. In such a family, children have a better chance of avoiding childhood autism, neuroses, fears, egocentrism, etc. Children in such a family always have partners for games, activities, and entertainment. On the other hand, all types of large-child families have a common socio-psychological problem - children's rivalry, which can lead to envy, ambition, gloating, and aggression. The rivalry of children in large families has a psychological mechanism of competition. The desire of the elder to show his superiority to the parents, the baby and himself causes the feeling of inferiority of the younger child. A specific feature of education in large families is the educational influence of children, which is the source of many positive situations, a condition for the formation of “co-learning,” “co-play” and “cooperation.” But at the same time, this is the cause of many conflicts. Life in a children's group promotes personality differentiation. On the one hand, a child in a family wants to do what the other can do, on the other hand, each of them defends something of his own, wants to be able to do something different, wants to be himself. This is another characteristic feature of growing up in a large family.

In recent years, the number of forced migrants to Russia from neighboring countries has sharply increased. Psychological adaptation of migrants and their families is one of the main problems faced by migrants. As a result of the current circumstances, their children fall into the “risk group”.

Post-traumatic stress provokes a nervous atmosphere in such families. Considering that the child has to actually adapt to new economic and social conditions

(school, city, relationships), the child finds himself surrounded by problems and misunderstanding: thus, upon arriving in Russia, many children have difficulty adapting among their peers and withdraw into themselves. Due to the presence of significant differences in school curricula in Russia and the CIS countries, children of refugees and internally displaced persons experience increased academic failure, decreased self-esteem, and increased mental stress, leading to a deterioration in mental and physical health. Migrant children differ from the environment of their new location in their culture, they are, as a rule, from low-income strata of society, they are not socially protected, they do not know or have poor knowledge of the language of the school system, as well as the psychology on which the language is based. All this is significant. complicates the process of their training and education, socialization and adaptation. When working with migrant students, it is necessary to develop their ability for dialogical communication. The teacher must master the technology of studying and taking into account the peculiarities of the mentality of students.

From all of the above, we can conclude that work with children at risk should be based on an individual approach to the individual. Both parents and children should not be part of the problem, but part of its solution and have the knowledge necessary for self-realization and self-rehabilitation.

Teaching piano to children who find themselves in difficult life situations is possible only in the conditions of individual instruction, and it can only be successful when the teacher looks for and finds in each student that special and unique thing that distinguishes him from the other. Knowing the characteristics of the student and the properties of his nervous system, the teacher can correctly dose the loads, select more effective methodological approaches that will allow the child to learn easier and faster, and therefore with joy and desire.

Possession of the necessary information on taking into account the individual psychological characteristics of the student’s personality in the process of learning to play the piano will allow the teacher to select the necessary forms of pedagogical influence that will ensure the most complete development of all the creative powers and capabilities of the student.

In the art of music, all types of musical activity are associated with the development of attention in students, thanks to which internal composure, concentration of attention, and complete mobilization of psychophysical resources appear - everything without which successful musical performing activities are impossible.

Thinking is an individual way of transforming information. In children at risk, it is necessary to develop a visual-figurative type of thinking that can awaken in them various feelings, memories, images, which will help them develop creative thinking that actively contributes to the development of intelligence.

In the process of teaching children at risk, emphasis should be placed on developing their performing qualities, namely: perseverance and perseverance, independence and initiative, endurance and self-control, courage and determination. All these are features of volitional behavior, without which no open speeches.

Public performance is the result of the work done, it is always stressful, and for children who find themselves in a difficult life situation, it is double. Therefore, the task of the teacher is to help get rid of the negative aspects of stage anxiety and force them to approach the concert performance of the program more responsibly. You need to teach your child to ignore any mistake made during a performance.

Stage performance is not only a test of the nervous system's strength, but also the joy of performing, creative inspiration and professional growth, especially if you are not alone on stage. “At-risk” students really like to play music collectively, as part of various instrumental ensembles. The more often such students appear on stage, the more self-confidence they will show, the faster their process of socialization as individuals will go.

Conclusion .

Personal development cannot be considered outside the context of the era, and the rhythm of life itself is different now. There have been changes in the social structure of society, and there has been a reassessment of the musical preferences that the younger generation enjoys. The teacher needs to be aware of new trends and try to find a common language with all layers of our society. The modern process in music education is focused on the child’s personality, on his upbringing, training and development, the process of communication with music, taking into account the characteristics of the child population. The process of learning art should take place in such a way that, along with knowledge and professional skills, the student develops the qualities of a creator, asserts himself in society, and finds himself in society.

The teacher must take care not only of transferring classical knowledge and experience, which is typical for traditional methods, but also apply innovative methods aimed at developing the individual qualities of children who possess an arsenal of creative techniques.

Bibliography:

1. Children in difficult life situations: New approaches to solving the problem. - Fund for the support of children in difficult life situations - M., 2010.

1. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” dated July 24, 1998 No. 124-FZ (as amended by Federal Laws dated July 20, 2000 No. 103-FZ).

1. Decree of the President of the Russian Federation No. 761 of June 1, 2012 “On the National Strategy of Action in the Interests of Children for 2012-2017.”

1. Osukhova N.G. Psychological assistance in difficult and extreme situations.-Ed. Academy, 2012

1. Titarenko V.Ya. Family and personality formation.-M., Mysl, 1987.

1. Shmidt-Shklovskaya A. About the education of pianistic skills. L.Music, 1985

1. Internet resource: compresium.ru

In modern Russia, due to the increase in the number of families in a crisis socio-economic situation, the concept of children who find themselves in a difficult life situation has increasingly begun to be used in pedagogy and psychology. At the moment, the problem of social and pedagogical support for children in difficult life situations is extremely relevant. It is caused, first of all, by the socio-economic crisis of recent decades, which has significantly influenced the situation of the younger generation and resulted in negative phenomena in such important areas for the development of adolescents as family, education, leisure, and health. The content of the concept “children who find themselves in difficult life situations” has many components. At the moment, the category of those in difficult life situations includes children from socially unprotected and dysfunctional families left without parental care, children with disabilities and developmental disorders, who find themselves in extreme conditions, victims of violence and others whose life activities have been disrupted as a result of prevailing circumstances, which they cannot overcome on their own or with the help of their family. As a result, it is necessary to define the concept of children in difficult life situations and their socio-pedagogical characteristics.

A child is a constantly growing and developing organism, at each age stage having certain morphological, physiological and psychological characteristics.

Each child, at different periods of his life, and also depending on the social conditions in which he may find himself, for reasons beyond his control, may find himself in a difficult life situation, and accordingly will need help and protection to varying degrees.

I. G. Kuzina considers the general concept of a difficult life situation as “a situation that objectively violates a person’s social ties with his environment and the conditions of normal life and is subjectively perceived by him as difficult, as a result of which he may need the support and assistance of social services to solve his problem »

N. G. Osukhova considers this concept as a situation in which “as a result of external influences or internal changes, a child’s adaptation to life is disrupted, as a result of which he is unable to satisfy his basic life needs through models and methods of behavior developed in previous periods life."

Having analyzed these approaches to defining a difficult life situation and highlighting its common features, we can formulate the following definition: a difficult life situation is a situation that means the experiences of a person who finds himself in a situation that seriously affects his well-being, life safety and from which he is not always able to go out on his own. In this case, he needs help. Children who find themselves in difficult life situations especially need help. It is more difficult for them to independently find an acceptable way out of the current situation. Taking this fact into account, in social and pedagogical support it is necessary to predict and determine the most appropriate ways to provide assistance to a child who finds himself in a difficult life situation. The main goal of such support is to create the most optimal conditions for the child’s life and upbringing.

Modern children have two main spheres of activity, and they are also the main institutions of influence on their upbringing: the family sphere and the education system. The vast majority of a child’s problems arise precisely as a result of the influence of these two institutions.

For a child, the family is the environment in which the conditions for his physical, mental, emotional and intellectual development are formed. The inability of the family as a social institution to provide the upbringing and maintenance of children is one of the most important factors in the emergence of the category of children in difficult life situations [52, p.352].

Let us highlight the most significant factors influencing family well-being, as a result of which children may experience difficult life situations.

The first factor is the poor material living conditions of the family. Families with children in Russia have been the most deprived for a long time. The reasons are the high dependency burden on the able-bodied, the lack of work for one of the parents due to child care, as well as the lower earnings of young professionals. Significant indicators of the material living conditions of a family are the level of household income and housing security. It is important to note that poor income indicators are concentrated in the same households. Families living in poor housing conditions and not having enough money have a low chance of getting out of poverty, so special attention should be paid to them by specialists from services for the prevention of family troubles and orphanhood.

The second factor affecting well-being is the loss of connection with the labor market. Families with children show a high degree of economic activity, and employment is more likely to be among the poor. Two-parent families with children in which the man is economically inactive experience an increased risk of poverty and, as a consequence, family dysfunction. Families affected by long-term unemployment, single-parent families with children, in which the parent does not have a job, also find themselves among the poor. In single-parent families, women, from an economic point of view, perform the same function that is characteristic of men in two-parent families. Families with children in which there are unemployed people, although they fall into poverty, have a high chance of exiting it as a result of a successful job search, in contrast to families in which the man is economically inactive.

The third factor is intra-family conflicts, a dysfunctional psychological atmosphere in the family. It is a mistake to assume that all families in which disagreements occur are a risk group, and that children living in them are classified as being in a difficult life situation. Only children in critical situations, in situations of severe conflicts that have many reasons, can be considered children who find themselves in a difficult life situation. These children certainly need help, and their families should certainly be included in the target group of programs for the prevention of social orphanhood.

Another important factor influencing family well-being is domestic abuse. A big problem in identifying and preventing families where child abuse is practiced is that the families themselves, both parents and children, hide this fact: parents - because they are afraid of punishment and condemnation, children - because they are ashamed of their situation and feel fear.

The next factor is alcoholism and drug addiction in the family. Alcoholism and drug addiction are problems that, if not the causes of family dysfunction, then often accompany it. A child who finds himself in the environment of parents dependent on alcohol or drugs, as a rule, has physical, psychological and social development problems. In addition, most children inherit this dependence and constitute a high-risk group for the development of mental, neurological and somatic disorders. A child often escapes from parents suffering from addiction on the street, but there he is also faced with a dysfunctional environment and the influence of homeless peers. Such families also concentrate all other problems, since they lose contact with the labor market and do not have a stable income.

There is also such a factor as the dysfunctional family environment of children, the risks of divorce, and failure to fulfill childcare responsibilities. In Russian society, there is a strong opinion on the issue of who should be responsible for raising children. Despite the fact that the majority of respondents believe that caring for a child should fall on the shoulders of the family, or at least should be shared between the family and society, there are parents who shift responsibility for a preschool child from the family to society. Parents who believe that caring for children should be delegated to society do not want to take responsibility for raising children, and therefore do not fully fulfill their parental responsibilities.

There is reason to believe that the most painful problems for families are critically poor housing conditions and an acute lack of income, followed by a high level of conflict in the family, and only then all other types of trouble. In most cases, a critical situation is associated with a combination of manifestations of trouble.

The Federal Law of the Russian Federation “On Basic Guarantees of the Rights of the Child in the Russian Federation” formulates typical difficult life situations for a child related to family:

Death of parents.

Refusal of parents to take their children from social welfare institutions, educational, medical and other institutions.

Independent termination by parents of parental responsibilities towards their child.

Failure by parents, for one reason or another, to fulfill their responsibilities towards their children.

Long-term absence of parents.

Limitation of parents' parental rights. The decision is made by the court taking into account the interests of the child. It may occur under the condition that leaving a child with the parents or with one of them is dangerous for the child due to circumstances beyond the control of the parents or one of them.

Deprivation of parents of parental rights. It acts as a legislative measure for parents who do not fulfill their responsibilities towards their minor children, as well as those who abuse parental rights.

The inability of parents for one reason or another to fulfill their parental responsibilities: serving a sentence; declaring them legally incompetent when they cannot, for health reasons, fulfill responsibilities towards their children; a crisis state of the family that does not allow it to fulfill parental responsibilities towards the child. In the above cases, the child falls into the custody and guardianship authorities - these are local government bodies that are charged with protecting the rights and interests of children left without parental care. Guardianship and trusteeship authorities are called upon to: identify children left without parental care; register such children; select forms of placement for children left without parental care. At the same time, they try to arrange them, first of all, into a family. To this end, they promote the creation of foster, guardianship and other types of families; provide patronage to foster families and provide them with the necessary assistance; contribute to the creation of normal living conditions and upbringing of a child in foster families, that is, provide assistance from psychologists, teachers, social workers, help improve living conditions, exercise control over the conditions of the child’s upbringing, and the fulfillment of the parental responsibilities assigned to the foster family for his upbringing and education. In case of failure to fulfill their duties in relation to adopted children, guardianship and trusteeship authorities are obliged to take measures to protect their rights.

Based on all of the above, we understand that quite a large number of factors that provoke a child’s difficult life situation come from his family. If at least one of the factors described above is present in the family, then the risk of a difficult situation for the child is very high. Another important area of ​​a child’s activity is the educational sphere. Since it is one of the main activities of children, the possibility of a difficult life situation for a child arising here is increased.

One of the problems of a child who finds himself in a difficult situation is a low level of socialization, that is, limited mobility, poor contacts with peers and adults, limited communication with nature and access to cultural values, etc. In modern schools, the main role is assigned to the educational rather than the socializing function; the school does not provide children with the necessary set of qualities they need for full integration into society. The limited activities of the school determine the negative attitude of the majority of students towards this educational institution, which does not give them the opportunity to express themselves as individuals. The reason for the emergence of a difficult situation in the lives of children can be an unsatisfactory level of knowledge, and as a result, a large gap in academic performance between the best and worst students. This is very closely related to the self-esteem of the child’s personality. As a result, children have problems of various types associated with maladaptation in social relationships at school. These problems together can lead to a difficult situation for the child.

V. A. Nikitin in his research describes socialization as “the process and result of an individual’s inclusion in social relations.” It is important to keep in mind that socialization is a process that lasts throughout a person's life. Therefore, one of the main goals of socialization is the adaptation of a person to social reality, which serves as the most possible condition for the normal functioning of society. At the moment, difficult life situations that lead to a low level of socialization of a child include: begging, homelessness and neglect, various types of deviant behavior, as well as illness and disability. The problems that arise in the process of socialization of such children are, first of all, social problems: insufficient forms of social support, inaccessibility of healthcare, education, culture, and consumer services. Among them we can distinguish problems at the macro, meso and micro levels. This set of problems is being solved by the efforts of the entire society and the state aimed at creating equal opportunities for all children.

The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” defines the term “children in difficult life situations”, “these are children, orphans or children left without parental care; disabled children; children with disabilities, that is, having deficiencies in physical and (or) mental development; children are victims of armed and interethnic conflicts, environmental and man-made disasters, and natural disasters; children from families of refugees and internally displaced persons; children are victims of violence; children serving sentences of imprisonment in educational colonies; children in special educational institutions; children living in low-income families; children with behavioral problems; children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.”

At the moment, in modern Russia the problem of child orphanhood, and especially social child orphanhood, is very acute. If previously these were children whose parents died at the front, today the overwhelming majority of children raised in children's homes, orphanages, and boarding schools have one or both parents, that is, they are social orphans, or orphans with living parents. In the Federal Law “On additional guarantees for social support of orphans and children left without parental care,” orphans are “persons under the age of 18 whose both or only parent has died.” Children left without parental care are “persons under the age of 18 who were left without the care of a single parent or both parents due to the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incompetent, or declaring them dead, establishment by a court of the fact that a person has lost parental care, parents serving a sentence in institutions executing a sentence of imprisonment, being in places of detention suspected and accused of committing crimes, parents’ evasion from raising their children or from protecting their rights and interests, refusal parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases of recognizing children as left without parental care in the manner prescribed by law.”

It is worth paying attention to such a category of children who find themselves in difficult life situations, such as disabled children or children with limited health capabilities. The health of the Russian population is in critical condition. The results of thorough research indicate a health crisis in representatives of all age groups, especially children. In Russia, as well as throughout the world, there is a growing trend of children with disabilities. Based on the provisions of Law No. 181-FZ and the Family Code of the Russian Federation, “a disabled child is understood as a person under 18 years of age who has a health disorder with a persistent disorder of body functions caused by diseases, consequences of injuries or defects, leading to limitation of life activity and causing the need for social protection." Children with developmental disabilities find themselves deprived of the channels of obtaining information available to their healthy peers: constrained in movement and the use of sensory channels of perception, children cannot master the full variety of human experience that remains out of reach. They are also deprived of the opportunity to carry out practical activities and are limited in play activities, which negatively affects the formation of higher mental functions. A disorder or lack of development can occur suddenly after an accident or illness, or it can develop and intensify over a long period of time, for example, due to exposure to unfavorable environmental factors, or as a result of a long-term chronic disease. A deficiency or disorder can be eliminated, in whole or in part, by medical and psychological-pedagogical, social means or reduced in its manifestation. At the moment, Russian education, which forms a certain degree of tolerance towards children with disabilities, has a humanistic orientation. Networks of medical and rehabilitation institutions, boarding schools, centers for social assistance to families and disabled children, and sports and adaptive schools for the disabled are being created. And yet, this problem remains relevant. A significant proportion of children with developmental disabilities, despite the efforts made by society to educate and educate them, upon becoming adults, are not prepared for integration into socio-economic life. At the same time, research results and practice indicate that any person with a developmental defect can, under appropriate conditions, become a full-fledged person, develop spiritually, provide for himself financially and be useful to society.

The next category of children who find themselves in difficult life situations are children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters (children in extreme situations) - these are children in need of care and help. They must be given the opportunity to study, including religious and moral education, in accordance with the wishes of their parents or, in the absence of parents, of those persons responsible for their care. All necessary measures must be taken to facilitate the reunification of temporarily separated families. Children under fifteen years of age are not subject to recruitment into armed forces or groups and are not allowed to take part in hostilities; The special protection provided for children under fifteen years of age continues to apply to them if they take a direct part in hostilities and are captured. If necessary, and where possible with the consent of their parents or persons primarily responsible for their care, arrangements shall be made for the temporary evacuation of children from the area of ​​hostilities to a safer area within the country, while ensuring that they are accompanied by persons responsible for their safety. and well-being.

Changes in the general geopolitical picture of the world, aggravation of environmental, demographic and social problems, all this causes the emergence of such a category of children who find themselves in difficult life situations, such as children from families of refugees and internally displaced persons. Article 1 of the Federal Law “On Refugees” gives the following definition: “a refugee is a person who is not a citizen of the Russian Federation and who, due to a well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or of political opinion is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.” From Article 1 of the Law of the Russian Federation “On Forced Migrants”, “a forced migrant is a citizen of the Russian Federation who left his place of residence as a result of violence or persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language." Citizens of the Russian Federation who left their place of residence due to persecution on the basis of belonging to a particular social group or political beliefs are also recognized as forced migrants. The significance of the problems of families of refugees and forced migrants in modern Russian society is actualized in the most diverse aspects of an individual’s life in the system of personal-environmental relations. It is known that during forced migration, a person’s social adaptation is seriously disrupted: from one natural and social environment he moves to another, painfully breaking many natural and anthropological connections and artificially creating such connections in a new place. As a result, refugee children often suffer mental trauma from witnessing the murder or death of their parents and loved ones. As psychologists testify, traumatic events leave a deep mark in the child’s psyche, which remains in his memory for a long time. All children who have experienced psychological shock suffer from its consequences. In addition to many physical and mental disorders, they also experience disturbances in cognition and social behavior. The severity of the violations and their manifestations is usually associated with the severity of the violence, the presence or absence of physical injuries on the child himself, as well as the loss or preservation of family support.

Children are the most suggestible and driven, unlike adults, and often become victims in various situations. They may be victims of domestic or school violence, or become victims of violence on the street.

M.D. Asanova identifies four main types of violence against children: physical violence, this is a type of attitude towards a child when he is deliberately placed in a physically vulnerable position, when he is deliberately caused bodily harm or does not prevent the possibility of it being caused; sexual violence is the involvement of functionally immature children and adolescents in sexual acts that they commit without fully understanding them, to which they are unable to consent, or that violate social taboos of family roles; Psychological violence is an act committed against a child that inhibits or harms the development of his potential abilities. Psychological violence includes such chronic aspects of behavior as humiliation, insult, bullying and ridicule of the child; Neglect is the chronic failure of a parent or caregiver to provide the basic needs of a minor child for food, clothing, shelter, medical care, education, protection and supervision. In case of physical neglect, a child may be left without the necessary nutrition appropriate for his age and may be dressed inappropriately for the weather. With emotional abandonment, parents are indifferent to the needs of the child, ignore him, and there is no tactile contact. Neglect can manifest itself in the neglect of the child’s health and the lack of necessary treatment. Neglect of a child's education can be expressed in the fact that the child is often late for school, skips classes, is left to look after younger children, and so on. The overall goal in working with children who have experienced violence is to reduce and eliminate traumatic experiences, overcome feelings of inferiority, guilt and shame. When working with a child, it is important to support his ability to differentiate interactions with people around him and promote his personal development.

Recently, the increase in juvenile delinquency has been constantly emphasized, the increasing cruelty and sophistication of what teenagers have done, and a significant rejuvenation of crime have been noted. One of the measures used to punish a child for committing a crime is deprivation of his freedom. Children sentenced by a court to imprisonment are sent to educational colonies for correction and re-education. However, according to statistics, many of those who have served their sentences commit crimes again. All minors serving a sentence of imprisonment in educational colonies also represent the category of children who find themselves in a difficult life situation. Adaptation is one of the important aspects that arise when a child is deprived of his freedom. In the conditions of an educational colony, the concept of adaptation should be considered from a broad perspective. Since the essence of the problem will depend on the conditions of serving the sentence: strict, ordinary, light or preferential, since when moving from one conditions to others, even within the same colony, the social environment, daily routine, work and educational activities, and assessment of prospects change , aspirations of the pupil. Almost every convicted teenager experiences, to one degree or another, emotional tension, dissatisfaction with the life situation, a reduced emotional background, as well as some kind of disorder. When a teenager ends up in a correctional colony, he learns what the daily routine and rules of behavior are. This is why sleep disorders, lethargy, passivity, and fatigue are possible. A large place in the general anxiety of a teenager is occupied by all kinds of fears, a feeling of an incomprehensible threat, and associated self-doubt. The main goal of social and pedagogical support is to help a child adapt to an educational colony, and its end result is a successful entry into the team, the emergence of a sense of confidence in relationships with team members, and satisfaction with one’s position in this system of relationships.

Thus, from all of the above, we understand that the problem of children who find themselves in difficult life situations is quite acute at the moment. Therefore, there is a need for a special attitude towards such children, that is, the need for social and pedagogical support. Depending on the reasons for the child’s difficult life situation and his socio-pedagogical characteristics, there is a need to choose an individual work technology. Today, there is a lot of research aimed at approaching as effectively as possible the compilation and application of technologies for social and pedagogical support for children who find themselves in difficult life situations.

• Production equipment
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Children in difficult life situations

At the same time, it is obvious that raising such a child requires exorbitant efforts from a woman left alone. Characteristics of families with disabled children:

• low income: caring for a sick child requires, in addition to large material costs, a large amount of personal time, so many have to give up high-paying jobs in favor of work with a more flexible schedule and convenient location;
• isolation from society: difficulty visiting entertainment places and events due to insufficient readiness of society to accept children with disabilities and poor technical support for the needs of people with disabilities;
• difficulties in obtaining education and profession.

To carry out educational and professional activities, special children need special conditions.

Children in difficult life situations

In the future, such children experience difficulties in communication, their overall development is hampered, and their academic performance and interest in life decrease. Children in extreme conditions need qualified help from psychologists in overcoming post-traumatic stress disorder.
4. Children who have been subjected to violence, including in the family A child who is abused lives with deep trauma from an early age. The child, as a rule, carefully hides the cause of the injury from others; the pain from the injury can torment him for the rest of his life.
Types of violence:

• physical violence, when a child is beaten, and there may be traces of beating on the body, or they are not fed,
• sexual violence,
• psychological violence, when a child is humiliated, isolated, lied to and threatened.

The concept of “difficult life situation.”

The worst thing that can happen to a little person is violence against him in the family, when it seems to him that no one will ever protect him, there is no one to complain to. After all, the tormentors are his closest people, his parents, who for personal reasons became alcoholics, drug addicts, religious fanatics, or are mentally ill people.

An anonymous helpline plays a big role in such situations, where children can call without fear of exposure. Everyone can and should report situations of domestic violence that we witness: relatives, neighbors, school psychologists and teachers.

5. Children serving a sentence of imprisonment in educational colonies; children in special educational institutions As a rule, such children are characterized by a desire for deviations in behavior, or deviant behavior, i.e.

Children in difficult life situations are:

Important

Children without parental care The number of orphans is increasing in direct proportion to the decline in socio-economic well-being in the country. Children are left without parental care for a number of reasons.

Most often this is deprivation of parental rights. Reasons for deprivation of parental rights:

• failure to fulfill parental responsibilities or abuse of them,
• presence of domestic violence,
• presence of chronic drug addiction or alcoholism in the family,
• commission by a parent of a crime against the life and health of his child or spouse.

Thus, children can be left without parental care and end up in an orphanage if staying in a family becomes dangerous for their lives. The primary task of society is the early identification of families that are at risk, assistance to such families and their support, and the desire to preserve the blood family for the child.

Features of working with children in difficult life situations

It is necessary to highlight certain styles of family relationships leading to the formation of antisocial behavior of minors: - a disharmonious style of educational and intra-family relationships, combining, on the one hand, indulgence of the child’s wishes, overprotection, and on the other, provoking the child into conflict situations; or characterized by the establishment of a double morality in the family: for the family there are some rules of behavior, for society - completely different ones; - unstable, conflicting style of educational influences in single-parent families, in situations of divorce, long-term separation of children and parents; - an antisocial style of relationships in a disorganized family with systematic use of alcohol, drugs, an immoral lifestyle, criminal behavior of parents, manifestations of unmotivated “family cruelty” and violence.

Concepts and essence of a difficult life situation

Traditionally, the main criterion for classifying a child as “difficult” is, in the vast majority of cases, poor academic performance and lack of discipline. This is a consequence of the difficult situation for the child in which he finds himself in the school community from the very beginning of his studies.

Attention

The main thing here is the internal experiences of the child himself, his personal attitude towards the teacher, the classmates around him, and himself. A child becomes “difficult” when there is a coincidence, the imposition of negative external influences, failures at school and pedagogical mistakes of teachers, the negative influence of family life and intra-family relationships.

In other words, the child falls out of the sphere of education at many levels at once and is in the zone of active negative influences.

Dubna Department of Social Protection of the Population

A difficult childhood is not always the worst. A bad childhood is a homeless, unkind childhood, in which the child is lost, like an unnecessary thing. A “difficult” child is one who finds it difficult. This is how you need to understand what is happening to him. It is “difficult” not only for adults, but first of all for yourself. A “difficult” child is a suffering one, rushing about in search of warmth and affection. Destitute and almost doomed. He feels it. All “difficult” children, as a rule, did not have a friendly, caring environment either in the family or at school.

At first, difficulties with adaptation, lack of abilities, and then a reluctance to learn led these children to disorganization and violations of discipline. It is difficult for the child himself. This is his unsatisfied need to be like everyone else, to be loved, desired, caressed.

The fact that these children are rejected at home and in the classroom further alienates them from other children.

Children in difficult life situations

Consequences of violence:

• Children develop anxiety and various fears,
• children may be subject to feelings of guilt, shame,
• children do not know how to navigate their feelings and emotions,
• In adulthood, children often face a number of difficulties when creating their own family.

The main role in helping child victims of violence is played by early identification of this difficult situation. We need to be more attentive to the children around us in order to notice that the child may be depressed or upset.
First of all, this applies to the child’s parents. It is extremely important for parents to be in close contact with their children. It is very useful to discuss with your child what he does outside the home, with whom he communicates, and it is important to maintain a trusting relationship so that he does not hesitate to tell at home if someone behaves with him differently than is customary in his family.

Children in difficult life situations

Causes of difficult life situations in children One of the main reasons for the emergence of the category “children in difficult life situations” is family dysfunction, namely:

• drug addiction or alcoholism in the family;
• low material security, poverty;
• conflicts between parents and relatives;
• child abuse, domestic violence.

Causes of family dysfunction

1. Reproduction of patterns of interaction and behavior adopted in the parental family.
2. A fatal combination of life circumstances, as a result of which the entire structure and conditions of existence of the family change. For example, sudden death, disability of one of the family members.
3. Changes in the surrounding world, entailing changes in each family system.

   For example, economic crisis, wars, etc.

Children in difficult life situations 1.

Article 15. Protection of the rights of children in difficult life situations

1. Protection of the rights of children in difficult life situations is carried out in various ways. The concept of “children in difficult life situations” is contained in Art. 1.

The responsibilities of state authorities regarding the protection of children in difficult life situations are distributed depending on whether the child is fully supported by the state in a federal state educational institution or not.

If a child is kept and is studying in a federal state educational institution, then his protection is carried out by state authorities of the Russian Federation in accordance with the legislation of the Russian Federation.

Federal state educational institutions include:

educational institutions where orphans and children left without parental care are kept (trained and/or raised) (boarding schools for orphans and children left without parental care with developmental disabilities, general education boarding schools, special (correctional) boarding schools, sanatorium boarding schools);

social service institutions (orphanages, boarding schools for disabled children with mental retardation and physical disabilities, social rehabilitation centers for children without parental care, social shelters);

healthcare institutions (orphanages);

other similar institutions.

The state, at its own expense, fully provides for the maintenance of children in the institutions listed above, incl. provides them with food, clothing and shoes, books and toys, gives them upbringing and education.

Guarantees for orphans and children left without parental care for the provision of housing, for obtaining a decent level of education, for career guidance and job selection are provided on the basis of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support of children -orphans and children left without parental care." For example, Art. 7 of the commented Law guarantees orphans and children without parental care, as well as persons from among orphans and children without parental care, the provision of free medical care and surgical treatment in state and municipal medical institutions, incl. h. carrying out clinical examination, health improvement, regular medical examinations.

If the appropriate level of guarantees established by law is not provided to the child, then in his interests one of the parents, or persons replacing them, a prosecutor, or persons carrying out measures for education, upbringing, development, health protection, social protection and child social services.

By Decree of the President of the Russian Federation of March 26, 2008 N 404 “On the creation of a Fund for Supporting Children in Difficult Life Situations,” a Fund for Supporting Children in Difficult Life Situations was established. The founder of the fund is the Ministry of Health and Social Development of the Russian Federation, and its property is formed from the federal budget, voluntary property contributions and donations. The chairman and members of the fund's board are appointed by the Government of the Russian Federation. The creation of the Fund was caused by the need to really promote the implementation of state family policy, support the institution of family and protect the interests of children. The main goal of its activities is to stimulate social programs to support children and families who find themselves in difficult life situations. It implements training programs for specialists from children's institutions, including social shelters and educational colonies, and finances high-tech treatment programs for orphans and children without parental care.

The protection of all other children in difficult life situations is carried out by state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the constituent entities of the Russian Federation.

So, for example, in accordance with Art. 27 Law of the Sverdlovsk Region of October 23, 1995 N 28-OZ “On the Protection of the Rights of the Child” children from families of refugees and internally displaced persons, children who find themselves in extreme conditions, are under the protection of the state. Registration of refugee children and forced migrants to provide them with social and legal protection is carried out by the regional migration service in accordance with current legislation. Refugee and displaced children who have not lost their families are provided with social support. At their place of actual residence, they are provided with a place in an educational organization, free provision of educational supplies, free treatment in medical organizations and at home.

2. All children, without exception, may need judicial protection. Judicial protection is required in situations where there has been or is a violation of the rights of the child. The state guarantees such protection.

A child who is in a difficult life situation can turn for help not only to his parents (guardians, trustees). The right to represent the interests of the child is granted to employees of the prosecutor's office, educational, medical institutions, institutions for social protection and social services for the child. The rights of the child can also be defended by the Commissioner for Children’s Rights under the President of the Russian Federation or the Commissioner for Children’s Rights in the relevant constituent entity of the Russian Federation.

Thus, a medical institution, during a stay in which a child got into a fight with other patients and suffered harm to health, can appeal to the court to protect the interests of the injured child or to the prosecutor's office, which will represent the interests of the child in court. For more information about the child’s right to judicial protection, see Art. 23 of the commented Law and commentary to it.

Judicial protection of children's rights is carried out in the manner established by procedural legislation. Legal representatives of children, guardians (trustees), guardianship and trusteeship authorities and the prosecutor can apply as plaintiffs for the protection of their rights. Legal representatives of minors in accordance with paragraph 1 of Art. 52 of the Code of Civil Procedure of the Russian Federation may be parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law. The rights and interests of orphans and children left without parental care are protected by guardianship and trusteeship authorities.

The guardianship and trusteeship authority has the right to assume the functions of guardianship or trusteeship in relation to a child if a child in need of guardianship (trusteeship) is not appointed a guardian (trustee) within one month. A specialized institution - a shelter, a rehabilitation center, in which a child can be temporarily placed while the issue of choosing the form of his permanent placement is being decided, cannot perform the functions of a legal representative, incl. go to court to protect the interests of the child. The rights and obligations of the guardian (trustee) remain only with the guardianship and trusteeship authorities.*(44)

The prosecutor, in the manner prescribed by Art. 45 of the Code of Civil Procedure of the Russian Federation, has the right to apply to the court in defense of the rights, freedoms and legitimate interests of a citizen if the child or his legal representatives cannot go to court themselves. Regardless of whether the child or his legal representatives can independently go to court, the prosecutor has the right to apply to the court with a statement, the basis of which is the appeal of citizens to him for the protection of violated or disputed social rights, freedoms and legitimate interests in the field of:

labor (official) relations and other directly related relations;

protection of family, motherhood, paternity and childhood;

social protection, including social security;

ensuring the right to housing in state and municipal housing stocks;

health protection, including medical care;

ensuring the right to a favorable environment;

education.

An orphan or a child left without parental care can independently defend his rights upon reaching 18 years of age. For example, if such a child was not provided with housing after the end of his stay on full state support in a child care institution, then he has the right to either seek protection from a prosecutor or independently defend his right to housing in court by filing a claim with the relevant government authorities for provision housing.

3. Activities to protect the rights of children in difficult life situations are carried out by public associations (organizations) and other non-profit organizations, incl. international associations (organizations) represented by branches in the Russian Federation.

For example, the Center for Curative Pedagogy, operating in Moscow as a public organization since 1989, provides effective rehabilitation and educational assistance to children with severe developmental disorders. The center provides personnel training for specialists from children's institutions, government and non-government organizations, participates in the development of an integrative education system for children with disabilities, and provides psychological assistance to families with children with developmental disabilities. The center organizes comprehensive information and legal support for parents (up to consideration of issues in court), aimed at realizing the rights of disabled children to education and rehabilitation.

Since 2005, the Center’s specialists have repeatedly participated in litigation to protect children’s rights to develop an individual development program and pay compensation to parents who paid for rehabilitation measures included in the individual development program in non-governmental organizations. Thus, the organization has repeatedly defended the right of disabled children to rehabilitation.

In protecting the rights to education, the Center managed to resolve many issues out of court. After lengthy correspondence with educational institutions and educational authorities, parents began to receive a fixed compensation in the amount of costs per child in an educational institution in the event of choosing a family form of education for their child with severe developmental disabilities. *(45)

The tax legislation of the Russian Federation provides a number of benefits for organizations engaged in activities to protect the rights of children in difficult life situations. The Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation dated September 18, 2009 N 03-05-04-02/72 states that, by virtue of clause 3 of Art. 381 and paragraph 5 of Art. 395 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), the following organizations of disabled people are exempt from paying corporate property tax and land tax at the federal level:

1) all-Russian public organizations of disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to property and land plots used to carry out their statutory activities;

2) organizations whose authorized capital consists entirely of contributions from the specified all-Russian public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, - in relation to property and land plots used for the production and (or) sale of goods (except for excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services);

3) institutions whose sole owners of property are the specified all-Russian public organizations of disabled people - in relation to property and land plots used by them to achieve educational, cultural, medical, health, physical education, sports, scientific, information and other goals of social protection and rehabilitation of disabled people , as well as to provide legal and other assistance to people with disabilities, disabled children and their parents.

4. When regulating judicial and some extrajudicial procedures related to the participation of children and the protection of their rights and legitimate interests, it is mandatory to take into account the child’s opinion. Of course, the child must reach an age from which he is able to express his opinion in a form understandable to everyone around him. As a rule, the opinion of a child who has reached the age of 10 is taken into account. on any issue concerning him (Article 57 of the RF IC). it must also be taken into account by the guardianship and trusteeship authority.

The UN Convention on the Rights of the Child contains a provision on the right of the child to express his opinion when resolving any issue affecting his interests, incl. be heard in any judicial or administrative proceedings affecting his interests.

According to the law, the child’s opinion is taken into account when:

parents’ choice of educational institution, form of education (clause 2 of article 63 of the RF IC);

resolution by parents of issues related to family upbringing of children, their education (clause 2 of article 65 of the RF IC);

resolution by the court of a dispute about the place of residence of children when parents live separately (clause 3 of article 65 of the RF IC);

consideration of the claim of the child’s relatives to remove obstacles to communication with him (clause 3 of Article 67 of the RF IC);

consideration of the parents' claim for the return of their children (clause 1 of Article 68 of the RF IC);

refusal of a claim for restoration of parental rights (clause 4 of Article 72 of the RF IC);

refusal to satisfy the claim to cancel the restriction of parental rights in court (clause 2 of article 76 of the RF IC);

consideration of cases challenging records of paternity (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”).

Taking into account the child’s opinion means that his opinion is necessarily heard and taken into account when making decisions. Parents, as a rule, decide all issues related to the upbringing and education of children by mutual consent, based on the interests and taking into account the opinions of the children.

In accordance with Art. 157 of the Code of Civil Procedure of the Russian Federation, the court when considering cases, incl. concerning the fate of children, is obliged to directly examine the evidence in the case, including:

listen to explanations of the parties and third parties, testimony of witnesses, conclusions of the guardianship and trusteeship authority, consultations and explanations of specialists;

review written evidence;

examine physical evidence;

listen to audio recordings and watch video recordings.

When deciding which parent the child will live with after the divorce and how often he will communicate with the other parent, the court is obliged to take into account the opinion of the child who has reached the age of 10 (Clause 2 of Article 24 of the RF IC). In case of disagreement with the child’s opinion, the court is obliged to substantiate the reasons why it considered it necessary not to follow the child’s wishes.

The opinion of a child left without parental care is taken into account by the guardianship and trusteeship authority in cases of appointing a guardian or trustee, transferring him to a foster family, for adoption, or terminating guardianship, trusteeship and transferring the child to a children's institution.

5. If law enforcement procedures are carried out in relation to a child, then the mandatory conditions for making final decisions or taking actions in relation to the child are ensuring the priority of the personal and social well-being of the child, taking into account his interests, age and social status of the child.

The concept of “taking into account the best interests of the child” is contained in principle 2 of the Universal Declaration of Human Rights of 1948, according to which the child should be provided by law and other means with special protection and with opportunities and favorable conditions that would enable him to develop physically, mentally, morally, spiritually and in a socially healthy and normal way and in conditions of freedom and dignity. In making laws for this purpose, the best interests of the child must be the primary consideration. In addition, Principle 7 of the Declaration enshrines the best interests of the child as the guiding principle for parents and others responsible for a child's education and learning.

The UN Convention on the Rights of the Child uses the concept of “best interests of the child”. According to this Convention:

Parents or, where appropriate, legal guardians have primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern (Article 18);

a child who is temporarily or permanently deprived of his family environment or who, in his own best interests, cannot remain in such an environment, has the right to special protection and assistance provided by the State (Article 20).

In national law, incl. In the commented article, the concept of “best interests of the child” was transformed into two more specific separate concepts - “ensuring the priority of the personal and social well-being of the child” and “the interests of the child.”

Family law contains many rules that indicate to the court, guardianship and trusteeship authorities, other bodies and interested parties the need to take into account the interests of the child when deciding issues concerning his fate, for example:

1) in the interests of the child himself and taking into account the priority of his personal and social well-being, in the case of a child being transferred for adoption, the secrecy of adoption is protected by law;

2) in the interests of the child, the court may deviate from the general rule that it is impossible for persons whose housing does not meet sanitary and technical standards to become adoptive parents, and still transfer the child to a person who, based on his personal qualities, is suitable for the role of an adoptive parent and is able to care for the child. The responsibility for establishing compliance with the interests of the child rests with the guardianship and trusteeship authority, which prepares a conclusion on the validity of adoption and submits it in court (clause 2 of Article 125 of the RF IC);

3) in order to protect the rights and legitimate interests of the adopted child, the guardianship and trusteeship authority at the place of residence of the adopted child exercises control over the conditions of his life and upbringing. Control examinations are carried out during the first three years, and if necessary, periodic examinations can be carried out until the child reaches 18 years of age;

4) permission to change the surname or first name of a child is given by the guardianship and trusteeship authorities only based on the interests of the child (Article 59 of the RF IC);

5) the court may refuse a claim to invalidate a marriage concluded with a person under marriageable age if this is required by the interests of the minor spouse (Article 29 of the RF IC);

6) by virtue of their position, parents have the right to demand the return of the child from any person who is not keeping him on the basis of the law or on the basis of a court decision. When considering these claims, the court is not bound by the rights of the parents and may refuse to satisfy their claim if it comes to the conclusion that the transfer of the child to the parents does not meet the interests of the child (Clause 1 of Article 68 of the RF IC).

6. Part 4 of the commented article defines the protection of children’s rights when regulating extrajudicial procedures related to the participation of children and (or) the protection of their rights and legitimate interests, as well as when making decisions on punishments that can be applied to minors who have committed offenses.

The juvenile justice system is aimed primarily at ensuring the well-being of the juvenile and ensuring that any measures taken against juvenile offenders are always commensurate with both the personality of the offender and the circumstances of the offense.

Therefore, court decisions regarding minors should be made only after a complete study of all materials in the case, incl. properties of the child’s personality, his age and social status, with the imposition of punishments that can be applied to minors, and not in conflict with the generally accepted principles and norms of international law, the norms provided for by international treaties of the Russian Federation.

So, for example, in Art. 431 of the Code of Criminal Procedure of the Russian Federation, the legislator provides for minors the possibility of replacing criminal prosecution with the use of compulsory educational measures. Compulsory educational measures may be prescribed if, during the preliminary investigation of a criminal case for a crime of minor or medium gravity, it is established that the correction of a minor accused can be achieved without the use of punishment. At the same time, when making a final decision, the court evaluates the behavior of the accused during the preliminary investigation (compliance with the chosen preventive measure, his appearance when summoned to the preliminary investigation authorities), as well as his readiness to make amends for the harm caused.

Typically, criminal cases involving minors end up in ordinary courts of general jurisdiction. However, in some regions, juvenile courts were created as an experiment. It is perhaps too early to judge the results of their work. The main principle of juvenile justice is that children cannot be tried as adults. There are no bars in the courtrooms, the judge calls teenagers exclusively by name, avoiding the address "defendant", strangers are not allowed into the courtroom, while the defendant, lawyer, prosecutor and victim sit at the same pentagonal table. * (46) Most often, teenagers are sentenced to juvenile charges courts to suspended sentences, correctional labor and forced education in a closed special school. In addition, courts often make private representations to the employment center, the commission for minors, and social security services, i.e. those authorities that can help the child further resolve the difficulties that prompted him to commit a crime.

In general, juvenile justice leads to a decrease in the growth of juvenile crime, incl. reducing recidivism, as it allows for more careful consideration of the individual characteristics of children.

Despite the efforts made, the Russian justice system is largely imperfect and does not comply with the provisions of the UN Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”), approved by UN General Assembly resolution 40/33 on November 29, 1985. In particular, 8.2. These rules indicate that, in principle, no information should be published that could lead to an indication of the identity of a juvenile offender. However, the Criminal Code of the Russian Federation does not contain any restrictions regarding the publication of information about minors, and during the preliminary investigation such information may well be freely disclosed at the discretion of the investigator or prosecutor.

Unfortunately, Russia has not borrowed the positive experience of Western countries in implementing special programs to support the reconciliation of a minor offender and a victim, or organizing public supervision of a minor released from punishment.*(47)