The app 2
K the resolution mayor's office
from "__" _________ 2020 №__
Position on the Commission on minors and protection of their rights in the Governor's office Fedorovsky district
Generalities
1. Commission for underage Affairs and protecting them rights under the mayor's office Fedorovsky the district is constantly current collegial the body that ensures coordination activities government agencies bodies and institutions in the field of prevention violations, neglect and homelessness among minors, protecting their rights and legitimate ones interests.
2. A Commission is formed under the mayor's office Fedorovsky the district.
3. personal Account the composition is being approved Fyodorovsky district maslikhat.
4. A Commission is formed in the structure the Chairman, Deputy the Chairman, members of the Commission and responsible Secretary. Chairman and responsible Secretary they are occupied by full-time employees positions in the office of the mayor Fedorovsky the district.
5. As a member of the Commission includes representatives internal Affairs bodies Affairs, education, culture, healthcare, internal policy, body for questions employment, guardianship and trusteeship, public services and other organizations interested parties in prevention violations, neglect and homelessness among minors.
6. The Commission performs its activities based on Constitutionals Commonwealths Kazakhstan, laws of the Republic Kazakhstan "About rights of the child", "About prevention violations of the law among minors and a warning child neglect and homelessness", the real one Terms and conditions other regulatory requirements legal acts Republic of Moldova Kazakhstan.
7. Commission in its activities controlled and accountable district akimat, as well as a higher one Commissions for underage Affairs. Formation procedure and organization activities The Commission fee is determined by by law Republic of Moldova Kazakhstan.
Main features functions of the Commission
8. The main ones functions commissions for mayor's office of the district they are:
1) assistance minors in implementation and protecting them rights and legitimate interests interests;
2) regular informing users interested parties departments about state works on prevention violations, neglect, homelessness and anti-social ones actions minors, as well as about the identified facts of violation rights and legitimate interests interests minors;
3) the organization identification and social rehabilitation minors located in the position representing danger to their life and health, finding parents or other legal representatives not fulfill their responsibilities on education, learning content minors protection of life and health, and also negatively affect the normal physical and moral development minors or cruel turn with them;
4) consideration complaints and applications minors, their parents or other legal entities representatives and other persons, related to violation or a restriction rights and legitimate interests interests minors;
5) contacting the installed request to the court for the protection of rights and legitimate ones interests minors;
6) introduction to the guardianship agencies and guardianship offers about support minors, those in need state assistance and current ones in a difficult life situation situations;
7) taking action software requirements protection of minors from the physical device and mental health violence, all of them forms of discrimination, sexual orientation and other exploitation, as well as from engagement minors in the future anti-social issues actions;
8) consideration materials according to the facts socially dangerous acts, containing signs crimes, perfect minors, before reaching age, with which is coming criminal procedure responsibility;
9) direction in the appropriate state bodies education and training children, prevention crimes offenses and neglect minors as well as other bodies and organizations independently from their legal forms of information on the need conduct individual preventive work with minors:
released from educational institutions colonies;
returned users from special offers organizations educational institutions, organizations educational institutions with a special mode contents;
involved go to administration responsibility;
with others in need assistance and monitoring from the side organizations educational institutions;
10) direction to institutions health care materials in relation to minors, users alcoholic beverages, narcotic drugs funds, psychotropic drugs or intoxicants substances used for carrying out with consent parents appropriate therapeutic and preventive measures and rehabilitation services measures;
11) consideration views administration organizations educational institutions about the long-term plan non-attendance minors school district age limit General education institutions educational institutions;
12) taking action impacts to minors and their parents or otherwise legal representatives in cases and in accordance with the procedure provided for legislative requirements acts of the Republic Kazakhstan and present Position;
13) training together with administration special organization education organization education with a special regime content submission in court on issues related early termination stay minors in these institutions and, related extension period of stay in them in case of commit they act containing the elements of a crime or willful administrative offences or transfer in other special organization education organization education with a special regime content at the request minors or his legal representatives representatives;
14) participation in court proceedings meeting in quality representative rights of minors by review views administration institutions, executing agent punishment, about on parole release a minor a convicted person from serving punishments or about replacing it not deleted parts of the punishment more gentle type of punishment;
15) visit to installed by law Republic of Moldova Kazakhstan order organizations education and culture centers for temporary isolation, adaptation and rehabilitation minors educational colonies for minors special organizations education organizations education with a special regime content and special organizations education located on the relevant territories for the purpose of examination of education, training, maintenance, health and compliance the rights and legitimate interests minors in them. In the case identify violations of the rights and legitimate ones interests minors, as well as conditions content, training and education adds a view about their elimination;
16) studying the state educational, legal, educational program and Wellness working with minors in organizations educational institutions independently from their forms ownership.
Measures, applicable the Commission fee for mayor's office of Fedorovsky district
9. Measures taken by the Commission for to the device minors:
1) together with other organs responsible for the education and training, prevention crimes offenses and neglect minors identifies teenagers located in the position threat to their life and health, in difficult life a situation, long time out organization education in need in state aid, leads their personal accounting, takes decision device these minors and controls execution the decisions taken;
2) directs the decision device minors to the education authorities, internal Affairs, health, Commissioner authority employment in turn, are required within two weeks the deadline to inform the Commission of taken measures;
3) in cases where return at the same place of residence minors retired from special organization education organization education with a special regime content or vacated of educational colonies impossible or desirable in the absence parents or other legal representatives deprivation parents parent rights and other reasons able negative affect behavior minors the Commission adopts measures on the device minors in the organization education or employment, given its interests, and it also provides help for creating a new account for him housing and utilities conditions. Commission fee considers question during ten days from the date of submission written applications a minor and motivated conclusions administration appropriate institutions. If necessary special Commission applies in the appropriate guardianship authority and guardianship to set up an account over a minor custody or guardianship of children.
10. Impact measures, applicable Commission to minors.
When considering court cases on administrative offences minors or public dangerous acts containing the elements of a crime to achieve age which comes criminal responsibility the Commission peculiarities age, condition life and education, the level of mental development, other features personality, social terms and behavior minors the role and influence adults and also motives the nature and the severity they misconduct in addition to measures provided administrative legislation may apply before the court about the destination a minor in special cases organizations educational institutions, organizations educational institutions with a special mode content.
11. Impact measures, applicable Commission to parents or otherwise legal representatives minors.
K parents or otherwise legal representatives minors, non-performing users their responsibilities by education and training children or negative affecting the their normal physical location and moral development, Commission can apply the following measures are taken impacts:
apply before the court about recovery caused by to a minor material damage;
when direct the threat of life and health minors contact in the guardianship and guardianship a petition immediate removal minors parents or other legal representatives care which he is and also to dismiss guardian or Trustee from the performance their responsibilities on termination Treaty the transfer of the child the education or cancellation in court the adoption procedure (adoption) a child;
apply to the court with an application about the restriction or about deprivation parent groups rights, or application to them other measures, provided for by law Republic of Moldova Kazakhstan.
Order reviews materials Commission fee
12. Review Commission fee materials in relation to a minor, his parents or other legal entities representatives is being implemented:
by application form a minor, his parents or other legal entities representatives;
under own initiative;
by information citizens;
by views organizations educational institutions, as well as on requests other bodies and organizations independently from their business structure forms;
by materials internal Affairs bodies cases or the Prosecutor's office in relation to a minor, who committed it socially a dangerous act before reaching age, with which is coming criminal procedure responsibility.
Commission fee considers materials in the attitude a minor, his parents or other legal entities representatives I'm fine, installed legislative requirements acts of the Republic Kazakhstan and present Position.
13. Preparation meetings commissions.
In for security purposes timely delivery and correct reviews materials, received data for consideration commissions, they are pre-installed are being studied Chairman commissions or on his behalf Deputy Chairman commissions.
In process preliminary studying incoming messages for consideration material commissions it defines:
applies whether consideration is given data of materials within its competence;
a circle persons subject to call or invitation to the meeting Commission fees;
necessity carrying out additional information verifications circumstances, that matter for correct use and timely reviews materials, as well as claims additional features materials.
By results preliminary study materials the Commission can accept the following solutions:
assign materials to review and notify about the date and place meetings Commission fees a minor, his parents or other legal entities representatives, other persons whose property participation in the meeting it will be recognized mandatory;
hold checking information, contents in the received ones materials, or charge its implementation appropriate specialists;
consider application form a minor, his parents or other legal entities representatives essentially issues to be considered review at the meeting Commission fees;
accept security measures appearance of a minor to the meeting commissions, provided for clause 14 of this agreement Positions.
Minor, his parents or other legal documents representatives, the lawyer has right to review with materials, prepared Commission to review, before it starts meetings. The right of the specified in the present transfer of persons to the introduction with materials explained they are on the agenda about the call to session commissions.
Received Commission fee materials they must be considered within fifteen minutes days from the date of their registration receipts to the Commission.
14. Software attendance of participating persons in the session commissions.
When availability of grounds assume that minor will evade from presence to the meeting commissions, responsibility for providing security turnouts are assigned Commission on parents or other legal entities representatives, or the administration organizations educational institutions, where is it located on education, which give written documents obligations for this purpose to the question.
When no-show without respectful ones reasons for the meeting commissions from notifications legal ones representatives minors produced drive:
minors, committed crimes socially dangerous acts.
In when minors not reached age, with which is coming responsibility for making a payment socially dangerous acts, the drive is subjected to their legal rights representatives.
15. Procedure of conducting meetings commissions.
Meetings commissions are carried out as needed, but not less than two once a month and they are as follows usually open. In order to ensure privacy policy information about a minor, his parents or other legal entities representatives Commission from taking into account the nature considered materials maybe on request participating persons in business, accept motivated resolution about conducting the event closed meetings.
When if necessary the Commission can conduct field meetings at the place of study, work or residence persons whose cases are being reviewed they are considered by it.
Session authorized by the Commission, if on it present at least half of the total number members of the Commission. Chairman of the Board at the meeting Commission it Chairman or on its own to an order Deputy Chairman commissions.
Materials in relation to a minor Commission fee considers only in the presence of the minor himself and his parents or other legal entities representatives.
By at the request of a minor to participate in the the Commission's work allowed his lawyer.
Notification Prosecutor's office date, place and time of the event meetings commissions are required.
When review materials in relation to a minor, who committed it socially a dangerous act before reaching age, with which is coming criminal procedure responsibility, to the meeting invited the Prosecutor.
In start of the meeting Commission fees Chairman of the Board declares, what materials subject to change review, represents participating persons in the meeting. After that announced required documents, are being investigated received data materials, a also the circumstances, relevant information for acceptance reasonable decisions being considered petitions, they are being listened to presentations participating companies in the session persons.
Petition essentially consider materials can be stated minors his parents or other legal representatives lawyer specialists participating in consideration materials as well as those applied to the Commission performance in relation to minors and their legal representatives. Results reviews declared petitions entered in the minutes of the meeting commissions.
On research time at the meeting Commission fees circumstances, capable ones negative influence on a minor, the Commission has right to delete him out of the room meetings, about how it is done record in the Protocol meetings commissions.
16. Resolution commissions.
At results consideration materials in relation to minors his parents or other legal representatives as well as views organizations education and bodies responsible for prevention crimes offenses and neglect minors appeals other bodies and organizations independently from their legal forms, information citizens Commission takes a resolution outlining the decision:
about acceptance in installed order of measures by device a minor, provided for clause 9 of this agreement Positions;
about application impact measures, provided for items 10 and 11 of the present Positions;
about direction to the internal Affairs bodies information sharing about the upcoming event or perfect a crime.
Resolution the Commission fee is accepted by simple majority members ' votes commissions that participate in the meeting. If the votes were distributed equally, the voice the presiding officer at the meeting the Commission fee is crucial.
In the resolution commissions are specified:
name and personal the composition of the Commission;
date and the place of the meeting Commission fees;
information about the person in relation to which one considered materials;
circumstances, installed when considering materials;
evidence on the basis of which made the decision;
standard legal act, providing for responsibility for an offense either guaranteeing rights of a minor;
solution, action taken by the Commission;
offered administrative measures on rendering services social network assistance to a minor, bodies or persons to whom they are charged;
information about the explanation terms and procedure appeals this resolution.
Resolution Commission fees signed the presiding officer and her responsibility Secretary, announced at the meeting commissions and enters into force legal force after the expiration date due date for its appeal.
Resolution it is sent to the Commission for execution in the corresponding fields government agencies bodies and organizations independently from their business structure forms.
17. Presentation commissions.
If during the consideration of the materials will be revealed the causes and conditions, contributed commit crimes offences antisocial action and neglect minors as well as violation of the rights and legitimate interests minors the Commission shall submit in the state bodies, bodies local government and organizations independently from their legal form the corresponding view it's not the case.
Official duties bodies ' faces and organizations, specified in the present at this point, during the one month from the date of receipt views commissions are required to consider it and report it Commission about measures taken how to fix it violations of rights and legitimate ones interests minors.
Non-message about the accepted ones Troubleshooting steps reasons and conditions, contributing countries commit minors violations, entails responsibility, installed version administrative by law Republic of Moldova Kazakhstan.
18. Minutes of the meeting commissions.
On meeting Commission fees responsible person Secretary Commission leads Protocol, in where they should be be specified:
name and personal the composition of the Commission;
date and the place of the meeting Commission fees;
content considered materials;
last name, first and middle names persons with respect to which one considered materials, date and its place birth place his residence, as well as others information that matters value for reviews materials;
information about the attendance of participants in the session commissions of individuals and explanation their rights and responsibilities;
explanation participating companies in the session commissions of individuals;
documents and physical data evidence, investigated when considering materials;
declared values petitions and results their consideration;
information about disclosure at the meeting commissions for the accepted product regulations or views;
information about the explanation terms and procedure appeals accepted regulations or representations.
Protocol meetings Commission fees signed the presiding officer and her responsibility Secretary.
19. For research purposes Troubleshooting steps reasons and conditions, contributing factors commit minors crimes, violations, anti-social issues actions, and also neglect, the Commission will organize accounting and storage all those reviewed at meetings del, generalizes data of this accounting within the limits of its territorial structure accessories.
20. Appeal regulations or views commissions.
Resolution or view adopted by the Commission considered materials can be appealed a person in respect of it was taken his legal representatives attorney and also injured to a higher court or Commission.
Submission complaints to the specified email address term suspends execution appropriate regulations or representations.
Terms of delivery and the procedure for appeal regulations or views commissions to the court installed in accordance with with legislation Republic of Moldova Kazakhstan.
Resolution or a representation the Commission fee can be protested Prosecutor's office I'm fine, installed by law Republic of Moldova Kazakhstan.
Material and technical support software Commission fees
21. Material and technical support software activities commissions are charged on the device mayor of the district.