The dissertation is devoted to the research of theoretical and applied problems of the use of patronage as a form of placement of orphans and children, deprived of parental care. The dissertation developed the scientific and theoretical concept of modern understanding of the institution of patronage as a form of placement of orphans and children deprived of parental care.
In particular, this author's definition of patronage over children, his place is determined among other forms of placement of orphans and children deprived of parental care, the main functions of patronage over children are identified, the author's classification of the patronage is given, the notion, content and essential conditions of the contract on patronage over children are defined, revealed some problems in the legal regulation of the institution of patronage over children, as well as ways of their solution by introducing appropriate changes in the family law of Ukraine.
Patronage over a child is a contractual, paid, fixed-term arrangement of orphans and children deprived of parental care, carried out on a professional basis by a foster parent, as his personal occupation with the aim of educating, rehabilitating and caring for a child.
The following criteria for distinguishing patronage from other forms of placement of a child deprived of parental care such as adoption, care, foster family, family-type orphanage, temporary placement of orphans and children deprived of parental care to the family can be distinguished, actual tutor, mentoring: the period of implementation of a personal placement of a child, regulatory requirements to a person who carries out measures for the personal placement of a child, regulatory requirements to the quantitative composition, the need for consent of the parents or the legal representatives of the child, the criteria for the child, the authority of the person who carries out measures for the personal placement of the child, the grounds for the termination of the use of the placement of orphans and children deprived of parental care.
Patronage over a child is a prerequisite and an initial stage in the follow-up of child re-socialization. The cases of application of this form can include the following cases: periods of child withdrawal from parents, application to parents or other legal representatives of preventive measures in criminal proceedings, serving of certain types of criminal punishment, stay in the military service.
An agreement on patronage over a child is the agreement between the body of guardianship and care and foster parent with the mandatory condition for the demarcation of their rights and responsibilities for the protection of the interests of the child, which is arranged for a foster family for a specified period for remuneration in the form of monthly payments to foster parent; an agreement on patronage over a child is an independent civil law contract based on a non-material obligation, namely the obligation to care a child and ensure its normal physical existence; an agreement of patronage over the child is characterized by a number of features that are in common with other civil-law contracts, in particular, with the contract on the provision of services.
The foster parent as a party of the agreement on patronage over a child shall be subject to the same requirements as to other persons who are placed in the placement of an orphan child or a child deprived of parental care, as well as the same restrictions as provided for adopters, but this person must additionally undergo special training and medical examination. According to the dissertation, it is expedient to extend the requirements that apply to the foster parent, namely, to the existing requirements, it is necessary to add the requirement to live in the same area as the child (the same settlement, the same district of the city, and in the absence of patronage caregivers – in the nearest populated area, district of the city).
The parents (legal representatives) of the child are a party of the agreement on patronage over a child, in the case of establishing a patronage over the child with their consent: firstly, in connection with the normative definition of this issue, and secondly, due to the fact that in the case of the transfer of a child under patronage, the parents of the child retain all the rights and duties of the parents, but part of these rights for the short-term period is transferred to the foster parent, which however.
Keywords: patronage over a child; foster parent; orphan child; an agreement on patronage over a child; body of guardianship and care.
