In the first chapter, «The evolution of the institution of the foster family in domestic law and the regulation of relations of the placement of orphans and children deprived of parental care in a foster family», the historical aspects of the formation and development of this legal institution in domestic law were clarified. Six periods of the formation and development of the foster family institution as one of the new forms of placement of orphans and children deprived of parental care in domestic law were identified.
A contract on placement of orphans and children deprived of parental care in a foster family should be considered not only as a transaction, legal relationship or document, but as a regulator of personal non-property and property relations of foster parents and the authority that decided to create a foster family.
Attention is focused on the legal status of children in the settlement of relations regarding their placement in foster family
It is justified that it is inexpedient to fix the specific age of the child, which is associated with the need to take into account his/her opinion regarding placement in a foster family.
In the second chapter, «The legal characteristic of the contract on placement of orphans and children deprived of parental care in a foster family and the procedure for its conclusion», on the basis of characteristic of the contract on placement of orphans and children deprived of parental care in a foster family, its concept is proposed and its private law nature is defined.
The nature of the relationship that arises between foster parents, the body that made the decision to create a foster family, and the child himself is private-law, as: 1) it is reflected in the provision of services for raising a child, who needs it; 2) the exercise of rights and fulfillment of obligations by counterparties under this contract is aimed at creating decent conditions for the development and upbringing of the child; 3) the relationship between the foster parents and the foster child are fiduciary; 4) the purpose of entering into a contractual relationship between foster parents and the body that made the decision to create a foster family is to create conditions as close as possible to raising a child in an ordinary family.
Relations arising between the relevant executive authority and foster parents are both personal non-property and property.
The contract on the placement of children in foster family, being partially named, is close in its features to contracts on the provision of services.
Attention is focused on the legal status of the parties to the contract on the placement of orphans and children deprived of parental care in foster family..
The preconditions are separated and the procedure for concluding a contract on placement of orphans and children deprived of parental care in a foster family is established.
In the third chapter, «Fulfillment of obligations under a contract on placement of orphans and children deprived of parental care in a foster family and responsibility for their violation», attention is focused on the features of fulfilling obligations under a contract on placement of orphans and children deprived of parental care, in a foster family related to fixing a legal requirement for foster parents to provide a service of this nature personally.
The subject of a contract on placement of orphans and children deprived of parental care in a foster family is understood as the totality of actions of foster parents (both actual and legal in nature) regarding the proper implement and, if necessary, protect the personal and property rights of the foster child by placing such a child in your own family, his/her upbringing, education, rehabilitation, etc. until child reaches adulthood (completion of education in respective educational institutions).
Responsibility of the parties to the contract on placement of orphans and children deprived of parental care in a foster family is contractual, therefore there is an objective need for a normative fixing of such a mechanism of civil liability of the parties, which, on the one hand, would provide means of influence on the parties of the obligation and, on the other hand, it would determine the optimal procedure for applying the indicated legal means.
