Narutto, S.V. Patronage as an institution for the protection of proprietary rights of minors: specific features of regional regulation

Abstract: The article includes analysis of patronage or patronage (foster) family as the means for creating better conditions for housing and education of children in comparison with the orphanages. The legal nature of patronage is regarded as similar in quality with the adoptive families. The author notes that in some constituent subjects of the Russian Federation the development of patronage is advanced in the absence of federal regulation (in Perm and Orenburg regions). Legislation of some constituent subjects of the Russian Federation distinguishes two types of patronage: 1) social patronage (sometimes also called psychological and pedagogical patronage, which is implemented by government bodies and institutions); 2) patronage by patronage educators. Based upon comparative studies of the regional legislation, the author makes a conclusion that there is need to regulate patronage with laws, and not the by-laws. The patronage system existing in the constituent subjects of the Russian Federation allows distributing obligations on lawful representation among the competent services, parents or lawful representatives of a child and patronage educators. The author disputes the issue of distinguishing the obligations on raising and education of children, considering that they may be distributed not only among the patronage educators and government bodies, but also with the parents, whose rights were not terminated. All three of these subjects of protection of proprietary rights of minors may use the some of the means of legal protection under Art. 12 of the Civil Code of the Russian Federation. The article includes a conclusion that the patronage educator serve as a type of foster parents, while the amount of their rights and obligations is more limited compared to adoptive and foster parents. The author states that the state as represented by foster care bodies should not avoid responsibility for a child at the time when a child is with the family of a patronage educator. It is noted that the institution of social patronage is not legitimated at the federal level, and it is regarded by many scholars and practitioners as an interference with the private life, rather than an efficient institution for the protection of rights of a child.

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