Nikita Mercurial Biography

The answer is very simple and known to everyone: this is a child who has died a mother or father or both parents. When parents die in a child, a guardian must be appointed to him immediately - a state, a relative or a person who wants to take care of the orphan can become him. So the laws tell us. But in reality it happens differently. The boy, who lost his mother and left without a care of his father, lived for several years “invisible” for social bodies and did not receive any state assistance.

Because the state tried his best not to notice him. This summer, Nikita turned 18 years old. On his birthday, he said goodbye not only with his childhood, but also with the main fear in his life. For two whole years, Nikita was very afraid that he would be taken from his grandmother and send him to a shelter. The price of the issue is social support measures laid down by the law of the state.

And the grandmother decided: it is better not to do anything - if only Nikita would remain in the family. Grandma's fears were quite justified. The fact is that Nikita has hemophilia - a rare and serious illness. He needs special care and regular examinations in the clinic and the Children's Morozov hospital. And so it turned out that for two years in the center of Moscow a boy - a disabled person and an orphan - without official status and a permanent guardian.

Nikita's mother died when he was 16 years old. Father left the family when Nikita was seven. He left Moscow to his hometown and “disappeared” - he did not maintain any relationship with either his son or his ex -wife. After the death of her mother, Grandma Natalya Afanasyevna began to take care of Nikita. It was not easy. After all, Natalya Afanasyevna is the guardian of two more granddaughters and their mother - her second daughter, devoid of legal capacity in connection with the disease.

The whole family lives in the room of 14 square meters. From the income - only Babushkin’s pension and social payments for granddaughters. For Nikita, as an “unofficial orphan”, nothing was paid. Officers of the Tagansky district of the Tagansky district have been in the house of Natalia Afanasyevna more than once, saw how difficult the family lives, but it didn’t even occur to them to help grandmother to issue guardianship over Nikita so that the boy could receive payments laid down on the law from the state.

And when Natalya Afanasyevna herself turned to officials with such a request, a very unpleasant conversation took place. I recommended that I take a guardianship immediately with a statement on the appointment of it as a temporary trustee, and when Natalya Afanasyevna was in guardianship, he talked on the phone with a specialist who refused to accept the application, says Alexey Golovan, head of the Fate Complicity charity center.

I objected: my father does not live with his son for ten years, does not care about the child, does not support contacts. This is the basis for the deprivation of the father of parental rights and recognition of Nikita to the remaining without care! However, guardianship officers insisted on Nikita’s premises in a social protection institution. At the same time, ignoring the basic right of the child to live and educate in the family.

Monstrous, prohibitive incompetence! Incredible efforts at the end of May of this year, employees of the Center “Complicity in Fate” managed to receive an order of the department of social protection of the population of the Tagansky district on the appointment of Natalia Afanasyevna with the temporary trustee of Nikita with the consent of his father. But the help of lawyers to the boy and his grandmother did not end there.

They were firmly intended to achieve a complete restoration of the rights of an orphan. For this, Nikita needs to get the social status of the age left without parental care. This will allow him to receive state assistance provided for orphans that have reached the age of 18. The corresponding lawsuit was filed with the Tagansky District Court of Moscow.

However, the court took advantage of the formal pretext and did not even consider the appeal. The judge and explanation of the Supreme Court of the Russian Federation did not impress the judge, who notes that such cases should be considered in the order of special proceedings. The guardianship, and now the district court has demonstrated an orphan that it is better to “sit and not lean out”, instead of defending their rights.

That's just the lawyers of the Center “Complicity in Fate” do not agree with this. They filed a private complaint with the Moscow City Court and demanded that the case be returned to the Tagansky court for consideration on the merits.

What to do if you or your friends have in such a situation the recommendations of the lawyer and human rights activist Alexei Golovan if one of the parents died, and the second does not take any participation in the life of the child, then the child can be recognized as the remaining without parental care. To do this, in court it is necessary to prove that the second parent evades raising a child, does not take part in the content, education, protection of rights and interests.

The establishment of the loss of parental care is necessary so that the child can get the full social support guaranteed by the state. There are situations when a person is already 18 years old, but he needs to prove that at a minor age he was an orphan or was left without parental care. To do this, you need to go to court.The fact is that legal relations in the field of social security of certain categories of citizens of the Russian Federation arise between a citizen and the state solely after the citizen assigned a certain status - including the status of a child left without parental care.

From this moment, a citizen has the right to social support from the state.