Review of responses to appeals from Novopolotsk residents during the "Big Talk with the President"

ORPHANHOOD CHAIN

One of the questions addressed to the President concerns the difficult life situation of a minor resident of Novopolotsk. Background: in 2008, the girl's mother received social housing as she was among the children left without parental care. She was registered there with her husband and daughter. Five years ago, this woman, then a single mother, was deprived of parental rights by a city court decision. She passed away in May last year. The girl was raised by a guardian (a 25-year-old Novopolotsk resident took her under her wing in 2015). With the mother's death, the ward lost the right to live in the social housing unit where she was registered. The reason? The lease agreement expired, and according to the law, a new one cannot be concluded with a minor.

How to deal with this legal snag and include the orphan in separate lists of those in need of housing improvement? The situation was commented on by the Head of the Housing and Communal Services Department of the Novopolotsk City Executive Committee, Sergey SHAMRILO:

– The state unitary enterprise for service provision "Novopolotsk Management Company" legally filed a lawsuit with the court of Novopolotsk to evict the former spouse and daughter of the tenant from the occupied residential premises. In accordance with paragraph 6 of clause 1 of Article 85 of the Housing Code of the Republic of Belarus, in case of termination or cancellation of a residential lease agreement (in this case, the agreement was terminated due to the death of the tenant), family members of the tenant are subject to eviction by court order without providing other housing.

If the claims are satisfied, in accordance with the Regulation on the procedure for registration and maintaining the registration records of orphans and children left without parental care, whose registration is carried out by the guardianship and trusteeship authority (Regulation approved by the Resolution of the Council of Ministers of the Republic of Belarus of 23.28.2010 No. 1226), it will be necessary for the education department of the Novopolotsk City Executive Committee to register the minor at the address of the Novopolotsk City Executive Committee. The registration of an orphan as a citizen in need of housing improvement will be carried out within the framework of the administrative procedure "making a decision to include in separate lists of citizens in need of housing improvement", provided for by the list of administrative procedures carried out by state bodies and other organizations upon applications from citizens.

ABOUT FAMILY CAPITAL

Another question from Novopolotsk residents to the President concerned the appointment of family capital, the right to which arises upon the birth or adoption of the third and subsequent children from January 1, 2015 to December 31, 2019 inclusive. The problem shared by our compatriot is as follows. Her family, where three children were raised (one of them a common child of the spouses), could claim family capital, but missed the deadlines for applying for its appointment. Whether there were valid reasons or not, the story is silent. Will the woman have a second chance to receive family capital? In theory, the answer to this question depends on the court's decision, to which the Novopolotsk resident can apply. The woman has been personally informed of this possibility, the city executive committee reported.

“Let’s assume a woman from Novopolotsk missed publications in local, regional, and national media, as well as TV and radio programs about the family capital assignment mechanism. Where else in our city can one get such information?” Lyudmila IVASHKEVICH, Head of the Department of Labor, Employment, and Social Protection of the Novopolotsk City Executive Committee, answered the question from the editorial office of “NS”:

– The Civil Registry Office of the Novopolotsk City Executive Committee provides the Department with information monthly about mothers who have given birth to a third or subsequent child. Based on the received lists, we inform large families by registered mail with simple notification about the possible right to family capital and the procedure for its registration. Our department specialists distributed similar memos to representatives of HR departments of institutions and enterprises during a seminar.

Information about family capital and the deadlines for applying for it is posted on the official website of Novopolotsk, on the stands of the City Executive Committee, as well as in the structural divisions of the Healthcare Institution “Novopolotsk Central City Hospital”: in the women's clinics of polyclinics, the maternity hospital, and the children's polyclinic. Through local media, our specialists have repeatedly informed the public that, in accordance with their place of residence registration, residents of Novopolotsk, Borovukha, and Mezhirechye villages, if they are eligible for family capital, can apply for its assignment at the Department of Labor, Employment, and Social Protection of the Novopolotsk City Executive Committee (Molodezhnaya St., 74, office 120, tel. 75-13-20).

Regarding generally accepted legislative norms, it should be noted that the applicant must apply to the department at their place of registration no later than 6 months from the date of birth of the third child with an application for the appointment of family capital. If the recipient of family capital cannot apply to us for any reason, they have the right to issue a power of attorney to perform actions on their behalf. In any case, the deadlines for submitting the application must be met. At the same time, according to part one of Article 154 of the Civil Procedure Code, if the procedural period established by the Civil Procedure Code or other legislative acts is missed due to a reason recognized as valid, the court may restore it. In the event that the court recognizes the grounds for missing the deadline as valid, the citizen has the right to apply to the department with a new application for the appointment of family capital.

"Novopolotsk Today".