Active mechanisms of public administration social and legal protection of orphans and children deprived of parental care

The article presents the analysis of the existing mechanisms of public management of social and legal protection of children deprived of parental care in Ukraine. Determined the structure of bodies of state power and local self-government, which deal with problems of orphanhood. One of most problems in the field o defence of the children confined paternal caring, in opinion of author, certain notenough distribution of plenary powers is in the ramified structure of executive and local self-government bodies. Thus participation of the state will be realized only in form material support of scanty means families, or in the case when a situation in family comes already to privation of parents of their rights on children. It is therefore marked on a necessity to give more substantial levers of influence exactly for local authorities, because they directly work with families and children and at correct distribution of plenary powers, able to minimize the amount of children without paternal caring.

The legal mechanism of state management of social and legal protection of children without parental care is now represented by the main normative legal acts including: the Law of Ukraine «About Protection of Childhood», «About ensuring of organizational and legal conditions for social protection of children without parental care», «About bodies and services of children’s affair and special institutions for children», «About activities of bodies of guardianship and trusteeship related to the protection of Children’s Rights» [5] the Regulation about foster family, the Regulations on family-type orphanage and other legal regulations acts that form the institutional mechanism of public administration and define the powers of state authorities and local governments in the sphere of childhood, social protection of children without parental care. Thus, in accordance with article 5 of the Law of Ukraine «About protection of childhood», the Verkhovna Rada of Ukraine determines the state policy in the sphere of childhood as the only legislative body of the country.

Institutional state mechanism of participation of the President of Ukraine in this sphere is determined by the Constitution of Ukraine.

The program of government activities contains measures which are related to the social protection of children without parental care, and development of family forms of their maintenance. Annually the Cabinet of Ministers of Ukraine reports to the Verkhovna Rada of Ukraine about the state of the demographic situation in Ukraine, children’s situation and tendency to it’s changes in the course of implemented socio-economic transformation. According to the Decree of the President of Ukraine on December 9, 2010 № 1085/2010 «About optimization of the system of central executive bodies» reorganization of ministries and departments of Ukraine was conducted, including that are responsible for social protection of children without parental care. Questions concerning social protection of children mentioned category administered by certain state agencies: Ministry of Health of Ukraine, Ministry of Education and Science, Youth and Sports of Ukraine (before reorganization Ministry in matters of Family, Youth and Sports and Ministry of Education and Science of Ukraine ), Ministry of social Policy of Ukraine (before reorganization Ministry of Labor and Social Policy of Ukraine), Ministry of Internal Affairs of Ukraine and others.

Central executive body in the field of social protection is Ministry of Social Policy of Ukraine. The main tasks of Ministry is participation in formation and realization of state policy in the sphere of protection of orphaned children and providing through the system of subordinated to it bodies of realization of citizen’s right to social protection through timely and address provision of social support.

Since independence, in Ukraine were created services, institutions and deliberative bodies, whose main responsibility is to protect the rights of the child, service on children’s affair, department in the affairs of family and youth, centers of social services for families, children and youth. Nowadays special institutions for children and social formation are subordinated to various public authorities [9].

To the powers of guardianship authorities in this sphere, in accordance with article 11 of the Law of Ukraine «About the organizational and legal conditions for social protection of children without parental care» include: establishing the status of orphans or children deprived of parental care; provision of guardianship and trusteeship, using the other forms of placement of children without parental care; checking the conditions of their placement, retention, education, training and other functions provided by law.

By the Resolution of Cabinet of Ministers of Ukraine from 24.09.2008, № 866 approved the Provisions on the Commission concerning protection of Child’s Rights. The main task of the commission is to provide the realization of children’s rights to life, health, education, social security, family education and full development.

In the process of child rights protection should be called judicial authorities that deal with cases of adoption, cancellation of adoption, recognition of adoption invalid, termination of parental rights, separating the child, resolution of disputes concerning guardianship, custody and etc.

Thus, the mechanisms of state control of social and legal protection of children who, for whatever reason left without parental care are implemented by all branches of power in Ukraine: legislative, executive and judicial. In the sphere of functioning of the child care system during the last years have been positive changes aimed at building a clear vertical bodies of executive power in this sphere. However, despite the rather large range of public authorities, the powers of which include implementation of social protection of children without parental care, up to now leave a lot of unresolved issues, including the unclear division powers of executive authorities and local government.