Children in a difficult life situation - concept, characteristics, factors of appearance. Social support for children in difficult life situations

The portal I am a parent tells what children can find themselves in a difficult life situation, what are the reasons for getting into such situations and what ways to solve the problems of such children exist in Russia.

The modern world is extremely unstable and full of change. Adults sometimes get stressed out by the precarious economic situation, the rise in crime, the need to worry about what will happen tomorrow. This, of course, cannot but affect the children.

Children's perception is very different from that of an adult. Sometimes a mere trifle can turn into a real tragedy, greatly upset and injure a little person. As a result, the baby finds himself in a difficult situation, and it is important for adults to understand how to help him survive the pain that the child has to face due to various life circumstances.

Causes of difficult life situations in children

One of the main reasons for the emergence of the category "children in difficult life situations" is family trouble, namely:

  • drug addiction or alcoholism in the family;
  • low material security, poverty;
  • conflicts between parents and relatives;
  • child abuse, domestic violence.

Causes of family trouble

  1. Reproduction of patterns of interaction and behavior adopted in the parental family.
  2. A fatal confluence of life circumstances, as a result of which the entire structure and conditions of the existence of the family change. For example, sudden death, disability of one of the family members.
  3. Changes in the surrounding world, entailing changes in every family system. For example, the economic crisis, wars, etc.

1. Children without parental care

The number of orphans is increasing in direct proportion to the decline in socio-economic well-being in the country. Babies are left without parental care for a number of reasons. Most often, this is the deprivation of parental rights.

Reasons for termination of parental rights:

  • failure to fulfill parental responsibilities or abuse them,
  • presence of domestic violence,
  • the presence of chronic drug addiction or alcoholism in the family,
  • commission by a parent of a crime against the life and health of his child or spouse.

Thus, children can be left without parental care and end up in an orphanage if staying in a family becomes dangerous for their lives.

The primary task of the society is the early identification of families that fall into the risk group, assistance to such families and their support, the desire to preserve the birth family for the child. Sometimes a normal conversation with a neighbor who has often appeared at the entrance in a state of intoxication can prevent the development of a real disaster.

Of course, the dream of any child who has lost his parents and ended up in an orphanage and the best outcome for him is to find a new family, to find mom, dad and his own home again.

Babies are most often adopted now, and older children and teenagers have a chance to get into custody or guardianship. Recently, there has been such a form of guardianship as a “foster family”. By law, adoptive parents in such a family are entitled to the material reward due for raising a child. In addition, every month such a family is paid a child care allowance, which is an additional factor in attracting people who are ready to take care of a child from an orphanage to solve this problem.

2. Children with disabilities (those who have developmental features: mental and / or physical)

The causes of childhood disability can be intrauterine development disorders due to genetic factors, the lifestyle of parents (drug addiction, alcoholism and other types of deviations); birth trauma, as well as subsequent trauma of various origins.

Often children with special needs live and study at home. At present, inclusive education has been developed, in which children with disabilities get the opportunity to live and study in the same environment with their peers.

Very often, the appearance of a child with a disability in a family leads to its disintegration. Men leave the family, unable to withstand the additional difficulties and problems associated with raising a special child. At the same time, it is obvious that the upbringing of such a child requires exorbitant efforts from a woman left alone.

Characteristic features of families with children with disabilities:

  • low income: caring for a sick child requires, in addition to large material costs, a lot of personal time, so many have to give up high-paying work in favor of work with a more flexible schedule and convenient location;
  • isolation from society: difficulty attending entertainment places and events due to the lack of willingness of society to accept children with disabilities and poor technical support for the needs of people with disabilities;
  • difficulties in obtaining education and profession. For the implementation of educational and professional activities, special children need special conditions. In addition, they often encounter rejection and bullying among their peers.

Currently, social projects and programs are being developed for the socialization and adaptation of disabled children, teaching them labor skills, and programs are being introduced to integrate them into the environment of healthy peers. An important factor is the identification of various defects at an early stage in the development of children. Now throughout the country there is an early intervention service for children under three years old, where parents who have children with developmental disabilities or who are at risk can apply. Consequences of identifying defects at an early stage of a child's development:

  • prevention of the development of secondary disorders in the development of children,
  • revealing the rehabilitation potential of the family in supporting the child, providing advice to the family itself,
  • social adaptation and inclusion of the child in the peer environment already at an early stage,
  • passing earlier preparation for studying according to the school curriculum, reducing difficulties in subsequent education.

The implementation of such social programs and projects requires the active participation of all of us and a sincere desire to change the attitude of our society towards disability. Everyone can help, for example, to take care of a child in the absence of parents, or to help mothers of children with developmental disabilities with employment, to the best of their ability.

And we must start with the fact that we all must try to understand and accept a simple truth: not like me does not mean bad.

There is nothing shameful or shameful in disability, and we should teach this to our children. And most importantly - this can happen in every family, regardless of age, place of residence and income level! It is important not to look away embarrassedly from the boy in a wheelchair, but to be able to explain to your child that all people are different and someone is less fortunate, but this does not mean that he is less worthy of respect, attention and communication. Families raising children with disabilities can be supported in word and deed. Without a doubt, any help (both psychological support and material participation) is very necessary and invaluable for them!

3. Children who have become victims of interethnic (including armed) conflicts, environmental and man-made disasters, natural disasters; children from families of refugees and internally displaced persons; children in extreme conditions

In fact, these children are victims of extreme conditions, i.e. situations that go beyond normal human experience. The source of childhood trauma is often another person - this includes terrorist acts, attacks, local wars.

In today's world, the number of such children, unfortunately, is growing. The first priority in times of emergency is to place children in a safe place and provide them with everything they need, from personal hygiene to the opportunity to receive an education. Indeed, often, being on the street and having lost a roof over their heads, children are forced to independently provide themselves with everything necessary, which can lead them to the path of crime.

The main problem of such children is that very little attention is paid to their experiences associated with a change of residence. But they are faced with a number of issues that are not easy to solve even for adults. Together with the place of residence, children need to change their school, social circle, habitual places of recreation and entertainment, and adapt to a new environment. Often children who find themselves in an extreme situation lose close relatives and even parents. Undoubtedly, they all experience loss.

In the future, such children experience difficulties in communication, their overall development becomes more difficult, academic performance and interest in life decrease. Children who find themselves in extreme conditions need qualified help from psychologists in overcoming post-traumatic stress disorder.

4. Children subjected to violence, including in the family

The abused child lives with deep trauma from an early age. The child, as a rule, carefully hides the cause of the injury from others, the pain from the injury can torment him for the rest of his life.

Types of violence:

  • physical violence when a child is beaten, while there may be traces of beatings on the body, or they are not fed,
  • sexual abuse,
  • psychological abuse when a child is humiliated, isolated, lied to and threatened in every possible way.

Consequences of violence:

  • children develop anxiety and various fears,
  • children may experience guilt, shame,
  • children do not know how to navigate their feelings and emotions,
  • in adult life, children often face a number of difficulties in creating their own family.

Early detection of this difficult situation plays a key role in helping child victims of violence. It is necessary to be more attentive to the children around us in order to notice that the child may be depressed, upset.

First of all, this applies to the parents of the child. It is extremely important for parents to be in close contact with their children. It is very useful to discuss with the child what he does outside the home, with whom he communicates, while it is important to maintain a trusting relationship so that he does not hesitate to tell at home if someone does not behave with him in the way that is customary in his family. It is necessary to pay attention to even minor changes in the behavior of the child. Sudden tears, loss of appetite and other changes are a good reason for a confidential conversation. In order to prevent violence against children, you can develop self-protection skills in children by playing small riddle games. For example, you can ask: "What would you do if a stranger offered you a ride in a car?". A good activity for spending time together is to draw leaflets with your child with basic safety rules: do not leave with strangers, do not open the door for strangers, keep parents aware of their whereabouts, etc. In particular, it is worth paying special attention to any manifestations of children's aggression directed both at themselves and others, try to identify its causes and prevent it from aggravating.

The most terrible thing for a small person can be violence against him in the family, when it seems to him that no one will ever protect him, there is no one to complain to. After all, the tormentors are his closest people, parents who, for personal reasons, have become alcoholics, drug addicts, religious fanatics, or are mentally ill people.

An important role in such situations is played by where children can call without fear of exposure. Everyone can and should report situations of domestic violence that we witness: relatives, neighbors, school psychologists and teachers.

5. Children serving sentences of imprisonment in educational colonies; children in special educational institutions

As a rule, such children are characterized by a desire for deviation in behavior, or deviant behavior, i.e. behavior that does not correspond to the norms that are accepted in society.

Levels of deviation in behavior:

  • precriminal level- these are minor offenses, the use of alcohol and psychoactive substances, leaving home;
  • criminal level- this is an extreme case of deviant behavior - delinquent behavior that can lead a child to criminal offenses.

Reasons for deviation in behavior:

  • socio-pedagogical neglect, the specifics of education;
  • family troubles, as a result of which the child experiences deep psychological discomfort;
  • personal characteristics of the child: deviations in development, transitional stages of growing up;
  • insufficient opportunity for self-realization and self-expression;
  • neglect.

In helping this category of children, it is extremely important prevention and warning manifestations of deviant behavior in the early stages of its manifestation. Here the main role is assigned to parents and teachers, since their duty is to treat children with due attention. In the modern world, the most common types of deviant behavior are represented by various forms of addiction - alcohol, tobacco, drugs, computer. In order to know how to behave in a situation if your child is addicted, we recommend watching the following videos:

When a crisis situation arises in the life of a child or in his family, it is necessary to turn to qualified specialists for help and support as soon as possible. For children, adolescents, as well as their parents, there is a phone number that they can call if necessary.

In practice, social assistance to children who find themselves in a difficult situation consists in constant work with their families, when it is dysfunctional. The main type of such assistance is social support for the baby and his family. Accompaniment - social assistance, including pedagogical and psychological assistance. Accompanying is otherwise called patronage. This is a whole complex system of psychological, pedagogical and social assistance provided by social service specialists. But each of us can help a child in a difficult life situation. You just have to stop, do not pass by and do not turn away from the little man in trouble.

Children who find themselves in a difficult situation are unhappy all together and each in his own way. In today's unstable, full of change world, it is not easy for their psyche to cope with stress. Toddlers are very dependent on adults. And this becomes an additional destabilizing factor. Therefore, assistance to children in difficult life situations is considered from the perspective of the family and society. It must be comprehensive.

Who needs help and when?

Any child can find himself in unfavorable, crisis conditions. Changes that he cannot cope with on his own are brought about by social, social and intra-family events (drug addiction, addiction to alcohol, violence, a marginal lifestyle, low income, medical problems, etc.).

Children in a difficult life situation may find themselves in a fatal confluence of circumstances, due to global changes in the world that affect the family system, due to the reproduction of patterns of interaction between relatives and friends. By itself, the problem is not solved. We have to involve specialized social programs, projects and specialists. Yekaterinburg is one of the few places where work with the target audience is carried out systematically, at different levels and fronts.

Directions of work of specialists

Assistance to children who find themselves in difficult conditions (whether it be a family or social crisis) should be multi-stage, competently organized, and effective. In Yekaterinburg, specialized specialists work in medical and socio-psychological areas. The second one is of the greatest interest.

A professional organization for helping difficult children provides for:

  • diagnostics of family, personality;
  • revealing the rehabilitation potential of a cell of society;
  • development of an individual program of social adaptation or readaptation;
  • direct work with children and parents;
  • support and consulting support at all stages;
  • interaction with family or caregivers.

Actual problems are being solved in the co-creation of psychologists, teachers, social workers, parents.

Specialized websites for helping difficult children in Yekaterinburg offer various rehabilitation and development programs. They are aimed at a different age target audience. Qualified teachers, psychologists, and social workers work with children, schoolchildren, and teenagers in specialized organizations.

Effective support for a child, regardless of the causes of a difficult life situation, the severity of a particular case, includes:

  • Dealing with every existing problem.
  • Creation of motivation for success and conditions for its achievement. This allows you to solve issues of moral, physical improvement.
  • Involvement of toddlers, schoolchildren, adolescents in the processes of education, training, informal communication.
  • Analysis of the results obtained, development of further recommendations, correction of the program, taking into account individual achievements, the needs of the wards.

Today there is where to expect support. Professionals are ready to help!

In modern Russia, due to the increase in the number of families in a social and economic crisis, the concept of children in a difficult life situation is increasingly used in pedagogy and psychology. At the moment, the problem of socio-pedagogical support for children in difficult life situations is extremely relevant. It is caused, first of all, by the socio-economic crisis of recent decades, which significantly affected the situation of the younger generation and led to negative phenomena in such important areas for the development of adolescents as family, education, leisure, and health. The content of the concept of "children in a difficult life situation" has a lot of components. At the moment, children from socially unprotected and disadvantaged families, left without parental care, children with disabilities and developmental disorders who find themselves in extreme conditions, victims of violence and others whose life was disrupted as a result of the circumstances, are classified as those in a difficult life situation. which they cannot overcome on their own or with the help of their families. As a result, it is necessary to define the concept of children in a difficult life situation and their socio-pedagogical characteristics. A child is a constantly growing and developing organism, at each age stage having certain morphological, physiological and psychological characteristics. Each child at different periods of his life, as well as depending on the social conditions in which he may find himself, for reasons beyond his control, may find himself in a difficult life situation, and, accordingly, will need help and protection to varying degrees.

Kuzina I.G. considers the general concept of a difficult life situation as “a situation that objectively violates a person’s social ties with his environment and the conditions of normal life and is subjectively perceived by him as difficult, as a result of which he may need support and assistance from social services to solve his problem”

Osukhova N.G. considers this concept as a situation in which "as a result of external influences or internal changes, a violation of the child's adaptation to life occurs, as a result of which he is not able to satisfy his basic vital needs through models and methods of behavior developed in previous periods of life" .

After analyzing these approaches to the definition of a difficult life situation, and highlighting its common features, we can formulate the following definition: a difficult life situation is a situation that means the experiences of a person who finds himself in a position that seriously affects his well-being, life safety and from which he does not always able to get out on his own. In this case, he needs help. Children who find themselves in a difficult life situation especially need help. It is more difficult for them to find an acceptable way out of the situation on their own. Considering this fact, in social and pedagogical support, it is necessary to predict and determine the most appropriate ways to help a child who finds himself in a difficult life situation. The main goal of such support is to create the most optimal conditions for the life of the child and his upbringing.

Modern children have two main areas of activity, they are also the main institutions of influence on his upbringing - the sphere of the family and the education system. The vast majority of the child's problems arise precisely because of the influence of these two institutions.

For a child, the family is an environment in which the conditions for his physical, mental, emotional and intellectual development are formed. The inability of the family as a social institution to provide for the upbringing and maintenance of children is one of the main factors in the emergence of a category of children in difficult life situations.

We single out the most significant factors affecting family well-being, as a result of which children may experience a difficult life situation.

The first factor is the poor material living conditions of the family. Families with children in Russia have been the most deprived for a long time. The reasons are the high dependency burden on the able-bodied, the lack of work of one of the parents due to childcare, as well as the lower earnings of young professionals. Significant indicators of the material conditions of a family's life are the level of household income and housing provision. It is important to note that poor indicators of material security are concentrated in the same households. Families living in poor housing conditions and not having enough money have low chances to get out of poverty, so they should be given special attention by specialists in services for the prevention of family trouble and orphanhood.

The second factor affecting well-being is the loss of connection with the labor market. Families with children show a high degree of economic activity, and employment is more likely to be among the poor. An increased risk of poverty and, as a result, family distress, is experienced by complete families with children in which a man is economically inactive. Families that have been affected by long-term unemployment, single-parent families with children in which the parent is unemployed, are also among the poor. In incomplete families, women from an economic point of view perform the function that is characteristic of men in complete families. Families with children who are unemployed, although they fall into poverty, have a high chance of getting out of it as a result of a successful job search, in contrast to families in which the man is economically inactive.

The third factor is intra-family conflicts, an unfavorable psychological atmosphere in the family. It is a mistake to assume that all families in which disagreements occur are at risk, and the children living in them are classified as being in a difficult life situation. Only children in a critical situation, in an environment of severe conflicts, which have many reasons, can be considered children who find themselves in a difficult life situation. These children certainly need help, and their families should certainly be included in the target group of programs for the prevention of social orphanhood.

Another not unimportant factor affecting family well-being is abuse in the family. A big problem in the work to identify and prevent families where child abuse is practiced is that the families themselves, both parents and children, hide this fact: parents - because they are afraid of punishment and condemnation, children - because they are ashamed of their position and feel fear.

The next factor is alcoholism and drug addiction in the family. Alcoholism and drug addiction are those problems that, if not the causes of family trouble, often accompany it. A child, getting into the environment of parents dependent on alcohol or drugs, as a rule, has physical, psychological and social developmental problems. In addition, most children inherit this addiction and constitute a high-risk group for the formation of mental, neurological and somatic disorders. A child is often saved from addicted parents on the street, but there he also expects a dysfunctional environment and the influence of street peers. Such families concentrate all other problems in themselves, as they lose their connection with the labor market and do not have a stable income.

There is also such a factor as a dysfunctional family environment for children, the risks of divorce, and failure to fulfill childcare responsibilities. In Russian society, there is a strong opinion on the question of who should be responsible for raising children. Despite the fact that the majority of respondents believe that the care of a child should fall on the shoulders of the family, or at least should be shared between the family and society, there are parents who shift the responsibility for a preschool child from the family to society. Parents who believe that the care of children should be delegated to society do not want to take responsibility for raising children, which means that they do not fully fulfill their parental responsibilities.

There is reason to believe that critically poor housing conditions and an acute income deficit are the most painful problems for families, followed by a high level of conflict in the family, and only then all other types of trouble. In most cases, a critical situation is associated with a combination of manifestations of trouble.

The Federal Law of the Russian Federation "On the Basic Guarantees of the Rights of the Child in the Russian Federation" formulates typical difficult life situations for a child related to the family:

Death of parents.

Refusal of parents to take their children from institutions of social protection of the population, educational, medical and other institutions.

Independent termination by parents of parental duties in relation to their child.

Failure by parents for one reason or another of their duties towards their children.

Prolonged absence of parents.

Restriction of parents in parental rights. The decision is made by the court taking into account the best interests of the child. It can take place under the condition that leaving the child with the parents or with one of them is dangerous for the child due to circumstances beyond the control of the parents or one of them.

Deprivation of parental rights. It acts as a legislative measure for parents who do not fulfill their obligations in relation to their minor children, as well as abusing parental rights.

The impossibility of parents for one reason or another to fulfill their parental duties: serving a sentence; recognition of their incompetent when they cannot, for health reasons, perform duties in relation to their children; the crisis state of the family, which does not allow it to fulfill parental responsibilities in relation to the child. In the above cases, the child ends up in the guardianship and guardianship bodies - these are local government bodies that are entrusted with the responsibility to protect the rights and interests of children left without parental care. Guardianship and guardianship bodies are called upon to: identify children left without parental care; take such children into account; select forms of placement for children left without parental care. At the same time, they try to arrange them, first of all, in a family. To this end, they contribute to the creation of foster, guardian and other types of families; carry out patronage of foster families, provide them with the necessary assistance; contribute to the creation of normal living conditions and the upbringing of a child in foster families, that is, to provide assistance from psychologists, teachers, social pedagogues, to promote the improvement of living conditions, to exercise control over the conditions of the child, the fulfillment of parental duties assigned to the foster family for his upbringing and education. In case of failure to fulfill their obligations in relation to foster children, the guardianship and guardianship authorities are obliged to take measures to protect their rights.

Based on the foregoing, we understand that a fairly large number of factors that provoke a difficult life situation in a child come from his family. If at least one of the factors described above is present in the family, then the risk of a difficult situation in a child is very high. Another important area of ​​the child's activity is the educational sphere. Since it is one of the main activities of children, the possibility of a difficult life situation for a child is increased here.

One of the problems of a child in a difficult situation is a low level of socialization, that is, limited mobility, poor contacts with peers and adults, limited communication with nature and access to cultural values, etc. In modern schools, the main role is assigned to the educational rather than socializing function, the school does not provide children with the necessary set of qualities they need for full integration into society. The limited activity of the school determines the negative attitude of the majority of students towards this institution of education, which does not give him the opportunity to express himself as a person. The reason for the emergence of a difficult situation in the lives of children can be an unsatisfactory level of knowledge, and as a result, a large gap in academic performance between the best and worst students. This is very closely related to the self-esteem of the personality of the child. As a result, children have problems of different directions associated with deadaptation in social relations at school. These problems together can lead to a difficult situation for the child.

Nikitin V.A. in his study describes socialization as "the process and result of the inclusion of the individual in social relations" . It is important to keep in mind that socialization is a process that lasts throughout a person's life. Therefore, one of the main goals of socialization is the adaptation of a person to social reality, which serves as the most possible condition for the normal functioning of society. At the moment, difficult life situations that lead to a low level of socialization of the child include: begging, homelessness and neglect, various types of deviant behavior, as well as illness and disability. The problems that arise in the process of socialization of such children are, first of all, social problems: insufficient forms of social support, inaccessibility of health care, education, culture, and consumer services. Among them, problems of the macro-, meso- and micro-level can be singled out. This set of problems is being solved by the efforts of the entire society and the state aimed at creating equal opportunities for all children.

The Federal Law “On the Basic Guarantees of the Rights of the Child in the Russian Federation” defines the term “children in a difficult life situation”, “these are children, orphans or children left without parental care; disabled children; children with disabilities, that is, those with disabilities in physical and (or) mental development; children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters; children from families of refugees and internally displaced persons; children are victims of violence; children serving sentences of imprisonment in educational colonies; children in special educational institutions; children living in low-income families; children with behavioral problems; children whose life activity is objectively impaired as a result of the circumstances and who cannot overcome these circumstances on their own or with the help of the family.

At the moment, in modern Russia, the problem of child orphanhood, and especially social child orphanhood, is very acute. If earlier these were children whose parents died at the front, today the vast majority of children brought up in orphanages, orphanages, boarding schools have one or both parents, that is, they are social orphans, or orphans with living parents. In the Federal Law "On Additional Guarantees for Social Support for Orphans and Children Left without Parental Care", orphans are "persons under the age of 18 whose both or only parent have died." Children left without parental care are “persons under the age of 18 who were left without the care of a single parent or both parents due to the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incompetent, declaring them dead, establishment by the court of the fact of the loss of parental care by a person, serving a sentence by parents in institutions executing a sentence of deprivation of liberty, being in places of detention, suspected and accused of committing crimes, evading parents from raising their children or from protecting their rights and interests, refusing to parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases of recognizing children left without parental care in the manner prescribed by law.

It is worth paying attention to such a category of children who find themselves in a difficult life situation, such as children with disabilities or children with disabilities. The health of the Russian population is in critical condition. The results of thorough research testify to the crisis state of health in representatives of all age groups, especially in children. In Russia, as well as throughout the world, there is a tendency for the growth of children with disabilities. Based on the provisions of Law No. 181-FZ and the Family Code of the Russian Federation, “a disabled child is understood to be a person under the age of 18 who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to limitation of life and causing the need for social protection. Children with developmental disabilities are deprived of the channels of obtaining information available to their healthy peers: constrained in movement and use of sensory channels of perception, children cannot master the whole variety of human experience that remains out of reach. They are also deprived of the possibility of subject-practical activity, limited in play activity, which negatively affects the formation of higher mental functions. Violation, lack of development can occur suddenly after an accident, illness, or it can develop and intensify over a long time, for example, due to exposure to adverse environmental factors, due to a long-term chronic disease. A disadvantage, a violation can be eliminated, in whole or in part, by medical and psychological-pedagogical, social means or decrease in its manifestation. At the moment, Russian education, which forms a certain degree of tolerance for children with disabilities, has a humanistic orientation. Networks of medical and rehabilitation institutions, boarding schools, centers for social assistance to families and disabled children, and sports-adaptive schools for disabled people are being created. And yet, this problem remains relevant. A significant part of children with developmental disabilities, despite the efforts made by society to educate and educate them, as adults, are not prepared for integration into socio-economic life. At the same time, the results of research and practice indicate that any person with a developmental defect can, under appropriate conditions, become a full-fledged personality, develop spiritually, provide for themselves financially and be useful to society.

The next category of children who find themselves in a difficult life situation are children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters (children in an extreme situation) - these are children in need of care and help. They should be given the opportunity to study, including religious and moral education, according to the wishes of their parents or, in the absence of parents, of those persons who are responsible for their care. All necessary measures must be taken to facilitate the reunification of temporarily separated families. Children under the age of fifteen are not subject to recruitment into armed forces or groups and are not allowed to take part in hostilities; the special protection afforded to children under the age of fifteen continues to apply to them if they take a direct part in hostilities and are taken prisoner. Where necessary, and where possible, with the consent of their parents or those with primary responsibility for their care, arrangements shall be made for the temporary evacuation of children from the area of ​​hostilities to a safer area inland, while being escorted by persons responsible for their safety. and well-being.

The change in the general geopolitical picture of the world, the aggravation of environmental, demographic and social problems, all this leads to the emergence of such a category of children in a difficult life situation as children from refugee and internally displaced families. Article 1 of the Federal Law "On Refugees" provides the following definition: "a refugee is a person who is not a citizen of the Russian Federation and who, due to well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable to enjoy the protection of that country or is unwilling to enjoy such protection due to such fear; or, having no particular nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear. From Article 1 of the Law of the Russian Federation “On forced migrants”, “a forced migrant is a citizen of the Russian Federation who left his place of residence as a result of violence or persecution committed against him or his family members, or because of a real risk of being persecuted on the basis of race or nationality, religion, language. Citizens of the Russian Federation who left their place of residence as a result of persecution on the basis of belonging to a certain social group or political convictions are also recognized as internally displaced persons. The significance of the problems of families of refugees and internally displaced persons in modern Russian society is actualized in various aspects of an individual's life in the system of personal-environment relations. It is known that during forced migration, the social adaptation of a person is seriously violated: from one natural and social environment, he moves to another, painfully breaking many natural-anthropological ties and artificially creating such ties in a new place. As a result, refugee children often experience psychological trauma when they witness the murder or death of their parents and relatives. As psychologists testify, traumatic events leave a deep imprint in the child's psyche, which remains in his memory for a long time. All children who have experienced psychological shock suffer from its consequences. In addition to many physical and mental disorders, they also have a violation of the process of cognition and behavior in society. The severity of violations and their manifestations is associated, as a rule, with the degree of severity of violence, the presence or absence of bodily injuries in the child himself, as well as the loss or preservation of family support.

Children are the most suggestible and led, unlike adults, and often become victims in various situations. They may be victims of domestic or school violence, be victims of violence on the street. difficult life violence children

Asanova M.D. identifies four main types of child abuse: physical abuse, this is a type of attitude towards a child when he is deliberately placed in a physically vulnerable position, when he is intentionally inflicted with bodily harm or does not prevent the possibility of inflicting it; sexual abuse is the involvement of functionally immature children and adolescents in sexual activities that they perform without fully understanding them, for which they are unable to consent, or that violate the social taboos of family roles; psychological abuse is an act committed against a child that hinders or harms the development of his potential abilities. Psychological abuse includes such chronic aspects of behavior as humiliation, insult, bullying and ridicule of a child; neglect is the chronic inability of a parent or caregiver to provide for the basic needs of a minor child for food, clothing, housing, medical care, education, protection and supervision. With physical neglect, a child may be left without the necessary nutrition corresponding to his age, may be dressed inappropriately for the weather. With emotional abandonment, parents are indifferent to the needs of the child, ignore him, there is no tactile contact. Neglect can manifest itself in the neglect of the child's health, the lack of necessary treatment for him. Neglect of the child's education can be expressed in the fact that the child is often late for school, skips lessons, stays to look after younger children, and so on. The overall goal in working with children who have experienced violence is to reduce and eliminate traumatic experiences, to overcome feelings of inferiority, guilt and shame. In working with a child, it is important to maintain his ability to differentiate interactions with other people, to promote his personal development.

Recently, the increase in juvenile delinquency has been constantly emphasized, there has been an increase in the cruelty and sophistication of the deeds of adolescents, a significant rejuvenation of crime. One of the measures used as a punishment for a child for committing a crime is the deprivation of his liberty. Children sentenced by the court to punishment in the form of deprivation of liberty are sent to educational colonies for correction and re-education. However, according to statistics, many of those who have served their sentences re-commit the crime. All minors serving sentences of imprisonment in educational colonies also represent the category of children who find themselves in a difficult life situation. Adaptation is one of the important aspects that arise when a child is deprived of his liberty. In the conditions of an educational colony, the concept of adaptation should be considered in a broad aspect. Since the essence of the problem will depend on the conditions of serving a sentence: strict, ordinary, light or preferential, since when moving from one condition to another, even within the same colony, the social environment, daily routine, work and educational activities, assessment of prospects change. , the aspirations of the pupil. Almost every convicted teenager has some degree of emotional tension, dissatisfaction with the life situation, a reduced emotional background, as well as some kind of disorder. Getting into an educational colony, a teenager learns what the daily routine is, the rules of conduct. That is why sleep disorders, lethargy, passivity, fatigue are possible. A large place in the general anxiety of a teenager is occupied by all sorts of fears, a feeling of an incomprehensible threat, and the self-doubt associated with this. The main goal of social and pedagogical support is to help the child adapt in an educational colony, and its end result is a successful entry into the team, the emergence of a sense of confidence in relations with members of the team, satisfaction with one's position in this system of relationships.

Thus, from all of the above, we understand that the problem of children who find themselves in a difficult life situation is currently quite acute. Therefore, there is a need for a special attitude towards such children, that is, the need for social and pedagogical support. Depending on the reasons for the emergence of a difficult life situation in a child, and his socio-pedagogical characteristics, it becomes necessary to choose an individual work technology. To date, there are many studies aimed at approaching the compilation and application of technologies for the socio-pedagogical support of children who find themselves in a difficult life situation as efficiently as possible.

In modern Russia, due to the increase in the number of families in a social and economic crisis, the concept of children in a difficult life situation is increasingly used in pedagogy and psychology. At the moment, the problem of socio-pedagogical support for children in difficult life situations is extremely relevant. It is caused, first of all, by the socio-economic crisis of recent decades, which significantly affected the situation of the younger generation and led to negative phenomena in such important areas for the development of adolescents as family, education, leisure, and health. The content of the concept of "children in a difficult life situation" has a lot of components. At the moment, children from socially unprotected and disadvantaged families, left without parental care, children with disabilities and developmental disorders who find themselves in extreme conditions, victims of violence and others whose life was disrupted as a result of the circumstances, are classified as those in a difficult life situation. which they cannot overcome on their own or with the help of their families. As a result, it is necessary to define the concept of children in a difficult life situation and their socio-pedagogical characteristics.

A child is a constantly growing and developing organism, at each age stage having certain morphological, physiological and psychological characteristics.

Each child at different periods of his life, as well as depending on the social conditions in which he may find himself, for reasons beyond his control, may find himself in a difficult life situation, and, accordingly, will need help and protection to varying degrees.

I. G. Kuzina considers the general concept of a difficult life situation as “a situation that objectively violates a person’s social ties with his environment and the conditions of normal life and is subjectively perceived by him as difficult, as a result of which he may need support and assistance from social services to solve his problem »

N. G. Osukhova considers this concept as a situation in which “as a result of external influences or internal changes, a violation of the child’s adaptation to life occurs, as a result of which he is not able to satisfy his basic vital needs through models and methods of behavior developed in previous periods life".

After analyzing these approaches to the definition of a difficult life situation, and highlighting its common features, we can formulate the following definition: a difficult life situation is a situation that means the experiences of a person who finds himself in a position that seriously affects his well-being, life safety and from which he does not always able to get out on his own. In this case, he needs help. Children who find themselves in a difficult life situation especially need help. It is more difficult for them to find an acceptable way out of the situation on their own. Considering this fact, in social and pedagogical support, it is necessary to predict and determine the most appropriate ways to help a child who finds himself in a difficult life situation. The main goal of such support is to create the most optimal conditions for the life of the child and his upbringing.

Modern children have two main areas of activity, they are also the main institutions of influence on his upbringing - the sphere of the family and the education system. The vast majority of the child's problems arise precisely because of the influence of these two institutions.

For a child, the family is an environment in which the conditions for his physical, mental, emotional and intellectual development are formed. The inability of the family as a social institution to ensure the upbringing and maintenance of children is one of the main factors in the emergence of a category of children in difficult life situations [52, p.352].

We single out the most significant factors affecting family well-being, as a result of which children may experience a difficult life situation.

The first factor is the poor material living conditions of the family. Families with children in Russia have been the most deprived for a long time. The reasons are the high dependency burden on the able-bodied, the lack of work of one of the parents due to childcare, as well as the lower earnings of young professionals. Significant indicators of the material conditions of a family's life are the level of household income and housing provision. It is important to note that poor indicators of material security are concentrated in the same households. Families living in poor housing conditions and not having enough money have low chances to get out of poverty, so they should be given special attention by specialists in services for the prevention of family trouble and orphanhood.

The second factor affecting well-being is the loss of connection with the labor market. Families with children show a high degree of economic activity, and employment is more likely to be among the poor. An increased risk of poverty and, as a result, family distress, is experienced by complete families with children in which a man is economically inactive. Families that have been affected by long-term unemployment, single-parent families with children in which the parent is unemployed, are also among the poor. In incomplete families, women from an economic point of view perform the function that is characteristic of men in complete families. Families with children who are unemployed, although they fall into poverty, have a high chance of getting out of it as a result of a successful job search, in contrast to families in which the man is economically inactive.

The third factor is intra-family conflicts, an unfavorable psychological atmosphere in the family. It is a mistake to assume that all families in which disagreements occur are at risk, and the children living in them are classified as being in a difficult life situation. Only children in a critical situation, in an environment of severe conflicts, which have many reasons, can be considered children who find themselves in a difficult life situation. These children certainly need help, and their families should certainly be included in the target group of programs for the prevention of social orphanhood.

Another not unimportant factor affecting family well-being is abuse in the family. A big problem in the work to identify and prevent families where child abuse is practiced is that the families themselves, both parents and children, hide this fact: parents - because they are afraid of punishment and condemnation, children - because they are ashamed of their position and feel fear.

The next factor is alcoholism and drug addiction in the family. Alcoholism and drug addiction are those problems that, if not the causes of family trouble, often accompany it. A child, getting into the environment of parents dependent on alcohol or drugs, as a rule, has physical, psychological and social developmental problems. In addition, most children inherit this addiction and constitute a high-risk group for the formation of mental, neurological and somatic disorders. A child is often saved from addicted parents on the street, but there he also expects a dysfunctional environment and the influence of street peers. Such families concentrate all other problems in themselves, as they lose their connection with the labor market and do not have a stable income.

There is also such a factor as a dysfunctional family environment for children, the risks of divorce, and failure to fulfill childcare responsibilities. In Russian society, there is a strong opinion on the question of who should be responsible for raising children. Despite the fact that the majority of respondents believe that the care of a child should fall on the shoulders of the family, or at least should be shared between the family and society, there are parents who shift the responsibility for a preschool child from the family to society. Parents who believe that the care of children should be delegated to society do not want to take responsibility for raising children, which means that they do not fully fulfill their parental responsibilities.

There is reason to believe that critically poor housing conditions and an acute income deficit are the most painful problems for families, followed by a high level of conflict in the family, and only then all other types of trouble. In most cases, a critical situation is associated with a combination of manifestations of trouble.

The Federal Law of the Russian Federation "On the Basic Guarantees of the Rights of the Child in the Russian Federation" formulates typical difficult life situations for a child related to the family:

Death of parents.

Refusal of parents to take their children from institutions of social protection of the population, educational, medical and other institutions.

Independent termination by parents of parental duties in relation to their child.

Failure by parents for one reason or another of their duties towards their children.

Prolonged absence of parents.

Restriction of parents in parental rights. The decision is made by the court taking into account the best interests of the child. It can take place under the condition that leaving the child with the parents or with one of them is dangerous for the child due to circumstances beyond the control of the parents or one of them.

Deprivation of parental rights. It acts as a legislative measure for parents who do not fulfill their obligations in relation to their minor children, as well as abusing parental rights.

The impossibility of parents for one reason or another to fulfill their parental duties: serving a sentence; recognition of their incompetent when they cannot, for health reasons, perform duties in relation to their children; the crisis state of the family, which does not allow it to fulfill parental responsibilities in relation to the child. In the above cases, the child ends up in the guardianship and guardianship bodies - these are local government bodies that are entrusted with the responsibility to protect the rights and interests of children left without parental care. Guardianship and guardianship bodies are called upon to: identify children left without parental care; take such children into account; select forms of placement for children left without parental care. At the same time, they try to arrange them, first of all, in a family. To this end, they contribute to the creation of foster, guardian and other types of families; carry out patronage of foster families, provide them with the necessary assistance; contribute to the creation of normal living conditions and the upbringing of a child in foster families, that is, to provide assistance from psychologists, teachers, social pedagogues, to promote the improvement of living conditions, to exercise control over the conditions of the child, the fulfillment of parental duties assigned to the foster family for his upbringing and education. In case of failure to fulfill their obligations in relation to foster children, the guardianship and guardianship authorities are obliged to take measures to protect their rights.

Based on the foregoing, we understand that a fairly large number of factors that provoke a difficult life situation in a child come from his family. If at least one of the factors described above is present in the family, then the risk of a difficult situation in a child is very high. Another important area of ​​the child's activity is the educational sphere. Since it is one of the main activities of children, the possibility of a difficult life situation for a child is increased here.

One of the problems of a child in a difficult situation is a low level of socialization, that is, limited mobility, poor contacts with peers and adults, limited communication with nature and access to cultural values, etc. In modern schools, the main role is assigned to the educational rather than socializing function, the school does not provide children with the necessary set of qualities they need for full integration into society. The limited activity of the school determines the negative attitude of the majority of students towards this institution of education, which does not give him the opportunity to express himself as a person. The reason for the emergence of a difficult situation in the lives of children can be an unsatisfactory level of knowledge, and as a result, a large gap in academic performance between the best and worst students. This is very closely related to the self-esteem of the personality of the child. As a result, children have problems of different directions associated with deadaptation in social relations at school. These problems together can lead to a difficult situation for the child.

V. A. Nikitin in his study describes socialization as “the process and result of the inclusion of an individual in social relations” . It is important to keep in mind that socialization is a process that lasts throughout a person's life. Therefore, one of the main goals of socialization is the adaptation of a person to social reality, which serves as the most possible condition for the normal functioning of society. At the moment, difficult life situations that lead to a low level of socialization of the child include: begging, homelessness and neglect, various types of deviant behavior, as well as illness and disability. The problems that arise in the process of socialization of such children are, first of all, social problems: insufficient forms of social support, inaccessibility of health care, education, culture, and consumer services. Among them, problems of the macro-, meso- and micro-level can be singled out. This set of problems is being solved by the efforts of the entire society and the state aimed at creating equal opportunities for all children.

The Federal Law “On the Basic Guarantees of the Rights of the Child in the Russian Federation” defines the term “children in a difficult life situation”, “these are children, orphans or children left without parental care; disabled children; children with disabilities, that is, those with disabilities in physical and (or) mental development; children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters; children from families of refugees and internally displaced persons; children are victims of violence; children serving sentences of imprisonment in educational colonies; children in special educational institutions; children living in low-income families; children with behavioral problems; children whose life activity is objectively impaired as a result of the circumstances and who cannot overcome these circumstances on their own or with the help of the family.

At the moment, in modern Russia, the problem of child orphanhood, and especially social child orphanhood, is very acute. If earlier these were children whose parents died at the front, today the vast majority of children brought up in orphanages, orphanages, boarding schools have one or both parents, that is, they are social orphans, or orphans with living parents. In the Federal Law "On Additional Guarantees for Social Support for Orphans and Children Left without Parental Care", orphans are "persons under the age of 18 whose both or only parent have died." Children left without parental care are “persons under the age of 18 who were left without the care of a single parent or both parents due to the deprivation of their parental rights, restriction of their parental rights, recognition of their parents as missing, incompetent, declaring them dead, establishment by the court of the fact of the loss of parental care by a person, serving a sentence by parents in institutions executing a sentence of deprivation of liberty, being in places of detention, suspected and accused of committing crimes, evading parents from raising their children or from protecting their rights and interests, refusing to parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases of recognizing children left without parental care in the manner prescribed by law.

It is worth paying attention to such a category of children who find themselves in a difficult life situation, such as children with disabilities or children with disabilities. The health of the Russian population is in critical condition. The results of thorough research testify to the crisis state of health in representatives of all age groups, especially in children. In Russia, as well as throughout the world, there is a tendency for the growth of children with disabilities. Based on the provisions of Law No. 181-FZ and the Family Code of the Russian Federation, “a disabled child is understood to be a person under the age of 18 who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to limitation of life and causing the need for social protection. Children with developmental disabilities are deprived of the channels of obtaining information available to their healthy peers: constrained in movement and use of sensory channels of perception, children cannot master the whole variety of human experience that remains out of reach. They are also deprived of the possibility of subject-practical activity, limited in play activity, which negatively affects the formation of higher mental functions. Violation, lack of development can occur suddenly after an accident, illness, or it can develop and intensify over a long time, for example, due to exposure to adverse environmental factors, due to a long-term chronic disease. A disadvantage, a violation can be eliminated, in whole or in part, by medical and psychological-pedagogical, social means or decrease in its manifestation. At the moment, Russian education, which forms a certain degree of tolerance for children with disabilities, has a humanistic orientation. Networks of medical and rehabilitation institutions, boarding schools, centers for social assistance to families and disabled children, and sports-adaptive schools for disabled people are being created. And yet, this problem remains relevant. A significant part of children with developmental disabilities, despite the efforts made by society to educate and educate them, as adults, are not prepared for integration into socio-economic life. At the same time, the results of research and practice indicate that any person with a developmental defect can, under appropriate conditions, become a full-fledged personality, develop spiritually, provide for themselves financially and be useful to society.

The next category of children who find themselves in a difficult life situation are children - victims of armed and interethnic conflicts, environmental and man-made disasters, natural disasters (children in an extreme situation) - these are children in need of care and help. They should be given the opportunity to study, including religious and moral education, according to the wishes of their parents or, in the absence of parents, of those persons who are responsible for their care. All necessary measures must be taken to facilitate the reunification of temporarily separated families. Children under the age of fifteen are not subject to recruitment into armed forces or groups and are not allowed to take part in hostilities; the special protection afforded to children under the age of fifteen continues to apply to them if they take a direct part in hostilities and are taken prisoner. Where necessary, and where possible, with the consent of their parents or those with primary responsibility for their care, arrangements shall be made for the temporary evacuation of children from the area of ​​hostilities to a safer area inland, while being escorted by persons responsible for their safety. and well-being.

The change in the general geopolitical picture of the world, the aggravation of environmental, demographic and social problems, all this leads to the emergence of such a category of children in a difficult life situation as children from refugee and internally displaced families. Article 1 of the Federal Law "On Refugees" provides the following definition: "a refugee is a person who is not a citizen of the Russian Federation and who, due to well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable to enjoy the protection of that country or is unwilling to enjoy such protection due to such fear; or, having no particular nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear. From Article 1 of the Law of the Russian Federation “On forced migrants”, “a forced migrant is a citizen of the Russian Federation who left his place of residence as a result of violence or persecution committed against him or his family members, or because of a real risk of being persecuted on the basis of race or nationality, religion, language. Citizens of the Russian Federation who left their place of residence as a result of persecution on the basis of belonging to a certain social group or political convictions are also recognized as internally displaced persons. The significance of the problems of families of refugees and internally displaced persons in modern Russian society is actualized in various aspects of an individual's life in the system of personal-environment relations. It is known that during forced migration, the social adaptation of a person is seriously violated: from one natural and social environment, he moves to another, painfully breaking many natural-anthropological ties and artificially creating such ties in a new place. As a result, refugee children often experience psychological trauma when they witness the murder or death of their parents and relatives. As psychologists testify, traumatic events leave a deep imprint in the child's psyche, which remains in his memory for a long time. All children who have experienced psychological shock suffer from its consequences. In addition to many physical and mental disorders, they also have a violation of the process of cognition and behavior in society. The severity of violations and their manifestations is associated, as a rule, with the degree of severity of violence, the presence or absence of bodily injuries in the child himself, as well as the loss or preservation of family support.

Children are the most suggestible and led, unlike adults, and often become victims in various situations. They may be victims of domestic or school violence, be victims of violence on the street.

M.D. Asanova identifies four main types of child abuse: physical abuse is a type of attitude towards a child when he is deliberately placed in a physically vulnerable position, when he is intentionally inflicted with bodily harm or does not prevent the possibility of inflicting it; sexual abuse is the involvement of functionally immature children and adolescents in sexual activities that they perform without fully understanding them, for which they are unable to consent, or that violate the social taboos of family roles; psychological abuse is an act committed against a child that hinders or harms the development of his potential abilities. Psychological abuse includes such chronic aspects of behavior as humiliation, insult, bullying and ridicule of a child; neglect is the chronic inability of a parent or caregiver to provide for the basic needs of a minor child for food, clothing, housing, medical care, education, protection and supervision. With physical neglect, a child may be left without the necessary nutrition corresponding to his age, may be dressed inappropriately for the weather. With emotional abandonment, parents are indifferent to the needs of the child, ignore him, there is no tactile contact. Neglect can manifest itself in the neglect of the child's health, the lack of necessary treatment for him. Neglect of the child's education can be expressed in the fact that the child is often late for school, skips lessons, stays to look after younger children, and so on. The overall goal in working with children who have experienced violence is to reduce and eliminate traumatic experiences, to overcome feelings of inferiority, guilt and shame. In working with a child, it is important to maintain his ability to differentiate interactions with other people, to promote his personal development.

Recently, the increase in juvenile delinquency has been constantly emphasized, there has been an increase in the cruelty and sophistication of the deeds of adolescents, a significant rejuvenation of crime. One of the measures used as a punishment for a child for committing a crime is the deprivation of his liberty. Children sentenced by the court to punishment in the form of deprivation of liberty are sent to educational colonies for correction and re-education. However, according to statistics, many of those who have served their sentences re-commit the crime. All minors serving sentences of imprisonment in educational colonies also represent the category of children who find themselves in a difficult life situation. Adaptation is one of the important aspects that arise when a child is deprived of his liberty. In the conditions of an educational colony, the concept of adaptation should be considered in a broad aspect. Since the essence of the problem will depend on the conditions of serving a sentence: strict, ordinary, light or preferential, since when moving from one condition to another, even within the same colony, the social environment, daily routine, work and educational activities, assessment of prospects change. , the aspirations of the pupil. Almost every convicted teenager has some degree of emotional tension, dissatisfaction with the life situation, a reduced emotional background, as well as some kind of disorder. Getting into an educational colony, a teenager learns what the daily routine is, the rules of conduct. That is why sleep disorders, lethargy, passivity, fatigue are possible. A large place in the general anxiety of a teenager is occupied by all sorts of fears, a feeling of an incomprehensible threat, and the self-doubt associated with this. The main goal of social and pedagogical support is to help the child adapt in an educational colony, and its end result is a successful entry into the team, the emergence of a sense of confidence in relations with members of the team, satisfaction with one's position in this system of relationships.

Thus, from all of the above, we understand that the problem of children who find themselves in a difficult life situation is currently quite acute. Therefore, there is a need for a special attitude towards such children, that is, the need for social and pedagogical support. Depending on the reasons for the emergence of a difficult life situation in a child, and his socio-pedagogical characteristics, it becomes necessary to choose an individual work technology. To date, there are many studies aimed at approaching the compilation and application of technologies for the socio-pedagogical support of children who find themselves in a difficult life situation as efficiently as possible.

Article 15. Protection of the rights of children in difficult life situations

1. Protection of the rights of children in difficult life situations is carried out in various ways. The concept of "children in difficult life situations" is contained in Art. 1.

The responsibilities of state authorities in relation to the protection of children in difficult life situations are distributed depending on whether the child is fully supported by the state in a federal state educational institution or not.

If a child is kept and educated in a federal state educational institution, then his protection is carried out by the state authorities of the Russian Federation in accordance with the legislation of the Russian Federation.

Federal state educational institutions include:

educational institutions in which orphans and children left without parental care are kept (trained and/or brought up) (boarding schools for orphans and children left without parental care with developmental disabilities, general education boarding schools, special (correctional) boarding schools, sanatorium boarding schools);

social service institutions for the population (orphanages, boarding schools for disabled children with mental retardation and physical disabilities, social rehabilitation centers for helping children left without parental care, social shelters);

health care institutions (orphanages);

other similar institutions.

The state, at its own expense, fully provides for the maintenance of children in the institutions listed above, incl. provides them with food, clothes and shoes, books and toys, gives them upbringing and education.

Guarantees for orphans and children left without parental care for the provision of housing, for a decent level of education, for career guidance and job selection are provided on the basis of the Federal Law of December 21, 1996 N 159-FZ "On Additional Guarantees for Social Support for Children orphans and children left without parental care. For example, Art. 7 of the commented Law guarantees orphans and children left without parental care, as well as persons from among orphans and children left without parental care, the provision of free medical care and surgical treatment in a state and municipal medical and preventive institution, incl. h. medical examinations, health improvement, regular medical examinations.

If the appropriate level of guarantees established by law is not provided to the child, then one of the parents, or persons replacing them, the prosecutor, or persons carrying out activities for education, upbringing, development, health protection, social protection and social services for the child.

Decree of the President of the Russian Federation of March 26, 2008 N 404 "On the Creation of a Fund for Supporting Children in Difficult Life Situations" established the Fund for Supporting Children in Difficult Life Situations. The founder of the fund is the Ministry of Health and Social Development of the Russian Federation, and its property is formed at the expense of the federal budget, voluntary property contributions and donations. The chairman and members of the board of the fund are appointed by the Government of the Russian Federation. The creation of the Fund is caused by the need to really promote the implementation of the state family policy, support the institution of the family and protect the interests of children. The main goal of its activity is to stimulate social programs to support children and families in difficult life situations. It implements training programs for specialists in children's institutions, including social shelters and educational colonies, and finances high-tech treatment programs for orphans and children left without parental care.

The protection of all other children in difficult life situations is carried out by the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the constituent entities of the Russian Federation.

For example, in accordance with Art. 27 Law of the Sverdlovsk region of October 23, 1995 N 28-OZ "On the protection of the rights of the child" children from families of refugees and internally displaced persons, children who find themselves in extreme conditions, are under the protection of the state. Registration of refugee children and internally displaced persons in order to provide them with social and legal protection is carried out by the regional migration service in accordance with the current legislation. Refugee and IDP children who have not lost their families are provided with social support. At the place of their actual residence, they are provided with a place in an educational organization, free provision of educational supplies, free treatment in medical organizations and at home.

2. All children, without exception, may need judicial protection. Judicial protection is required in situations where there has been or is a violation of the rights of the child. The state guarantees such protection.

A child who is in a difficult life situation can seek help not only from parents (guardians, trustees). The right to represent the interests of the child is granted to employees of the prosecutor's office, educational, medical institutions, institutions for social protection and social services for the child. The rights of the child can also be defended by the Commissioner for Children's Rights under the President of the Russian Federation or the Commissioner for Children's Rights in the relevant subject of the Russian Federation.

Thus, a medical institution, during a stay in which a child got into a fight with other patients and received harm to health, may apply to the court to protect the interests of the injured child or to the prosecutor's office, which will represent the interests of the child in court. For more information on the child's right to judicial protection, see Art. 23 of the commented Law and the commentary to it.

Judicial protection of the rights of children is carried out in the manner prescribed by procedural legislation. Legal representatives of children, guardians (custodians), guardianship and guardianship authorities and the prosecutor may apply as plaintiffs for the protection of their rights. Legal representatives of minors in accordance with paragraph 1 of Art. 52 Code of Civil Procedure of the Russian Federation may be parents, adoptive parents, guardians, custodians or other persons to whom this right is granted by federal law. The rights and interests of orphans and children left without parental care are protected by guardianship and guardianship authorities.

The guardianship and guardianship body has the right to assume the functions of guardianship or guardianship in relation to the child if a guardian (trustee) is not appointed to the child in need of guardianship (guardianship) within one month. A specialized institution - a shelter, a rehabilitation center in which a child can be temporarily placed while the issue of choosing the form of his permanent placement is being decided, cannot perform the functions of a legal representative, incl. apply to the court for the protection of the interests of the child. The rights and obligations of the guardian (custodian) remain only with the bodies of guardianship and guardianship. * (44)

Prosecutor in the manner prescribed by Art. 45 of the Code of Civil Procedure of the Russian Federation, has the right to apply to the court with a statement in defense of the rights, freedoms and legitimate interests of a citizen, if the child or his legal representatives cannot apply to the court themselves. Regardless of whether the child or his legal representatives can independently apply to the court, the prosecutor has the right to apply to the court with a statement, the basis of which is the appeal to him of citizens about the protection of violated or contested social rights, freedoms and legitimate interests in the field of:

labor (service) relations and other directly related relations;

protection of the family, motherhood, fatherhood and childhood;

social protection, including social security;

ensuring the right to housing in state and municipal housing stocks;

health care, including medical care;

ensuring the right to a healthy environment;

education.

An orphan child or a child left without parental care can independently protect their rights upon reaching the age of 18. For example, if such a child was not provided with housing after the end of his stay on full state support in a children's institution, then he has the right to either apply for protection to the prosecutor or independently defend his right to housing in court by filing a claim with the relevant state authorities for provision housing.

3. Activities to protect the rights of children in difficult life situations are carried out by public associations (organizations) and other non-profit organizations, incl. international associations (organizations) represented by branches in the Russian Federation.

For example, the Center for Curative Pedagogy, which has been operating in Moscow as a public organization since 1989, provides effective rehabilitation and educational assistance to children with severe developmental disabilities. The Center conducts personnel training for specialists from children's institutions, state and non-state organizations, participates in the development of an integrative education system for children with disabilities, and provides psychological assistance to families with children with developmental disabilities. The Center organizes comprehensive information and legal support for parents (up to the consideration of issues in court), aimed at realizing the rights of children with disabilities to education and rehabilitation.

Since 2005, the Center's specialists have repeatedly participated in lawsuits to protect the rights of children to develop an individual development program and pay compensation to parents who paid for rehabilitation measures included in the individual development program in non-governmental organizations. Thus, the organization has repeatedly defended the right of disabled children to rehabilitation.

In protecting the rights to education, the Center managed to resolve many issues out of court. After a lengthy correspondence with educational institutions and educational authorities, parents began to receive a fixed compensation in the amount of the cost per child in an educational institution in the event of choosing a family form of education for their child with severe developmental disabilities. * (45)

The tax legislation of the Russian Federation provides for a number of benefits for organizations engaged in activities to protect the rights of children in difficult life situations. The Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation dated September 18, 2009 N 03-05-04-02 / 72 states that, by virtue of clause 3 of Art. 381 and paragraph 5 of Art. 395 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), the following organizations of disabled people are exempted from paying corporate property tax and land tax at the federal level:

1) all-Russian public organizations of the disabled (including those established as unions of public organizations of the disabled), among whose members the disabled and their legal representatives make up at least 80 percent, in relation to property and land used to carry out their statutory activities;

2) organizations, the authorized capital of which consists entirely of the contributions of the indicated all-Russian public organizations of the disabled, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to property and land plots used for the production and (or) sale of goods (with the exception of excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of the disabled), works and services (with the exception of brokerage and other intermediary services);

3) institutions, the sole owners of whose property are the indicated all-Russian public organizations of disabled people, in relation to property and land plots used by them to achieve educational, cultural, health-improving, physical culture and sports, scientific, informational and other goals of social protection and rehabilitation of disabled people , as well as to provide legal and other assistance to the disabled, disabled children and their parents.

4. When regulating judicial and some extrajudicial procedures related to the participation of children and the protection of their rights and legitimate interests, it is mandatory to take into account the opinion of the child. Of course, the child must reach the age at which he is able to express his opinion in a form accessible to everyone around him. As a rule, the opinion of a child who has reached the age of 10 is taken into account. on any issue concerning him (Article 57 of the RF IC). including it should be taken into account by the body of guardianship and guardianship.

The UN Convention on the Rights of the Child contains a provision on the right of the child to express his opinion in resolving any issue affecting his interests, incl. to be heard in any judicial and administrative proceedings affecting his interests.

By law, the opinion of the child is taken into account when:

choice by parents of an educational institution, form of education (clause 2, article 63 of the RF IC);

resolution by parents of issues related to family upbringing of children, their education (clause 2, article 65 of the RF IC);

resolution by the court of a dispute about the place of residence of children when the parents live separately (clause 3, article 65 of the RF IC);

consideration of the claim of the child's relatives for the removal of obstacles to communication with him (clause 3 of article 67 of the RF IC);

consideration of the claim of parents for the return of their children (clause 1 of article 68 of the RF IC);

refusal of a claim for the restoration of parental rights (clause 4, article 72 of the RF IC);

refusal to satisfy the claim for the abolition of the restriction of parental rights in court (clause 2, article 76 of the RF IC);

consideration of cases on disputing a record of paternity (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 N 9 "On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony").

Taking into account the opinion of the child means that his opinion is necessarily heard and taken into account when making a decision. Parents, as a rule, resolve all issues related to the upbringing and education of children by their mutual agreement, based on the interests and taking into account the opinions of the children.

In accordance with Art. 157 Code of Civil Procedure of the Russian Federation the court when considering cases, incl. concerning the fate of children, is obliged to directly examine the evidence in the case, including:

hear the explanations of the parties and third parties, the testimony of witnesses, the conclusions of the guardianship and guardianship authority, consultations and explanations of specialists;

read written evidence;

examine physical evidence;

listen to audio and watch videos.

When deciding which parent the child will live with after the divorce and how often he will communicate with the other parent, the court is obliged to take into account the opinion of the child who has reached 10 years of age (clause 2, article 24 of the RF IC). In case of disagreement with the opinion of the child, the court is obliged to substantiate the reasons why it considered it necessary not to follow the child's wishes.

The opinion of a child left without parental care is taken into account by the guardianship and guardianship body in cases of appointing a guardian or trustee, transferring him to a foster family, adoption or termination of guardianship, guardianship and transferring the child to a children's institution.

5. If law enforcement procedures are being carried out with respect to a child, then the obligatory conditions for making final decisions or taking actions in relation to the child are ensuring the priority of the personal and social well-being of the child, taking into account his interests, age and social status of the child.

The concept of "child consideration" is contained in principle 2 of the Universal Declaration of Human Rights of 1948, according to which the child must be provided with special protection by law and other means and provided with opportunities and favorable conditions that would allow him to develop physically, mentally, morally, spiritually and socially in a healthy and normal way and in conditions of freedom and dignity. In legislating for this purpose, the best interests of the child should be the primary consideration. In addition, principle 7 of the Declaration establishes the best interests of the child as a guiding principle for parents and others who have responsibility for the education and training of the child.

The UN Convention on the Rights of the Child uses the concept of "the best interests of the child". According to this Convention:

Parents or, where applicable, legal guardians have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern (art. 18);

a child who is temporarily or permanently deprived of his family environment, or who, in his own best interests, cannot remain in such an environment, is entitled to special protection and assistance provided by the state (art. 20).

In national law, incl. in the commented article, the concept of "the best interests of the child" was transformed into two more specific separate concepts - "ensuring the priority of the personal and social well-being of the child" and "the interests of the child".

Family law contains many norms that indicate to the court, guardianship and guardianship authorities, other bodies and interested parties the need to take into account the interests of the child when resolving issues related to his fate, for example:

1) in the interests of the child himself and taking into account the priority of his personal and social well-being in the event of a child being placed for adoption, the secrecy of adoption is protected by law;

2) in the interests of the child, the court may depart from the general rule on the impossibility of being adoptive parents to persons whose housing does not meet sanitary and technical standards, and still transfer the child to such a person who, by his personal qualities, is suitable for the role of an adoptive parent and is able to take care of the child. The obligation to establish compliance with the interests of the child is assigned to the guardianship and guardianship authority, which prepares an opinion on the validity of the adoption and provides it in court (clause 2 of article 125 of the RF IC);

3) in order to protect the rights and legitimate interests of the adopted child, the guardianship and guardianship body at the place of residence of the adopted child exercises control over the conditions of his life and upbringing. A follow-up examination is carried out during the first three years, and if necessary, periodic examinations can be carried out until the child reaches 18 years of age;

4) permission to change the name or surname of the child is given by the guardianship and guardianship authorities only on the basis of the interests of the child (Article 59 of the RF IC);

5) the court may refuse a claim for invalidation of a marriage entered into with a person who has not reached the age of marriage, if this is required by the interests of the minor spouse (Article 29 of the RF IC);

6) by virtue of their position, parents have the right to demand the return of the child from any person who retains him not on the basis of law or on the basis of a court decision. When considering these claims, the court is not bound by the rights of the parents and may refuse to satisfy their claim if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child (clause 1, article 68 of the RF IC).

6. Part 4 of the commented article defines the protection of the rights of children, when regulating extrajudicial procedures related to the participation of children and (or) protecting their rights and legitimate interests, as well as when deciding on penalties that may be applied to minors who have committed offenses.

The juvenile justice system is primarily concerned with the welfare of the juvenile and ensuring that any action taken against juvenile offenders is always commensurate with both the personality of the offender and the circumstances of the offence.

Therefore, court decisions in respect of minors should be made only after a full study of all the materials of the case, incl. personality traits of the child, his age and social status, with the imposition of penalties that may be applied to minors, and not in conflict with the generally recognized principles and norms of international law, the norms provided for by international treaties of the Russian Federation.

So, for example, in Art. 431 of the Code of Criminal Procedure of the Russian Federation, the legislator provides for minors the possibility of replacing criminal prosecution with the use of compulsory educational measures. Compulsory educational measures may be imposed if during the preliminary investigation of a criminal case on a crime of small or medium gravity it is established that the correction of a minor accused can be achieved without the application of punishment. At the same time, when making a final decision, the court evaluates the behavior of the accused during the preliminary investigation (observance of the chosen measure of restraint, his appearance when summoned to the preliminary investigation bodies), as well as his readiness to make amends for the harm caused.

Usually, criminal cases involving juveniles are brought to ordinary courts of general jurisdiction. However, in some subjects, juvenile courts have been established on an experimental basis. It is perhaps too early to judge the results of their work. The main tenet of juvenile justice is that children cannot be judged as adults. There are no bars in the courtrooms, the judge calls teenagers exclusively by name, avoiding the address "defendant", strangers are not allowed into the hall, while the defendant, lawyer, prosecutor and victim sit at the same pentagonal table. * (46) Most often, teenagers are sentenced to juvenile courts to suspended sentences, correctional labor and forced education in a closed special school. In addition, the courts often take private submissions to the employment center, to the commission for minors, to social security services, i.e. those instances that can help the child in the future to resolve the difficulties that prompted him to commit a crime.

In general, juvenile justice leads to a decrease in the growth of juvenile delinquency, incl. reducing recidivism, as it allows for a more careful consideration of the individual characteristics of children.

Despite the efforts made, the Russian justice system is largely imperfect and does not comply with the provisions of the UN Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), approved by UN General Assembly Resolution 40/33 on November 29, 1985. In particular, 8.2. of these rules indicates that, in principle, no information should be published that could lead to the identification of a juvenile offender. However, the Criminal Code of the Russian Federation does not contain any restrictions on the publication of information about minors, and during the preliminary investigation such information may well be freely disclosed at the discretion of the investigator or prosecutor.

Unfortunately, Russia does not borrow the positive experience of Western countries in implementing special programs to support the reconciliation of a minor offender and victim, organizing public supervision of a minor released from punishment. * (47)