Abandoned Children Linger Unattended, Distance Measured in Meters
Last year, a controversial law came into effect, significantly impacting the living conditions of orphans in Moscow. Lawyers at the charitable center "Participation in Fate" have been inundated with over 100 inquiries about this issue since its implementation. The law, although noticed by few, has proved to be quite significant.
The law, titled "On Additional Guarantees for Social Support of Orphans and Children Left Without Parental Care," has set new conditions for orphans seeking improved housing in Moscow. Regions have the freedom to implement their own support measures, and about a third of regions, including Moscow, exercise this right. However, with the implementation of law No. 40 last year, the capital has tightened its list.
The primary change is that the square footage per person required for an orphan to qualify for new housing has been reduced from 18 to 10 square meters. Further, cohabitation with individuals who are not family members is no longer a basis for obtaining new housing. Lastly, the automatic ban on living with parents who have been stripped of their parental rights has been lifted, meaning orphans must now go to court to demand an exchange of such an apartment.
While additional support measures exist in regions like the struggling republic of Karelia and the Bryansk region, they are not available in the Moscow region. In Moscow, an orphan can no longer qualify for new housing based on cohabitation with a non-family member.
Sadly, several unfortunate cases highlight the impact of this law. Elena, a girl with a disability, was promised an apartment this year, but due to sharing an apartment with a stranger, she now faces a court battle. Another case involves Sergei, an orphan living in a one-room apartment with an individual with a criminal and administrative record. According to Moscow's legislation, Sergei does not require new housing, despite his living conditions. Lastly, Leonid, despite owning a mere fraction of a two-room apartment, is considered adequately housed.
When asked about these changes, the head of the "Participation in Fate" center, Alexei Golovan, expressed concern about orphans being reviewed and removed from the list of those eligible for better housing conditions. At a meeting in the Moscow City Duma, he questioned the need for a law that reduces housing guarantees for orphans, but the response from Deputy Kirill Shitov and the Moscow mayor's press service focused on aligning Moscow's legislation with federal laws. Despite some success in courts of first instance, Alexei Golovan believes the best solution is to restore all housing guarantees taken away from orphans.
In the broader context, recent legislative developments and administrative practices in other parts of Russia-controlled territories include adoption restrictions and property seizures in occupied territories, but there's no direct link to Moscow's housing laws for orphans. To gain a more accurate understanding, consult the Moscow City Duma's legislative updates or the Russian Family Code amendments.
- The law titled "On Additional Guarantees for Social Support of Orphans and Children Left Without Parental Care" has resulted in a reduction of housing guarantees for orphans in Moscow, as the square footage per person required for an orphan to qualify for new housing has been lowered from 18 to 10 square meters.
- The law implemented in Moscow last year has also altered the criteria for housing eligibility, as cohabitation with non-family members is no longer a basis for obtaining new housing.
- The head of the charitable center "Participation in Fate," Alexei Golovan, has expressed concern about orphans being removed from the list of those eligible for improved housing conditions, citing several unfortunate cases like Elena, who was promised an apartment but faces a court battle due to sharing an apartment with a stranger, and Sergei, living in poor conditions despite being an orphan.
- Despite the concerns raised by Alexei Golovan, the Moscow City Duma and the Moscow mayor's press service have justified the changes in the housing laws by aligning them with federal laws, emphasizing the need to harmonize the local regulations with the national policies and legislation.
