Leningrad Commissioner secured return of child to guardian

01 December 2017

In the Leningrad Region, the court with the direct participation of Commissioner for human rights Sergey Shabanov abolished the decision of the head of the Vsevolozhsk District Administration to transfer the seven-year-old girl for being brought up from her grandmother to the father who had multiple criminal records.

In May of this year, citizen I., who was convicted three times and was isolated from the community for more than 15 years and who is currently serving a sentence of deprivation of liberty, demanded that his daughter, who lived with her grandmother, should be given to him for upbringing. The Guardianship and Trusteeship Department of the Committee for Social Affairs of the Vsevolozhsk District Administration satisfied his demand.

Given the extraordinary nature of the situation and the great public resonance that this story evoked, Sergei Shabanov sent a letter to the Vsevolozhsky Municipal Court requesting him to be involved in the proceedings as a governing body for giving the opinion on the case. This request was granted.

On November 28, a court session took place, during which the ombudsperson announced a number of evidences of the illegitimacy of the guardianship authority’s actions.

In particular, the Commissioner refuted the conclusion of the act of examining the housing and living conditions of citizen I., according to which sufficient conditions for the residence of a minor child were created in the apartment. In addition, I. did not have a permanent job and skills of care and raising of a child, that means that he was unable to ensure the fulfillment of parental responsibilities.

As a result of the court’s decision, the child remained under the care of the grandmother who regained the status of a guardian.

Adapted from the press service of the Commissioner for Human Rights in the Leningrad Region

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