PECULIARITIES OF THE LEGAL STATUS OF PARENTS-EDUCATORS AS PARTIES TO THE CONTRACT ON THE ORGANIZATION OF ACTIVITIES OF A FAMILY-TYPE ORPHANAGE

Abstract

The article carries out a legal analysis of the peculiarities of the special legal status of parentseducators as parties to an agreement on the organization of the activities of a family-type orphanage, which should be understood as a category that reflects and specifies the peculiarities of their legal position as separate legal subjects, endowed with special legal capacity and legally defined scope of rights and responsibilities in connection with their participation in complex, branch-specific relations concerning the placement of orphans and children deprived of parental care in a family-type orphanage. It has been established that the potential possibility of acquiring the legal status of parents-educators is not related to their having the family legal status of a spouse, i.e. persons who are in a registered marriage, but on the contrary, it is also provided for a single person regardless of gender. Against the background of the growing trend in the number of couples choosing actual cohabitation, the undeclared possibility of de facto spouses to acquire the status of parents-educators has been criticized, which is perceived, on the one hand, as a violation of the principle of non-discrimination, and on the other hand, as an incentive for a man and a woman to enter into marriage under the threat of a ban on creating a family-type orphanage. The latter is rather negative in the context of the implementation and achievement of the goals of the deinstitutionalization reform, because it does not contribute to the expansion of the network of family-type orphanages in our country due to the limitation of the range of subjects who can be parents-educators. Based on the analysis of current legislation, the requirements for acquiring the status of parent-educators are classified into the following groups according to the criterion of content: 1) medical and social requirements; 2) antideviant requirements; 3) marital requirements; 4) requirements related to citizenship; 5) socioeconomic requirements; 6) professional and pedagogical requirements. It has been established that the successful fulfillment of the above-mentioned requirements mediates the possibility of persons acquiring the basic rights and obligations of parents-educators, which form their special legal status and determine their peculiarities as parties to the contract.