LIABILITY OF PARENTS-EDUCATORS FOR VIOLATION OF THE AGREEMENT ON THE ORGANIZATION OF ACTIVITIES OF A FAMILY-TYPE CHILDREN’S HOME

Abstract

The article examines the specifics of the civil liability of parents-educators for non-fulfillment and improper fulfillment of obligations under the agreement on the organization of the familytype children's home. It has been established that an important feature of contractual liability for breach of the contract under investigation is that the legal grounds for the application of liability measures are not only non-fulfillment or improper fulfillment by the parties of obligations fixed in the content of the contract, but also obligations stipulated by acts of current legislation, aimed at regulating contractual legal relations, which is due to the prevalence of the imperative method of legal regulation of relations mediated by the activities of a family-type children's home. It is emphasized that, since the main obligations of the parents-educators under the contract are the upbringing of orphans and children deprived of parental care, care for them, ensuring their harmonious development, etc., the purpose of applying legal consequences of violation of contractual obligations to the parents-educators are not the restoration of the property rights and interests of the body of guardianship and care or children or the compensation of material losses suffered by them as a result of the violation, but, above all, the direct protection of the rights and interests of children in terms of eliminating the threat to their life, health, physical and mental development. It has been proven that the adoption of a decision by the body of guardianship and care to terminate the operation of the family-type children’s home due to the violation by the parents-educators of their obligations under the contract is valid only after the body of guardianship and care applies to the court and the court makes a decision to terminate the contract in question. Taking into account the legal nature and content of quasifamily legal relations, mediated by the contract under study, which are different from the nature and content of family legal relations, it is argued that measures of family legal responsibility cannot be applied to parents-educators.