Наталья Ключевская
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Соответствующий документ направлен на независимую антикоррупционную экспертизу, которая продлится до 27 октября.
Предлагается уточнить абз. 2 п. 2 ст. 36 Гражданского кодекса, который в настоящее время закрепляет обязанность опекунов и попечителей извещать органы опеки и попечительства о перемене места жительства. Поправками планируется заменить эту обязанность на обязанность согласовывать с органами опеки и попечительства вопрос о перемене места жительства несовершеннолетних подопечных. При этом дополнительно предусматривается освобождение от указанной обязанности попечителей совершеннолетних граждан, ограниченных судом в дееспособности (за исключением попечителей граждан, ограниченных судом в дееспособности вследствие психического расстройства).
Авторы инициативы1 считают излишним установление ограничения права опекуна (попечителя) на свободу передвижения и выбор места жительства. «Поскольку полномочия органа опеки и попечительства в отношении подопечного возлагаются на орган опеки и попечительства, который установил опеку или попечительство, положение законопроекта об обязанности опекуна (попечителя) согласовывать с органами опеки и попечительства вопрос о перемене места жительства подопечных в полной мере согласуется с задачей органов опеки и попечительства по защите прав и интересов подопечного», – подчеркивается в пояснительной записке к документу.
В случае одобрения законопроекта предусмотренные им изменения вступят в силу с 1 января 2021 года. Предполагается, что их внесение позволит исключить случаи ухудшения опекунами (попечителями) условий проживания подопечных при перемене места жительства._____________________________
1 С текстом законопроекта «О внесении изменений в статью 36 части первой Гражданского кодекса Российской Федерации» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 04/13/10-19/00096128).
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