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Progress Publishers

Moscow

[1]

Translated from the Russian by Jane Sayer

Designed by G. Chemigova

Compiled by: V. N. Tolkunova, D. Sc. (Law)-Sections I, VI; E. G. Azarova, Cand. Sc. (Law)-Sections II-V

CoBercKoe

Ha anznuucKOM astaice

REQUEST TO READERS

Progress Publishers would be glad to have your opinion of this book, its translation and design and any suggestions you may have for future publications.

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__COPYRIGHT__ © HsnatenbCTBo ..lOpiwHiecKaa mrrepaTypa" 1979
English translation of the revised Russian text ©
Progress Publishers 1982
Printed in the Union of Soviet Socialist Republics

11001--489 014 (01) -82
45---82

1201000000~ [2] CONTENTS Page Introduction.................................. 11 Section I GENERAL ENACTMENTS Constitution (Fundamental Law) of the Union of Soviet Socialist Republics. Ratified by the Supreme Soviet of the USSR on 7 October 1977 (Extract)................... 17 On Citizenship of the USSR. Law of the Union of Soviet Socialist Republics on Citizenship of the USSR of 1 December 1978 (Extract).............................. 20 Fundamentals of Legislation of the USSR and the Union Republics. Ratified by the Law of the USSR of 8 December 1961 (Extract)................................. 24 The Civil Code of the RSFSR. Ratified by Law of the RSFSR of 11 June 1964 (Extract)......................... 26 Statute of State Labour Savings Banks of the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 11 July 1977, No. 623 (Extract)................... 32 Rules on Management of the Property of Minors Under Guardianship. Custody and Transfer of Such Property. Ratified by the Ministry of Education of the RSFSR in Agreement with the Ministry of Finance of the RSFSR of 30 October 1969 (Extract)................................. 32 On the Protection of the Property Rights of the Inmates of Children's Homes. Instruction of the People's Commissariat for Education of the RSFSR, No. 592 of 29 April 1944 (Extract)..................................... 34 The Civil Procedural Code of the RSFSR. Ratified by Law of the RSFSR of 11 June 1964 (Extract) ............... 35 3 Section II THE CHILD'S RIGHTS WITHIN THE FAMILY Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family. Ratified by Law of the USSR of 27 June 1968......................... 37 The Law of the Union of Soviet Socialist Republics on Ratification of the Legislation of the USSR and the Union Republics on Marriage and the Family. Law of the USSR of 27 June 1968 (Extract)......................... 45 The Code of the RSFSR on Marriage and the Family. Ratified by Law of the RSFSR of 30 July 1969 (Extract)....... 45 Section III ON THE PROTECTION AND DEFENCE OF CHILDHOOD Fundamentals of Legislation of the USSR and the Union Republics on Public Health. Ratified by Law of the USSR of 19 December 1969 (Extract) ....................... 61 On Measures for Increasing State Assistance to Families with Children. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 22 January 1981, N235 (Extract)................................. 66 The Code of Labour Legislation of the RSFSR. Ratified by Law of the RSFSR of 9 December 1971 (Extract)....... 70 On General Military Service. Law of the USSR of 12 October 1967 (Extract)............................. 73 On Measures to Further Improve the Medical Service and Protection of the Health of the Population of the USSR. Resolution of the CPSU Central Committee and Council of Ministers of the USSR of 14 January 1960, No. 58 (Extract) ...... 74 On Abolition of Payment for Keeping Tubercular Children in Children's Sanatoria. Resolution of the Council of Ministers of the USSR of 28 December 1965, No. 1128 (Extract)...... 75 Model Collective Farm Rules. Adopted by the Third AilUnion Congress of Collective Farmers and Ratified by Resolution of the CPSU Central Committee and the Council of Ministers of the USSR of 28 November 1969, No. 910 ( Extract) ....................................... 75 On the Fundamental Rights and Duties of Township and 4 Village Soviets of Working People's Deputies. Decree of the Presidium of the Supreme Soviet of the USSR of 8 April 1968 (Extract)..................................... 76 On the Fundamental Rights and Duties of City and District Soviets of Working People's Deputies in Towns. Decree of the Presidium of the Supreme Soviet of the USSR of 19 March 1971 (Extract)............................ 77 Statute on the Ministry of Public Health of the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 17 July 1968, No. 548 (Extract)..................... 78 Statute on State Sanitary Supervision in the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 31 May 1973, No. 361 (Extract)................... 79 Statute on the Ministry of Education of the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 7 January 1969, No. 7 (Extract) ................... 79 Statute on the Railways of the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 6 April 1964, No. 270 (Extract)............................... 80 On the Further Development and Improvement of Family Holidays at Health Resorts and Tourist Establishments of Trade Unions. Resolution of the Presidium of the A UCCTU of 28 March 1975,Protocol No. 7, Paragraph 15 (Extract)..... 80 Statute on Infant's Homes. Ratified by Decree of the Ministry of Public Health of the USSR of 19 January 1976, No. 52 (Extract)..................................... 81 Statute on Commissions for the. Affairs of Minors. Ratified by Decree of the Presidium of the Supreme Soviet of the RSFSR of 3 June 1967 (Extract).................. 82 Statute on Public Educators of Minors. Ratified by Decree of the Presidium of the Supreme Soviet of the RSFSR of 13 December 1967 (Extract).......................... 86 On the Fundamental Duties and Rights of Inspectors for the Affairs of Minors, Reception and Distribution Centres for Minors and Special Educational Establishments for Preventing Neglect of and Infringements on the Law by Minors. Decree of the Presidium of the Supreme Soviet of the USSR of 15 February 1977 (Extract).......................... 87 Fundamentals of Criminal Legislation of the USSR and the Union Republics. Ratified by Law of the USSR of 25 December 1958 (Extract).......................... 92 5 Fundamentals of Criminal Procedure of the USSR and the Union Republics. Ratified by Law of the USSR of 25 December 1958 (Extract).......................... 96 The Criminal Code of the RSFSR. Ratified by Law of the RSFSR of 27 October 1960 (Extract)................. 97 On Measures to Step Up the Struggle Against Drunkenness and Alcoholism. Decree of the Presidium of the Supreme Soviet of the RSFSR of 19 June 1972 (Extract) ............... 100 On the Amnesty in Connection with the International Year of the Child. Decree of the Presidium of the Supreme Soviet of the USSR of 19 October 1979 (Extract).............. 101 Section IV THE RIGHT OF CHILDREN TO EDUCATION AND UPBRINGING Fundamentals of Legislation of the USSR and the Union Republics on Education. Ratified by Law of the USSR of 19 July 1973 (Extract)...........:................... 103 On Public Education. Law of the RSFSR of 2 August 1974 (Extract)..................................... 114 On Measures to Further Develop Pre-School Child-Care Institutions, Improve the Upbringing and Medical Care of Children of Pre-School Age. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 21 May 1959, No. 558 (Extract)................... 115 On Measures to Further Develop the Network of Pre-School Child-Care Institutions on Collective Farms. Resolution of the Council of Ministers of the USSR of 17 March 1973, No. 162 (Extract)................................... 116 On the Size of Payment by Parents for the Maintenance of Children in Kindergartens and Creches. Resolution of the Council of Ministers of the RSFSR of 12 August 1948, No. 845 (Extract)..................................... 117 On Measures to Improve the Work of the General Secondary School. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 10 November 1966, No. 874 (Extract)............................... 118 Rules of the General Secondary School. Approved by Resolution of the Council of Ministers of the USSR of 8 September 6 1970, No. 749 (Extract) ........................... 119 On the Organisation of Interschool Study and Production Combines for the Vocational Instruction and Careers' Guidance of Pupils. Resolution of the Council of Ministers of the USSR of 23 August 1974, No. 662 (Extract) ................. 121 On the Organisation of Extended-Day Schools. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 15 February 1960, No. 182 (Extract)..... 122 On Measures to Further Develop the Economy and Culture of the Peoples of the North. Resolution of the Council of Ministers of the USSR of 21 April 1967 (Extract)............ 123 Model Rules of the Internal Labour Discipline of a Collective Farm. Approved by Resolution of the Council of Collective Farms of 4 March 1970 ('Extract).................. 123 On Measures to Further Improve the Working Conditions of the Rural General School. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 2 July 1973, No. 471 (Extract).................... 124 On the Transition to Free Use of Textbooks by Pupils in General Schools. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 24 November 1977, No. 1029 (Extract) .................... 125 On the Further Improvement of the Instruction and Upbringing of Pupils in General Schools and their Training for Work. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 22 December 1977, No. 1111 (Extract).............................. 125 On Additional Measures for a Further Improvement in the Health Protection of Pupils. Order of the Ministry of Public Health of the USSR of 13 March 1978, No. 210 (Extract) 128 On Improvement of the Organisation of the Individual Instruction of Sick Children at Home. Letter of the Ministry of Education of the USSR of 5 May 1978, No. 28-M (Extract) 129 On the Procedure for the Admission of Children and Adolescents to General Boarding Schools and Children's Homes. Resolution of the Council of Ministers of the USSR of 31 January 1975, No. 90 (Extract).................... 130 Model Statute on the General Boarding School. Ratified by Order of the Ministry of Education of the USSR of 23 June 1978, No. 97 (``Extract) ........................... 131 Model Statute of a Children's Home. Ratified by Order of the Ministry of Education of the USSR of 12 October 1978, 7 No. 144 (Extract)............................... 133 Model Statute on the House of Pioneers. Ratified by the Ministry of Education of the USSR on 21 October 1976 ( Extract) ...................................... 136 Statute on the Country Young Pioneer Camp. Ratified by Resolution of the Presidium of the All-Union Central Council of Trade Unions and the Bureau of the Central Committee of the Young Communist League of 16 March 1976,Non-4/B-35/la (Extract)..................................... 137 On the Setting of the Duration of the Treatment of Children in Sanatorium-Type Young Pioneer Camps. Resolution of the Secretariat of the All-Union Central Council of Trade Unions of 6 July 1973 (Extract) .......................... 138 On Privileges for Students in Vocational and Technical Educational Establishments Who Are Complete Orphans, Deprived of Parental Care, or Children of Category I and II Disabled Veterans of the Great Patriotic War. Resolution of the Council of Ministers of the USSR of 23 April 1975, No. 315 (Extract) 139 Statute on Specialised Secondary Educational Establishments of the USSR. Ratified by Resolution of the Council of Ministers of the USSR of 22 January 1969, No. 65 (Extract)......... 140 Instruction -on the Procedure for the Allocation and Payment of Grants to the Students of Specialised Secondary Educational Establishments. Ratified by Order of the Minister of Higher and Specialised Secondary Education of the USSR of 18 April 1972, No. 305 (Extract) .......................... 141 On the Rates for Travel by Intercity Bus for Students of Specialised Secondary Educational Establishments, Vocational and Technical Schools and for Schoolchildren During the Winter Holidays. Resolution of the Council of Ministers of the RSFSR of 8 December 1964, No. 1521 (Extract) ............... 142

Section V SOCIAL SECURITY FOR CHILDREN On State Pensions. Law of the USSR of 14 July 1956 ( Extract) ....................................... 143 Statute on the Procedure for the Granting and Payment of State Pensions. Ratified by Resolution of the Council of Ministers of the USSR of 3 August 1972, No. 590 (Extract)...... 146 On Pensions and Allowances to the Families of Collective Fanners. Law of the USSR of 15 July 1964 (Extract)....... 146 8 Statute on the Procedure for the Granting and Payment of Pensions to Members of Collective Farms. Ratified by Resolution of the Council of Ministers of the USSR of 17 October 1964, No. 859 (Extract) .......................... 148 Statute on the Procedure for the Grant and Payment of Allowances to Pregnant Women, Mothers of Large Families and Unmarried Mothers. Ratified by Resolution of the Council of Ministers of the USSR of 12 August 1970, No. 659 (Extract) On the Payment of Allowances for the Children of Conscripted Members of the Armed Forces. Resolution of the Council of Ministers of the USSR of 25 October 1963, No. 1108 ( Extract) ....................................... 152 On the Further Increase in the Material Assistance to LowIncome Families with Children. Resolution of the CPSU Central Committee and the Council of Ministers of the USSR of 12 September 1974, No. 748 (Extract)................. 152 On the Improvement of the Material Provision for Persons Disabled from Birth. Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 23 May 1979, No. 469 (Extract) .......................... 153 Statute on the Procedure for the Granting and Payment of Child Allowances to Low-Income Families. Ratified by Resolution of the Council of Ministers of the USSR of 25 September 1974, No. 752 CExtract) ..................... 153 Statute on the Procedure for the Granting and Payment of State Social Security Benefits. Ratified by Resolution of the Presidium of the AUCCTU of 5 February 1955 in Accordance with the Resolution of the Council of Ministers of the USSR of 22 January 1955, No. 113 (Extract)................... 155 Statute on the Procedure for the Granting and Payment of State Social Security Benefits to Members of Collective Farms. Ratified by Resolution of the Union Council of Collective Farms of 4 March 1970 and the Resolution of the Presidium of the AUCCTU of 15 April 1970 (Extract)............... 156 On the Granting of Medical Certificates and the Payment of Allowances to Women Adopting New-Bom Babies. Resolution of the Council of Ministers of the USSR of 18 February 1966, No. 127 (Extract)............................... 158 On Measures to Improve the Provision of Citizens with Prosthetic and Orthopaedic Assistance. Resolution of the Council of Ministers of the RSFSR of 20 October 1961, No. 1329 (Extract)..................................... 158 9 Standard Statute on Homes for the Aged and Infirm, Ratified by Resolution of the State Committee of the Council of Ministers of the USSR on Labour and Social Questions of 20 June 1978, No. 202 (Extract)....................... 159 Statute on the Children's Home for Mentally Handicapped Children of the Ministry of Social Security of th/e RSFSR. Ratified by Decree of the Ministry of Social Security of the RSFSR of 6 April 1979, No. 35 (Extract) .................... 160 Section VI LABOUR PRIVILEGES FOR ADOLESCENTS Fundamentals of the Labour Legislation of the USSR and the Union Republics. Ratified by Law of the USSR of 15 July 1970 (Extract)........ .-........................ 163 The Code of Labour Laws of the RSFSR. Ratified by Law of the RSFSR of 9 December 1971 (Extract)............... 167 Statute on Commissions for the Affairs of Minors. Ratified by Decree of the Presidium of the Supreme Soviet of RSFSR of 3 July 1967 (Extract).......................... 175 On the List of Types of Production, Trades, Specialities and Jobs in Which It Is Forbidden to Employ Persons Under the Age of Eighteen. Resolution of the State Committee of the Council of Ministers of the USSR On Questions of Labour and Wages of 29 August 1959, No. 629 (Extract)............. 175 On the Maximum Weights Permitted for Adolescents to Carry and Move. Mandatory Resolution of the RSFSR People's Commissariat for Labour of 4 March 1921 (Extract)........ 176 Statute on the Rights of Factory and Local Trade Union Committees. Ratified by Decree of the Supreme Soviet of the USSR of 17 September 1971 (Extract)................. 177 Model Rules of a Collective Farm. Adopted by the Third Ail-Union Congress of Collective Farmers and Ratified by Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of 28 November 1969, No. 910 ( Extract) ....................................... 178 Model Rules for the Internal Regulations of the Collective Farm. Ratified by Resolution of the All-Union Council of Collective Farms of 4 March 1970 (Extract)................ 178 SUBJECT INDEX.............................. 179 [10] __ALPHA_LVL1__ INTRODUCTION

The year 1979 was the twentieth anniversary of the UN Declaration of the Right of the Child.

The UN General Assembly's resolution of December 21 1976, proclaiming 1979 The International Year of the Child, pointed out that the lYC's overall goals were to encourage a deeper comprehension of the special needs of children by makers and by the general public, as well as to promote understanding that programmes for children must constitute an integral part of plans for economic and social development so that there might be continuous activities in the interests of children on both the national and the international level.

The International Year of the Child made it possible to involve both the public and the government in each country in seeking solutions to many of the problems of childhood. Peace, the national independence of peoples, freedom, democracy and social progress constitute the main conditions for and guarantees of the exercise of children's rights, of the normal development of each individual child, and of a happy childhood.

Children are the future of mankind and are more valuable than anything else in the world. All adults are responsible for what happens to them. Children constitute a third of the Earth's population.

The International Year of the Child was no one-time event, but the beginning of a whole period of activities to ensure that all children enjoy the right to life, health, education and well-being.

The Women's International Democratic Federation 11 (WIDF) has noted that the protection of children's rights is directly linked with' the problems facing both women and society as a whole, which is responsible for the children's future. In the socialist countries, the principles of The Declaration of the Right of the Child are implemented in practice; measures are constantly being introduced there to satisfy the growing needs of families and children. The WIDF has planned a number of events connected with children's problems on the international, regional and national levels.

In 1979, Moscow played host to the World Conference for a Peaceful and Secure Future for All Children, in which 700 delegates from 135 countries, representing 385 nationalities and 47 international organisations, took part.^^*^^

The World Conference on children's problems appealed to the UN to adopt a Convention on the Rights of the Child as mandatory for all states, and to continue activities so that every year might be a year of the child. In the appeal to the UN, governments and parliaments, the participants in the World Conference called for the utmost efforts to be made to deliver children from the calamities of war, to guarantee them peace and security, to halt the arms race and all forms of aggression. Other demands included guarantees of children's rights to an adequate diet, housing, health protection, education and upbringing, their protection from violence in all forms, and an improvement of the protection of mothers and children in all countries. The Conference called on the world public to fight actively for children's rights, for a better life for their children and for a happy childhood for all.

The Soviet state maintains a constant concern for the well-being of children and applies considerable efforts in order to ensure each child a happy childhood. All children in the Soviet Union are guaranteed the rights envisaged in The Declaration of the Right of the Child to an adequate diet, housing, entertainment, medical care, special protection, free education, the best satisfaction of their interests, protection against exploitation, cruelty and neglect. The best of everything for children is a principle governing the Soviet way of life, and socialist society really does give _-_-_

^^*^^ Rabotnitsa (Woman Worker), No. 10,1979, p. 1.

12 children the very best of everything available, as well as making sure that they grow up knowledgeable, roundly developed and useful citizens of their country and of the world. Concern for children has made them a ``privileged class" in Soviet society. They grow up under conditions of a favourable combination of upbringing by both family and society.

The number of pre-school child-care institutions, which are attended by almost 40 per cent of all children of preschool age, is constantly on the rise. In 1940, for instance, kindergartens and creches catered for 1,953 thousand children, while the figures for 1970 and 1980 were 9,281 thousand and about 14 million respectively.^^*^^

Considerable funds are spent on pre-school child-care institutions: it costs over 500 roubles to keep one child in a creche for a year,^^1^^ and over 450 roubles in a kindergarten. It is notable that 80 per cent of these costs are covered by the state.^^**^^

In the Soviet Union, secondary education is compulsory. It is provided free of charge, by general secondary, secondary vocational and technical, secondary specialised and higher educational establishments. There are over 150,000 general education schools, thousands of vocational and technical ones, and more than 860 universities and institutes in the country.^^***^^

The state's outlays on one schoolchild average 180 roubles but are as high as 650 roubles a year in a secondary specialised educational institution. Children in general schools are provided with textbooks free of charge.

In the Soviet Union, considerable attention is focussed on children's sport. They have skating rinks, stadia, sports and health camps and sports clubs at their disposal. There are special television programmes for children, as well as films, and vast numbers of special children's books, all of which foster in them the spirit of humanism, internationalism, patriotism and diligence, and teach them to act for the _-_-_

^^*^^ See 60 Victorious Years. Facts and Figures, Politizdat, 1977, pp. 203, 204 (in Russian).

^^**^^ See The USSR in Figures in 1977. CSS USSR, Statistika Publishers, 1978, p. 193.

^^***^^ Pravda, 1 June 1979.

13 good and not to tolerate evil and violence.

The system of medical Jreatment and sickness prevention for children and child health care in general is expanding. The Soviet health service keeps a watchful eye on a child's health. About 22 million children a year spend their summers in Pioneer camps, excursion and tourist camps, or in rural surroundings together with their children's organisations.

The Soviet state provides material assistance to mother and child, and spends considerable sums to this end every year. The plans for the economic and social development of the Soviet state provide for the establishment of the best possible conditions for children and working mothers. Collective agreements and the plans for the social development of work collectives at each production centre envisage additional measures for the protection of mothers and children, and for improvement of working and living conditions for mothers and adolescents.

The provision by the state of free medical care, education at all levels, vocational training, various extramural establishments for the leisure and all-round development of children, free or heavily subsidised pre-school establishments, Young Pioneer camps, children's sanatoria, hospital schools, children's theatres, and other forms of service and education for children make it possible for each child to enjoy, together with constantly improving material conditions, favourable ones for physical, mental and moral development.

The all-round, harmonious development of children in the Soviet Union is provided for by about 7,500 schools specialising in art, music, or sport, by 4,489 Young Pioneer palaces and homes, 250,000 libraries, and 157 children's theatres.^^*^^ More than 70 publishing houses put out books for children in 80 Soviet and foreign languages.^^**^^

Protection of children's rights is ensured in the Soviet Union by the state. Standing commissions on women's work and life, and on the protection of mothers and children have been set up under the Supreme Soviet of the USSR, the Supreme Soviets of the Union Republics and local Soviets _-_-_

^^*^^ Pravda, 1 June 1979.

^^**^^ Rabotnitsa, No. 9,1979, p. 3.

14 of People's Deputies.^^*^^ These commissions supervise the implementation of measures envisaged in the plans and legislation on these issues, as well as preparing their own draft laws.

The protection of children and defence of children's rights is the responsibility of state agencies and public organisations. It is the constant concern of all links in the system of state authorities and administrative bodies---the Soviets of People's Deputies, executive and administrative agencies and departments of public education, health and social security.

Among the public organisations and agencies, the most important role belongs to trade unions, the Young Communist League, the Soviet Women's Committee and women's councils.

The primary guarantee of children's rights is the humanism and democratism of the Soviet legislation on the rights and protection of children.

This collection contains special laws in these spheres. It begins with the general provisions of the articles of the Constitution of the USSR and other enactments concerning children's rights---on citizenship, the protection and management of the property of minors, and so on.

Section II includes laws on the rights of children in the family, and Section III, on the protection and defence of children, contains laws on the health service and medical care, and on the agencies entrusted with preventing infringements of the law by minors.

Extensive detail is given in Section IV on legislation on the rights of children to education and upbringing. Section V includes laws concerning the rights of children to social security, and Section VI---those on work privileges to adolescents.

In order to simplify use of the collection, the acts are not given in full, but only extracts from them (as noted after the title of the act).

In accordance with the Constitution of the USSR, it is the responsibility of the USSR to establish the general _-_-_

^^*^^ Local bodies of state administration according to the Constitution of the USSR adopted in October 1977. Some acts give the old name of these bodies---the Soviets of Working People's Deputies.---Ed.

15 principles in individual branches of legislation. In such cases, the Supreme Soviet of the USSR adopts Fundamental Laws of the USSR and Union Republics, which provide the basis on which corresponding laws and codes are adopted by the individual republics. For this reason, this collection does not include provisions of republican legislation that are identical to those of the Fundamental Law. To illustrate how social relations implemented by republican legislation are regulated, the collection includes only acts of the Russian Federation.

The book is provided with a subject index.

Prof. V. Tolkunova

[16] __NUMERIC_LVL1__ Section I. __ALPHA_LVL1__ GENERAL ENACTMENTS __ALPHA_LVL2__ CONSTITUTION
(FUNDAMENTAL LAW)
OF THE UNION OF SOVIET SOCIALIST REPUBLICS

Ratified by the Supreme Soviet of the USSR on 7 October 1977

(Extract)

In the USSR a developed socialist society has been built.

It is a society in which powerful productive forces and progressive science and culture have been created, in which the well being of the people is constantly rising, and more and more favourable conditions are being provided for the all-round development of the individual.

It is a society in which the law of life is concern of all for the good of each and concern of each for the good of all.

Article 20. In accordance with the communist ideal--- ``The free development of each is the condition of the free development of all"---the state pursues the aim of giving citizens more and more real opportunities to apply their creative energies, abilities, and talents, and to develop their personalities in every way.

Article 24. In the USSR, state systems of health protection, social security, trade and public catering, communal services and amenities, and public utilities, operate and are being extended.

The state encourages co-operatives and other public organisations to provide all types of services for the population. It encourages the development of mass physical culture and sport.

Article 25. In the USSR there is a uniform system of public education, which is being constantly improved, that provides general education and vocational training for citizens, serves the communist education and intellectual and physical development of the youth, and trains them for work and social activity.

Article 34. Citizens of the USSR are equal before the 17 law, without distinction of origin, social or property status, race or nationality, sex, education, language, attitude to religion, type and nature of occupation, domicile, or other status.

The equal rights of citizens of the USSR are guaranteed in all fields of economic, political, social, and cultural life.

Article 35. Women and men have equal rights in the USSR.

Exercise of these rights is ensured by according women equal access with men to education and vocational and professional training, equal opportunities in employment, remuneration, and promotion, and in social and political, and cultural activity, and by special labour and health protection measures for women; by providing conditions enabling mothers to work; by legal protection, and material and moral support for mothers and children, including paid leaves and other benefits for expectant mothers and mothers, and gradual reduction of working time for mothers with small children.

Article 39. Citizens of Jhe USSR enjoy in full the social, economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and by Soviet laws. The socialist system ensures enlargement of the rights and freedoms of citizens and continuous improvement of their living standards as social, economic, and cultural development programmes are fulfilled.

Article 40. Citizens of the USSR have the right to work (that is, to guaranteed employment and pay in accordance with the quantity and quality of their work, and not below the state-established minimum), including the right to choose their trade or profession, type of job and work in accordance with their inclinations, abilities, training and education, with due account of the needs of society.

This right is ensured by the socialist economic system, steady growth of the productive forces, free vocational and professional training, improvement of skills, training in new trades or professions, and development of the systems of vocational guidance and job placement.

Article 42. Citizens of the USSR have the right to health protection.

This right is ensured by free, qualified medical care provided by state health institutions; by extension of the network of therapeutic and health-building institutions; by 18 the development and improvement of safety and hygiene in industry; by carrying out broad prophylactic measures; by measures to improve the environment; by special care for the health of the rising generation, including prohibition of child labour, excluding the work done by children as part of the school curriculum; and by developing research to prevent and reduce the incidence of disease and ensure citizens a long and active life.

Article 43. Citizens of the USSR have the right to maintenance in old age, in sickness, and in the event of complete or partial disability or loss of the breadwinner.

This right is guaranteed by social insurance of workers and other employees and collective farmers; by allowances for temporary disability; by the provision by the state or by collective farms of retirement pensions, disability pensions, and pensions for loss of the breadwinner; by providing employment for the partially disabled; by care for the elderly and the disabledjand by other forms of social security.

Article 45. Citizens of the USSR have the right to education.

This right is ensured by free provision of all forms of education, by the institution of universal, compulsory secondary education, and broad development of vocational, specialised secondary, and higher education, in which instruction is oriented toward practical activity and production; by the development of extramural, correspondence and evening courses; by the provision of state scholarships and grants and privileges for students; by the free issue of school textbooks; by the opportunity to attend a school where teaching is in the native language; and by the provision of facilities for self-education.

Article 53. The family enjoys the protection of the state.

Marriage is based on the free consent of the woman and the man; the spouses are completely equal in their family relations.

The state helps the family by providing and developing a broad system of child-care institutions, by organising and improving communal services and public catering, by paying grants on the birth of a child, by providing children's allowances and benefits for large families, and other forms of family allowances and assistance.

19

Article 66. Citizens of the USSR are obliged to concern themselves with the upbringing of children, to train them for socially useful work, and to raise them as worthy members of socialist society. Children are obliged to care for their parents and help them.

__ALPHA_LVL2__ ON CITIZENSHIP OF THE USSR

Law of the Union of Soviet Socialist Republics on Citizenship of the USSR of 1 December 1978 (Gazette of the Supreme Soviet of the USSR, No. 49, 1978,
Item 816)

(Extract)

Citizens of the USSR possess in full the socio-economic, political, and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and Soviet statutes.

The Soviet socialist state of the whole people protects the rights and freedoms of citizens of the USSR and ensures their equality in all spheres of economic, political, social and cultural life.

II. ACQUISITION OF USSR CITIZENSHIP

Article 10. Grounds for Acquiring Citizenship of the USSR

Citizenship of the USSR is acquired:~

(1) by birth;~

2) by naturalisation as a citizen of the USSR;~

(3) on grounds provided for by international treaties to which the USSR is a party;~

(4) on other grounds provided for by this Law.

Article 11. Citizenship of Children Whose Parents Are Citizens of the USSR

A child both of whose parents were citizens of the USSR at the time of its birth is a citizen of the USSR irrespective 20 of whether it was born on the territory of the USSR or outside its boundaries.

Article 12. Citizenship of Children One of Whose Parents Is a Citizen of the USSR

When there is a difference in the citizenship of the parents, one of whom was a citizen of the USSR at the time of a child's birth, said child is a citizen of the USSR:

(1) if it was born on the territory of the USSR;

(2) if it was born outside the USSR but one or both of its parents were domiciled at the time on the territory of the USSR.

When there is a difference in the citizenship of the parents, one of whom was a citizen of the USSR at the time of a child's birth, the citizenship of said child, born outside the USSR, shall be decided by agreement of the parents if at the time both parents were domiciled outside the USSR.

A child, one of whose parents was a citizen of the USSR at the time of its birth and the other a stateless person or else unknown, is a citizen of the USSR - irrespective of its place of birth.

Article 13. Acquisition of USSR Citizenship by the Children of Stateless Persons

The child of stateless persons domiciled in the USSR, bom on the territory of the USSR, is a citizen of the USSR.

Article 14. Citizenship of Children Whose Parents Are Not Known

A child living on the territory of the USSR, both of whose parents are not known, is a citizen of the USSR.

Article 15. Naturalisation as a Citizen of the USSR

Foreign citizens and stateless persons may be naturalised as citizens of the USSR at their request in accordance with this Law irrespective of their race and nationality, sex, education, language, or domicile.

21

III. LOSS OF CITIZENSHIP OF THE USSR
RESTORATION OF USSR CITIZENSHIP

Article 18. Deprivation of USSR Citizenship

Citizenship of the USSR may be forfeited in exceptional cases by a ruling of the Presidium of the Supreme Soviet of the USSR if a person has committed actions bringing discredit on the calling of USSR citizen or damaging the prestige or national security of the USSR.

Deprivation of USSR citizenship shall not entail any change in the citizenship of the person's spouse or children.

Article 19. Restoration of USSR Citizenship

Persons who have lost citizenship of the USSR may be restored to such citizenship on their application by a ruling of the Presidium of the Supreme Soviet of the USSR.

IV. THE CITIZENSHIP OF CHILDREN IN THE EVENT
OF A CHANGE IN THEIR PARENTS' CITIZENSHIP
OR IN CASE OF ADOPTION

Article 20. Change in the Citizenship of Children in the Event of a Change in the Citizenship of Both Parents

When there is a change in the citizenship of parents as a consequence of which both become citizens of the USSR or lose such citizenship, the citizenship of their children under 14 years of age shall be correspondingly altered.

Article 21. Acquisition of USSR Citizenship by Children in the Event of One Parent Acquiring USSR Citizenship

If one parent becomes a citizen of the USSR and the other remains a foreign citizen, a child may acquire USSR citizenship on application by the parent who has acquired 22 USSR citizenship.

When one of the parents becomes a USSR citizen and the other remains a stateless person, a child living on the territory of the USSR shall become a citizen of the USSR.

When one parent becomes a citizen of the USSR and the other remains a stateless person, a child living outside the USSR may acquire USSR citizenship on application by the parent who has acquired USSR citizenship.

Article 22. Retention of USSR Citizenship by Children in the Event of One Parent Renouncing USSR Citizenship

When one parent renounces USSR citizenship and the other retains such citizenship, a child shall retain USSR citizenship.

Article 23. Acquisition of USSR Citizenship by Children in Cases of Adoption

A child who is a foreign citizen or a stateless person, adopted by citizens of the USSR, shall become a citizen of the USSR.

A child who is a foreign citizen, adopted by a married couple one of whom is a citizen of the USSR and the other a stateless person, shall become a citizen of the USSR.

A child who is a stateless person, adopted by a married couple one of whom is a citizen of the USSR, shall become a citizen of the USSR.

A child who is a foreign citizen, adopted by a married couple one of whom is a citizen of the USSR and the other a foreign citizen, may become a citizen of the USSR by agreement of the adopters.

Article 24. Retention of USSR Citizenship by Children in Cases of Adoption

A child who is a citizen of the USSR, adopted either by foreign citizens or by a married couple one of whom is a citizen of the USSR and the other a foreign citizen, shall retain citizenship of the USSR. Such a child may be 23 permitted to renounce USSR citizenship by the Presidium of the Supreme Soviet of the USSR on application by the adopters. A child who is a citizen of the USSR, adopted either by stateless persons or by a married couple one of whom is a citizen of the USSR and the other a stateless person, shall retain citizenship of the USSR.

Article 25. The Need for Children's Consent to a Change in Their Citizenship

A change in the citizenship of children aged 14 to 18 shall follow from any change in the citizenship of their parents or in the event of adoption only with the children's consent, expressed in writing.

__ALPHA_LVL2__ FUNDAMENTALS
OF LEGISLATION OF THE USSR AND THE UNION REPUBLICS

Ratified by the Law of the USSR of 8 December 1961
(Gazette of the Supreme Soviet of the USSR, No. 50,
1961, Item 525)

(Extract)

Article 8. Legal Capacity and Legal Ability of Citizens

The capacity of having civil rights and duties (civil legal capacity) shall belong equally to all citizens of the USSR. The citizen's legal capacity shall begin at birth and cease at death.

The citizen's full capacity by his acts to acquire civil rights and to create for himself civil duties (civil legal ability) shall arise at majority; i.e. upon his attainment of the age of eighteen years. The limited legal ability of minors, and also the cases and the manner of limiting the legal ability of adults, shall be determined by the legislation of the USSR and the Union Republics.

No one may be restricted in legal capacity or legal 24 ability, except in the cases and in the manner established by law. Legal transactions seeking to limit legal capacity or legal ability shall be void.

Article 91. Liability for Death or Injury to Health of Person for Whom the Person or Organisation Causing the Injury Is Bound to Pay Insurance Contribution

In the event of the death of the injured person, the right to receive reparation for the injury shall belong to persons who are unable to earn and who had been the deceased person's dependents, or who at the time of his death were entitled to receive maintenance from him, and also the posthumous child of the deceased.

Article 118. Inheritance by Operation of Law

Where inheritance is by operation of law, the children (including the adopted children), the spouse and the parents (adoptive parents) of the decedent shall be heirs of the first class, in equal shares. The posthumous child of the decedent shall also be an heir of the first class.

The grandchildren and great-grandchildren of the decedent shall be his heirs-at-law, where their parent who would have been heir is no longer alive by the time of the opening of succession; they shall take equal shares of the portion which would have been due to their deceased parent under intestate succession.

Article 119. Inheritance Under a Will

Children of the decedent (including adopted children) who are minors or who are unable to earn, and also the spouse, the parents (adoptive parents) and dependents of the decedent who are unable to earn, shall inherit, regardless of the content of the testamentary disposition, not less than two-thirds of the portion which would have been due to each of them under intestate succession (portio legitima).

25 __ALPHA_LVL2__ THE CIVIL CODE OF THE RSFSR t

Ratified by Law of the RSFSR of 11 June 1964
(Gazette of the Supreme Soviet of the RSFSR,
No. 24,1964, Item 406)

(Extract)

Chapter 2

PERSONS

1. Citizens

Article 11. Legal Capability of Citizens

In cases when the law permits a person under eighteen years of age to enter into wedlock, the citizen who is under the age of eighteen assumes full legal capability from the moment of the marriage.

Article 13. Legal Capability of Minors Between the Ages of Fifteen and Eighteen Years

Minors between the ages of fifteen and eighteen years shall carry out transactions with the consent of their parents, adopters or guardians.

They have the right, however, to carry out minor, day-- today transactions independently, to dispose of their own earnings or grants, and to exercise their copyright or inventor's rights.

Given adequate grounds, the trusteeship and guardianship agencies may, on their own initiative or on the application of public organisations or other interested persons, limit or deprive a minor between the ages of fifteen and eighteen of his right to independently dispose of his earnings or grant.

The right of minors between the ages of fifteen and eighteen years to make deposits in credit establishments and to dispose of them is determined by the legislation of the USSR.

26

Article 14. The Legal Capability of Minors up to the Age of Fifteen Years

Parents, adopters or guardians shall carry out transactions on behalf of minors under the age of fifteen years.

Minors under the age of fifteen years shall have the right to carry out minor, day-to-day transactions independently.

The right of minors under the age of fifteen years to make deposits in credit establishments and to dispose of them is determined by the legislation of the USSR.

Article 17. Place of Residence

The place of residence is that in which the citizen permanently or primarily resides.

The place of residence of minors under the age of fifteen years or of citizens under guardianship is recognised as the place of residence of their parents, adopters or guardians.

Chapter 3

TRANSACTIONS

Article 51. Invalidity of Transactions Carried Out by Minors Under the Age of Fifteen Years

A transaction carried out by a minor under the age of fifteen years is invalid, except for transactions envisaged in parts two and three of Article 14 of the present Code.

Each of the parties to such a transaction shall be obliged to return to the other party everything received under the transaction and, where it is not possible, to return everything received in kind, to reimburse the other party for its value in money.

The legally capable party shall, moreover, reimburse the other party for any expenditures made by him, loss or damage to his property, if the capable party knew or should have known that the other party did not bear civil responsibility.

27

Article 54. Invalidity of Transactions Carried Out by Minors Between the Ages of Fifteen and Eighteen Years

A transaction carried out by a minor between the ages of fifteen and eighteen years without the consent of his parents, adopters, or guardians shall be recognised as invalid by a court of law if a suit is brought by the parents, adopters or guardians.

If such a transaction is recognised as invalid, the rules envisaged in Article 51 of the present Code shall apply.

The rules of the present Article shall not apply to transactions of minors between the ages of fifteen and eighteen years concluded in accordance with parts two and four of Article 13 of the present Code.

Chapter 28

RENTING OF HOUSING

Article 301. The Rights and Duties of the Members of the Tenant's Family

Equally with a tenant, the family members of the tenant residing together with him assume the rights and duties arising from the rental agreement...

The tenant's family members shall include his or her spouse, children and parents.

Article 302. The Right of a Tenant to Install Other Citizens in the Premises Rented by Him

The tenant shall have the right, in the established manner, to install in the premises rented by him his or her spouse, children, parents, other relatives and non-able-bodied dependents, having obtained the written consent of all the adult members of his family. For the installation of children who are minors with their parents, the consent of the other family members is not required.

28

Article 306. Retention of the Right to Use Premises by Persons Temporarily Absent

In the event of the temporary absence of the tenant, the members of his family or all these citizens, those absent shall retain the right to the living premises for a period of six months and, in the cases envisaged in points 1-5 of the present Article---for six months from the expiry of the period stipulated in the corresponding point.

The right to the use of living premises shall also be retained by the tenant or, correspondingly, by the members of his family in the event of:

2) temporary departure from the permanent place of residence in connection with studies (students, postgraduates, and the like)---for the duration of the course of study;

3) the placement of children for their upbringing in a state child-care institution, with relatives or under guardianship---for the entire period of their stay on this institution, with relatives or guardian, provided members of the child's family continue to reside in the child's former living premises. If no member of the child's family continues to reside in his former living premises and the premises are allocated to other citizens, at the end of the child's stay in the state child-care institution, he shall be provided with housing by the Executive Committees of the local Soviet of Working People's Deputies.

Chapter 40

DUTIES ARISING AS A CONSEQUENCE OF THE
INFLICTION OF HARM

Article 450. Responsibility for Harm Inflicted by Minors Under the Age of Fifteen Years

Responsibility for harm inflicted by a minor under the age of fifteen years shall rest on his parents or guardians, unless they can prove that the harm was incurred through no fault on their part.

If the minor under the age of fifteen years inflicted the 29 harm when he was under the supervision of an educational, upbringing or medical establishment, the establishment shall be held responsible for the harm inflicted, unless it can prove that it arose through no fault on its part.

Article 451. Responsibility for Harm Inflicted by Minors Between the Ages of Fifteen and Eighteen Years

A minor between the ages of fifteen and eighteen years shall be held responsible for the harm inflicted by him, according to the general principles...

In cases where the minor between the ages of fifteen and eighteen does not possess or earn enough to make compensation for the harm, the rest shall be reimbursed by his parents or guardians, unless they can prove that the harm was incurred through no fault on their part. This duty ceases when the person who inflicted the harm reaches his majority and also if, before he reaches his majority, he obtains property or earnings sufficient to compensate for the harm inflicted.

Article 460. Responsibility for Damaging the Health or Causing the Death of a Citizen for Whom the Person Who Inflicted the Harm Is Obliged to Pay Insurance Contributions

In the case of the death of the victim, the right to compensation for the harm inflicted shall be enjoyed by the non-able-bodied dependents of the deceased or persons who, at the time of his death, were entitled to maintenance from him or, also, the child of the deceased bom after his death. The persons indicated shall be reimbursed in the amount of that share of the earnings of the victim that they received or were entitled to receive for their upkeep during his lifetime.

The harm shall be reimbursed:~

to minors up to the age of sixteen years, and students up to eighteen years;~

to the deceased's spouse or parent, irrespective of age or ability to work, who does not work but is engaged in 30 looking after the deceased's children, grandchildren, brothers or sisters under the age of eight---until they reach the age of eight.

Article 461. Responsibility for Damaging the Health or Causing the Death of Citizen for Whom the Person Who Inflicted the Harm Is Not Obliged to Pay Insurance Contributions

In the event of the death of the victim, the right to compensation for the harm shall be enjoyed by the citizens indicated in part two of Article 460 of the present Code, in the amounts established in this Article, and for the period envisaged in part three of the same Article.

Article 465. Reimbursement for Loss Entailed by Damage to the Health of a Citizen Under the Age of Fifteen Years

In the event of injury or other damage to the health of a citizen under the age of fifteen years who has no earnings, the organisation or citizen responsible for the harm shall reimburse any expenditure connected with the restoration of the health of the victim.

When the victim reaches the age of fifteen years, the organisation or citizen responsible for the harm shall reimburse him also for the loss connected with loss of or reduction in his ability to work, on the basis of the average earnings of an unskilled worker in the given locality.

Once the victim has begun work in accordance with his qualifications, he shall be entitled to claim an increase in the compensation for the loss entailed by the reduction in his ability to work as a consequence of the damage to his health, on the basis of the size of earnings of a worker with his qualifications.

31 __ALPHA_LVL2__ STATUTE OF STATE LABOUR SAVINGS BANKS OF THE USSR

Ratified by Resolution of the Council of Ministers of the
USSR of 11 July 1977, No. 623
(Collected Resolutions of the USSR, No. 21,1977, Item 131
)

(Extract)

III. RIGHTS OF DEPOSITORS IN STATE LABOUR SAVINGS BANKS OF THE USSR

20. Sums deposited by someone on behalf of minors are managed:~

a) until the minor reaches fifteen years of age---by the parents or other legal representatives of the minor;

b) when the minor attains the age of fifteen years---by the minor himself, with the consent of his parents or other legal representatives.

Sums deposited in a savings bank by a minor himself in his own name are at his own independent disposal.

__ALPHA_LVL2__ RULES ON MANAGEMENT OF THE PROPERTY OF MINORS
UNDER GUARDIANSHIP. CUSTODY AND TRANSFER OF SUCH
PROPERTY

Ratified by the Ministry of Education of the RSFSR in Agreement
with the Ministry of Finance of the RSFSR 30 October 1969

(Collection of Injunctions and Instructions of the Ministry
of Education of the RSFSR, Moscow, Prosveshchenie Publishers,
1969, No. 36, p. 11)

(Extract)

On the discovery of a minor left without parental care and therefore due for admission to a child-care institution or the establishment of trusteeship (guardianship) over him, the departments of public education and the Executive Committees of township and village Soviets are obliged to establish whether he has any property received in the form of inheritance or a gift, and to take the necessary measures to protect the property rights of the minor and the integrity of his property.

The protection of property rights means: the 32 establishment, preservation and management of property that, under the law, is to be inherited by the minor; retrieval of the property of minors from people in illegal possession of it; recovery of money from debtors; recovery and reimbursement of losses incurred by the minors, and so on.

If the minor over whom trusteeship or guardianship is established has property in another locality, protection of this property is implemented by the trusteeship and guardianship agency of the area where the property is located and, if necessary, a trustee over the property may be appointed by it.

When trusteeship (guardianship) is established over minors, the trustee (guardian) shall spend on the maintenance of the ward sums accruing to the ward as allowances, benefits, maintenance grants, or wages, and other current income.

Sums of money and securities belonging to the ward, apart from money required to support him and manage his property, shall be deposited in a savings bank and may not be kept personally by the trustee (guardian).

The trusteeship and guardianship agency shall not have the right to make gifts on behalf of the ward, nor to enter into warranty agreements on his behalf.

The sale and transfer of the property of the ward worth up to 100 roubles may be carried out by the trustee ( guardian), in towns with the permission of the head of the department of public education, in villages and townships--- with that of the trusteeship and guardianship agency. If the property exceeds 100 roubles in value, the issue is decided by the Executive Committee of the district (town) Soviet of People's Deputies.

If necessary to protect the interests of the ward, the trusteeship and guardianship agency shall also enjoy the right to limit the access of one of the parents (adopters) or the trustee to the ward's deposit. In such cases, the trusteeship and guardianship agencies, when giving permission for a sum to be withdrawn from those deposited, shall inform the savings bank as to the amount to be handed over to the parent, adopter or guardian. A copy of the permission must be kept in the ward's personal file.

The trustee or guardian shall not have the right to independently dispose of housing belonging to the ward without the permission of the trusteeship and guardianship agency __PRINTERS_P_33_COMMENT__ 2---14 33 (department of public education, Executive Committee of the township or village Soviet): to make transactions with respect to it, give up part of the housing, allow anyone to live there, exchange it for other housing, and so on.

The trustee (guardian) shall have the right to refuse the minor his right to housing only with the permission of the Executive Committee of the district (town) Soviet of People's Deputies (on representation from the department of public education) and only when the minor will receive other, equal housing.

The trustee (guardian) shall be provided by the trusteeship and guardianship agency with an accounts book in which he shall enter all sums received by the ward (except for funds for the maintenance of the ward) and expenditures made from them.

If it is established that the trustee (guardian) has made use of the ward's property for his own purposes (has made use of his trusteeship for his personal gain), the trusteeship and guardianship agency shall remove the trustee ( guardian) from his trusteeship duties and hand over the material to the public procurator. At the same time, an action must be brought for compensation for the property used.

__ALPHA_LVL2__ ON THE PROTECTION OF THE PROPERTY RIGHTS
OF THE INMATES OF CHILDREN'S HOMES

Instruction of the People's Commissariat for Education of the
RSFSR, No. 592 of 29 April 1944
(Handbook on Questions of the Protection of Children,
Uchpedgiz, 1956, p. 63)

(Extract)

In cases when the inmates of children's homes have property received as an inherit'ance from parents or relatives, the departments of public education and the directors of children's homes shall protect the property rights of the inmates and take the necessary measur.es to maintain thenproperty intact.

13. if the inmate returns to his parents or is appointed a guardian, the property and financial documents of the inmate are handed over to and signed for by the parents or guardian.

34

14. An inmate over 14 years of age must, when leaving a children's home, be present when his property and financial documents are handed over to the guardian, and both shall sign for them.

__ALPHA_LVL2__ THE CIVIL PROCEDURAL CODE OF THE RSFSR

Ratified by Law of the RSFSR of 11 June 1964
(Gazette of the Supreme Soviet of the RSFSR, No. 24,1964,
Item 407)

(Extract)

Article 32. Civil Procedural Legal Capability

The rights and legally protected interests of minors between the ages of fifteen and eighteen shall be defended in a court of law by their parents, adopters or guardians, but in such cases the court must involve the minors themselves in the proceedings.

In cases envisaged by the law on matters arising from labour, collective farm, marriage and the family legal relations and from transactions connected with the disposal of wages received, minors have the right to personally defend their rights and legally protected interests in court. The involvement in such cases of parents, adopters and guardians of the minors to render the latter assistance shall be at the court's discretion.

The rights and legally protected interests of minors below the age of fifteen, and of citizens declared legally incapable due to mental disability or imbecility shall be defended in court by their legal representatives---parents, adopters or guardians.

Article 169. Warning to a Witness on Responsibility for Refusing to Bear Witness and for Bearing Deliberately False Witness

Witnesses below the age of sixteen shall be informed by the chairman of their obligation to tell the truth concerning all they know about the case in hand, but they shall not 35 be warned of responsibility for refusing to bear witness or for bearing deliberately false witness.

Article 173. Questioning of a Minor Called as Witness

During the questioning of witnesses up to the age of fourteen and, at the court's discretion, of those between the ages of fourteen and sixteen, a teacher shall be present. If necessary, their parents, adopters, or guardians shall also be summoned. With the permission of the chairman, these may ask questions of the witness.

In exceptional cases, when necessary to establish the truth, and at the court's discretion, any person participating in the case may be removed from the courtroom during the questioning of a minor called as witness.

A witness under the age of sixteen shall be removed from the courtroom once he has been questioned, except when the court considers this witness's presence in the courtroom to be necessary.

[36] __NUMERIC_LVL1__ Section II. __ALPHA_LVL1__ THE CHILD'S RIGHTS WITHIN THE FAMILY __ALPHA_LVL2__ FUNDAMENTALS OF LEGISLATION OF THE USSR AND THE
UNION REPUBLICS ON MARRIAGE AND THE FAMILY

Ratified by Law of the USSR of 27 June 1968
(Gazette of the Supreme Soviet of the USSR, No. 27,1968,
Item 241)

(Extract)

One of the most important tasks of the Soviet state is its concern for the Soviet family, in which the public and personal interests of citizens harmoniously combine.

The most favourable conditions for the consolidation and prosperity of the family have been created in the Soviet Union. The material welfare of citizens is steadily rising, and housing, cultural and other amenities of family life are improving. Socialist society pays considerable attention to protection and encouragement of motherhood and ensuring a happy childhood.

The communist upbringing of the younger generation and their physical and cultural development shall be a prime obligation of the family. State and society render every assistance to the family in bringing up children by extending the network of kindergartens, creches, boarding schools and other child-care institutions.

The Soviet woman is assured all the necessary social conditions for combining a happy motherhood with an increasingly active and creative participation in industrial and socio-political affairs.

Soviet marriage and family legislation shall be designed to encourage the utmost freedom of family relations from materialistic considerations, the elimination of survivals of woman's unequal position in everyday life, and the creation of a communist family in which people's deepest personal feelings will find their full satisfaction.

37

SECTION I

General provisions

Article 1. The Tasks of Soviet Legislation of Marriage and the Family

The tasks of Soviet legislation on marriage and the family are as follows:~

the further consolidation of the Soviet family, based on the principles of communist morality;~

the basing of family relations on a voluntary marital union of man and woman and on mutual love, free from materialistic considerations, oh friendship and respect for all family members;~

the family education of children, inherently combined with their social education in a spirit of devotion to their homeland, a communist attitude to work and the preparation of children for active participation in the building of communist society;~

every protection for mother and child and the securing of a happy childhood for every child;~

the final elimination of harmful survivals and customs of the past in family relations;~

the fostering of a sense of responsibility to the family.

Article 5. Protection and Encouragement of Motherhood

In the USSR, maternity shall be held in nation-wide respect and esteem and shall be protected and encouraged by the state.

Protection of the interests of mother and child shall be ensured by an extensive network of maternity hospitals, creches and kindergartens, boarding schools and other childcare institutions; by maternity leave with full pay; by privileges to pregnant women and mothers; by labour protection measures in industry; by state benefits to unmarried mothers and mothers of large families, and by other forms of state and social assistance to the family.

38

SECTION II

Marriage

Article 11. Personal Rights of Spouses

Questions concerning- the upbringing of children and other questions of family life shall be resolved jointly by husband and wife.

Article 13. The Duties of Spouses with Respect to Mutual Maintenance

Husband and wife shall be obliged to support each other materially. In the event of one refusing to provide such support, a disabled partner in need of material aid or a wife during pregnancy and during one year after the birth of the child shall be entitled to receive maintenance payments from the other partner, this being secured through a court of law, provided that the partner is able to provide such maintenance. This right shall be retained after dissolution of the marriage.

Article 14. Termination of Marriage

A husband shall not be entitled, without the consent of his wife, to apply for dissolution of their marriage during the pregnancy of the wife and one year after childbirth.

Article 15. Annulment of Marriage

Annulment of a marriage shall not affect the rights of children born in such wedlock.

SECTION III

The family

Article 16. Grounds for the Origination of the Rights and Duties of Parents and Children

Mutual rights and duties of parents and children shall be based on the origin of children, certified by law.

39

The origin of a child from parents in wedlock shall be certified by the parents' marriage certificate. The origin of a child of parents not in wedlock shall be established through the submission of a joint statement by the father and the mother of the child to a state registry office.

Where a child is born to parents not in wedlock, and in the absence of a joint statement from the parents, paternity may be established by a court of law.

In establishing paternity the court shall take into consideration the cohabitation and joint household of the mother and the respondent prior to the birth of the child, or the joint upbringing or maintenance of the child by the two, or evidence authentically proving the recognition by the respondent of his paternity.

Article 17. Registration of Parents in Birth Registers

The mother and father of a child who are in wedlock shall be registered as the child's parents in a birth register following a statement by either of the two.

Where the parents are not in wedlock, the child's mother shall be registered on a statement by the mother, and the child's father, on a joint statement by the child's father and mother, or else the father shall be registered by decision of a court of law. Should the mother die, or where it is impossible to establish her place of residence, the child's father shall be registered on the basis of the father's statement.

Where a child is born to an unmarried mother and there is no joint statement by the parents or a court decision establishing paternity the entry in the birth register concerning the child's father shall be made in the mother's surname; the name and patronymic of the child's father shall be registered according to her statement.

Article 18. Rights and Duties of Parents

The father and mother shall have equal rights and duties in respect to their children.

Parents shall educate their children in a spirit of the moral code of a builder of communism, attend to their physical development, schooling and preparation for socially useful activities.

40

Parents shall be duty bound to maintain their minors and disabled children who have attained their majority but are in need of support.

Protection of the rights and interests of minors shall be the responsibility of their parents.

Parents shall be entitled to demand the return of their children from any person who has detained them without legal permission or a court decision.

Parents' rights may not be implemented against the children's interests.

Parents shall enjoy equal rights and bear equal duties in relation to their children also in cases where the marriage has been dissolved. Parental disputes over the children's place of residence shall be settled by the legislation of the Union Republics.

Article 19. Deprivation of Parental Rights

Either or both parents may be deprived of their parental rights where it is established that they have neglected their duties in bringing up the children or abused their parental rights, maltreated the children, exerted a harmful influence on them by their immoral, anti-social behaviour, and also where the parents are chronic alcoholics or drug addicts.

Cases concerning the deprivation of parental rights shall be heard in court following relevant statement by government or non-government organisations, by one of the parents or by the trustee (guardian) of the child, or an action brought by a procurator.

Where both parents are deprived of parental rights the child shall be placed in the care of trusteeship and guardianship agencies.

A court may order that a child be taken away and placed in the care of trusteeship and guardianship agencies, even if the parents have not been deprived of their parental rights, on the grounds that the child would be in danger if it remained with the persons in whose care it had been.

Restoration of parental rights shall be allowed if it is in the interests of the children, provided the children have not been adopted.

Deprivation and restoration of parental rights may be 41 ordered only by a court of law.

Deprivation of parental rights does not relieve the parents from their duty of maintaining their children.

Article 21. Duties of Other Family Members in Respect to Maintenance Payments

The duty to maintain parentless minors may devolve on other relatives---grandfather, grandmother, brother or sister, and also on the child's stepfather and stepmother.

Article 22. The Amount of Maintenance

Maintenance for minors shall be paid by their parents in the following amounts: for one child---one-quarter; for two children one-third, and for three or more children one-half of the earnings (income) of the parents.

The amount of these shares may be reduced by a court of law where a maintenance-paying parent has other children who are minors and who, if maintenance is awarded in the proportion established by the present Article, would be worse off materially than the children in receipt of maintenance, and also in cases where the maintenance-paying parent is a first or second category disabled person, and if the children are working and have an adequate income.

A court of law shall be entitled to decrease the size of maintenance or exempt a person altogether if the children are being fully maintained by a government or non-- government organisation. Money for the upkeep of children placed in child-care institutions may be exacted from the parents of the children by such institutions within the limits established in the present Article.

In certain cases, where maintenance payment as a share of a parent's earnings is impossible or difficult, the legislation of the Union Republics may provide for the amount of maintenance paid to minors to be established as a lump sum. The sum shall be specified on the basis of the parent's presumed earnings (income) with reference to the abovementioned provisions.

Parents paying maintenance for minors may be liable for additional expenditure in exceptional circumstances (grave illness, crippling of a child, etc.).

42

Article 24. Adoption

Adoption shall be permitted only in respect of minors and in their interests.

Adoption shall be effected by decision of the Executive Committee of a district or city Soviet of Working People's Deputies at the request of the person wishing to adopt a child.

For the purpose of adoption the consent shall be required of parents who have not been deprived of parental rights, and also the consent of the adoptee, should the latter have reached the age of ten years. Legislation of the Union Republics shall establish the way of ascertaining the child's consent.

Where parents fail to bring up a child, adoption may, as an exception, be made without their consent. Legislation of the Union Republics shall establish the procedure for adoption and the conditions required for it to be permitted without the consent of the parents.

Where a child is adopted by a married person, and where the child is not adopted by both spouses, the consent of the other spouse shall be required for adoption. Legislation of the Union Republics shall establish the conditions on which adoption, as an exception, may be made without the consent of the other spouse.

Adoption may be declared invalid and be annulled only by a court of law.

Legislation of the Union Republics shall establish the rules for adoption, the conditions for invalidating adoption, the conditions for annulling adoption, and the consequences of such annulment.

The legislation of the Union Republics shall ensure the secrecy of adoption.

Article 25. The Rights and Duties of Adopters, Adoptees and Their Relatives

Adoptees and their offspring with regard to adopters and their relatives, and adopters and their relatives with regard to adoptees and their offspring, shall have the same personal and property rights and duties as relatives by birth.

Adoptees shall lose their personal and property rights 43 and shall be relieved of their duties to their original parents and their relatives. In cases of adoption of a child by one person, these rights and duties may be retained at the request of the mother, if the adopter is a man, or at the request of the father, if the adopter is a woman. Minors who, at the moment of adoption, are entitled to an allowance or benefit for loss of a breadwinner, from a government or nongovernment agency shall retain this right after adoption.

At the request of adopters, their names may be entered in birth registers as the parents of the adoptees.

Article 26. Trusteeship and Guardianship

Trusteeship and guardianship shall be established for the upbringing of minors who, in consequence of the death of their parents, the parents being deprived of their parental rights, sickness of parents or other reasons, have remained without parental care, and also for the protection of the personal and property rights and interests of such children.

Trusteeship and guardianship shall be instituted by the Executive Committee of a district (city), township or village Soviet of Working People's Deputies.

Legislation of the Union Republics shall establish the rights and duties of trustees and guardians and the rules governing trusteeship and guardianship.

SECTION V

Application of Soviet legislation on marriage and the family
with respect to aliens and stateless persons.
Application of matrimonial laws of foreign states,
and international treaties and agreements

Article 34. Adoption of Children of Soviet Citizenship Resident Outside the USSR. Rules for the Adoption of Children by Aliens Resident in the USSR

Adoption of a child of Soviet citizens resident outside the USSR shall be effected at an embassy or consulate of the USSR. If the adopter is not a Soviet citizen, permission from a duly authorised body of a Union Republic shall be required.

Adoption of a child of Soviet citizens effected by bodies 44 of a state on whose territory the child is resident, provided preliminary consent to such adoption was received from a duly authorised body of a Union Republic, shall also be recognised as valid.

Legislation of the Union Republics shall establish the rules for the adoption of children of Soviet citizens by aliens on the territory of the USSR.

__ALPHA_LVL2__ THE LAW OF THE UNION OF SOVIET SOCIALIST REPUBLICS
ON RATIFICATION OF THE LEGISLATION OF THE USSR
AND THE UNION REPUBLICS ON MARRIAGE AND
THE FAMILY

Law of the USSR of 27 June 1968 (Gazette of the Supreme Soviet of the USSR, No. 27, 1968, Item 241)

(Extract)

Article 6. An unmarried mother shall enjoy the right to receive the legally stipulated allowance for the maintenance and upbringing of the child she has bom, and the right to place her child in a child-care institution for maintenance and upbringing completely at state expense, if the child's father has not been established in the statutory way.

__ALPHA_LVL2__ THE CODE OF THE RSFSR ON MARRIAGE AND THE FAMILY

Ratified by Law of the RSFSR of 30 July 1969
(Gazette of the Supreme Soviet of the RSFSR, 1969, No. 32,
Item 1086)

(Extract)

SECTION II

Marriage

Chapter 5

TERMINATION OF MARRIAGE

Article 34. Resolution of Disagreements on the Upbringing of Children

Where the spouses are not agreed as to who shall have custody of the children after the termination of the 45 marriage and as to the amount to be paid in maintenance for the children, when pronouncing the termination of the marriage, the court of law shall determine with which of the parents which children shall remain, and also which of the parents shall pay maintenance for the children and in what amount.

SECTION III

The family

Chapter 7

ESTABLISHMENT OF THE ORIGIN OF CHILDREN

Article 47. Grounds for the Origination of the Rights and Duties of Parents and Children

Mutual rights and duties of parents and children shall be based on the origin of the children, certified by law.

The origin of a child from parents in wedlock shall be certified by the parents' marriage certificate.

The origin of a child of parents not in wedlock shall be established through the submission of a joint statement by the father and the mother of the child to a state registry office.

Article 48. Establishment of Paternity in a Court of Law

Where a child is born to parents not in wedlock and in the absence of a joint statement from the parents, paternity may be established by a court of law on submission by one of the parents or the trustee (guardian) of the child, the person having custody of the child, or by the child himself upon reaching his majority.

In establishing paternity, the court shall take into consideration the cohabitation and joint household of the mother and the respondent prior to the birth of the child, or the joint upbringing or maintenance of the child by the 46 two, or evidence authentically proving the recognition by the respondent of his paternity.

Article 49. Registration of Parents in Birth Registers

The person registered as the father or the mother of the child shall have the right to contest the registration during a period of one year from the date on which he was informed or should have been informed about the registration. Where the person registered as the father or the mother was a minor, the year is counted as beginning from his eighteenth birthday.

Article 50. The Rights and Duties of Children Born to People not in Wedlock, when Paternity Is Established

Where paternity is established as envisaged in Articles 47 and 48 of the present Code, children shall have the same rights and duties with respect to their parents and their relatives as do children born to people in wedlock.

Article 51. The Surname, First Name and Patronymic of the Child

The surname of the child shall be the same as that of his parents. Where the parents have different surnames, the child shall assume the surname of either the mother or the father on agreement of the parents, and in the absence of such agreement, as instructed by the trusteeship and guardianship agency.

The child is named by agreement between the parents and the patronymic is assumed according to the father's name or, in the case envisaged in Article 49 of the present Code, according to the name of the person registered as the father.

Termination of marriage between the parents shall not entail any change in the surname of the children.

Where the parent to whom custody of the child is granted after termination or annulment of the marriage wishes the child to assume his own surname, the trusteeship and 47 guardianship agency shall, considering the interests of the child, have the right to permit a change in the surname of a minor.

Chapter 8

RIGHTS AND DUTIES OF PARENTS WITH RESPECT OF THE UPBRINGING OF CHILDREN

Article 53. Duties of Parents to Protect the Rights and Interests of Their Children

Protection of the rights and interests of minors shall be the responsibility of their parents.

The parents shall be the legal representatives of their children who have not attained the age of majority and shall defend their rights and interests in all establishments, including courts of law, without requiring special authority.

Article 54. Equality of Rights and Duties of Both Parents

The father and the mother have equal rights and duties in respect of their children.

The parents have equal rights and duties in respect of their children also where their marriage is terminated.

All questions relating to the upbringing of the children shall be decided by both parents by mutual agreement.

In the absence of agreement, the issue shall be decided by the trusteeship and guardianship agencies with the participation of the parents.

Article 55. The Place of Residence of the Children When the Parents Live Separately

Where the parents, in consequence of the termination of marriage or other reasons, do not live together, they shall agree with which of them children who are minors shall live.

In the absence of agreement between the parents, the issue shall be decided by a court of law, proceeding from the interests of the children.

48

Article 56. Participation of Parents Living Separately in the Upbringing of Children

The parent living separately from the children has the right of access to them and it is his duty to participate in their upbringing. The parent with whom the children reside does not have the right to deny the parent living separately from the child access to him and the right to participate in his upbringing.

The trusteeship and guardianship agencies have the right to deny the parent living separately from the child access to him for a certain period of time if this prevents the child from having a normal upbringing and exerts a detrimental influence on him.

Where the parents cannot reach agreement on the procedure for the parent living separately from the child to participate in his upbringing, this procedure shall be determined by the trusteeship and guardianship agencies with the parents' participation.

Where the parents do not submit to the decision of the trusteeship and guardianship body, the latter has the right to take the issue to a court of law.

Article 57. The Right of Access of the Grandfather and Grandmother to Grandchildren

The grandfather and grandmother have right of access to their grandchildren. Where the parents refuse to allow the grandfather or grandmother access to the grandchildren, the trusteeship and guardianship bodies may oblige the parents to allow the grandfather and grandmother to meet the grandchildren according to a procedure established by these agencies provided such meetings do not prevent the child from^^1^^ having a normal upbringing and do not exert a detrimental influence on him.

Article 58. Protection of Parental Rights

Parents have the right to demand the return of children from any person who has detained them without legal permission or a court decision.

On consideration of their demands, a court of law has 49 the right to reject the parents' case where it decides that it would not be in the child's interests to be handed over to the parents.

Article 59. Deprivation of Parental Rights

Parents may be deprived of their rights only by a court of law.

Cases of the deprivation of parental rights shall be heard with the participation of the procurator.

Where a court of law passes a decision on the deprivation of a parent of his parental rights, it shall also decide on the exaction of maintenance from that person.

Article 60. Consequences of the Deprivation of Parental Rights

Parents deprived of their parental rights lose all rights ensuing from kinship with the child in respect of whom they have been deprived of their parental rights, including the right to receive maintenance from their children.

The deprivation of parental rights does not release parents from the obligation to support their children.

If a parent deprived of his parental rights makes it impossible, by regular violations of the rules of the socialist community, for the child to reside together with him, and neither warnings nor social pressure have proved effective, this parent may be evicted in accordance with Article 333 of the Civil Code of the RSFSR, without being provided with alternative housing.

Article 61. Arrangements for the Children of People Deprived of Parental Rights

Where both parents are deprived of their parental rights, the child becomes a ward of the trusteeship and guardianship agencies.

Article 62. Meetings Between Parents Deprived of Their Parental Rights and Their Children

At the request of parents deprived of parental rights, the trusteeship and guardianship agencies may permit them to 50 meet their children, provided contact with their parents will not have a detrimental effect on the children.

Article 63. The Restoration of Parental Rights

Restoration of parental rights shall be allowed provided this is required by the children's interests and is carried out by a court of law under a suit brought by the person deprived of parental rights or the procurator.

Parental rights cannot be restored to parents if the children have been adopted by other persons.

Article 64. Removal of a Child Without the Parents Being Deprived of Their Parental Rights

A court may order that a child be taken away and placed in the care of trusteeship and guardianship agencies, even if the parents have not been deprived of their parental rights, on the grounds that the child would be in danger if he remained with the person in whose care he had been.

If the grounds for taking the child away cease to exist, where a case is brought by the parents or the procurator, the court may order the child returned to his parents, provided this is in his interests.

Article 65. Participation of Trusteeship and Guardianship Agencies in Resolving Disagreements in Respect of Upbringing of Children

Where a court of law considers disagreements in respect of the upbringing of children, the trusteeship and guardianship agencies must be called to participate.

Article 66. Implementation of the Decisions of Courts on the Handing Over or Removal of Children

The implementation of the decisions of courts on the handing over to or removal of children from their parents or other persons is carried out by court executives, with the 51 mandatory participation of the trusteeship and guardianship agencies.

Where the parent or other person in whose care the child is hampers the implementation of the decisions, the measures envisaged in Article 406 of the Civil Procedural Code of the RSFSR^^*^^ shall be taken.

Chapter 9

DUTIES OF PARENTS AND CHILDREN IN RESPECT OF MAINTENANCE PAYMENTS

Article 73. Participation of Parents in Additional Expenditure

Parents paying maintenance for minors may be liable for additional expenditure arising from exceptional circumstances (grave illness, crippling of a child, etc.).

The amount of the liability for such expenditure is decided by a court of law, taking into consideration the material and family circumstances of the parents.

Article 74. Temporary Exaction of Maintenance Before a Court Decision

In cases concerning the exaction from parents of maintenance for children, where the respondent is registered as the parent of the child in accordance with articles 48 and 49 of the present Code, the court or judge has the right, before the case is heard, to decide the amount the respondent must temporarily pay in maintenance for the children.

The amount to be temporarily exacted may be decided as a share of the earnings (income) of the respondent or as a fixed sum.

_-_-_

^^*^^ In accordance with Article 406 of the Civil Procedural Code of the RSFSR, where the court establishes that the decision has not been implemented, it may set a fine of up to 50 roubles and a new time limit for the implementation of the decision.

52

Chapter 10

DUTIES OF OTHER FAMILY MEMBERS IN RESPECT OF MAINTENANCE PAYMENTS

Article 80. Duties of Stepfather and Stepmother to Support Stepsons and Stepdaughters

The stepfather and stepmother are obliged to support their stepchildren who have not attained their majority if these were brought up and supported by them and have no parents or cannot receive sufficient maintenance from their parents.

Article 82. Duties of Brothers and Sisters to Support Their Brothers and Sisters Who Have Not Attained Their Majority, or Have Attained Their Majority but Are Disabled

Brothers and sisters with adequate means are obliged to support brothers and sisters who have not attained their majority and are in need of assistance where the latter cannot receive sufficient maintenance from their parents.

Article 83. Duties of Grandfather and Grandmother to Support Their Grandchildren

The grandfather and grandmother with adequate means are obliged to support their grandchildren who have not attained their majority and are in need of assistance, where the latter cannot receive sufficient maintenance from their parents.

Article 85. Duties of the Persons Who Actually Bring up Children to Support Them

Persons who have taken custody of children to bring them up and support them on a permanent basis are, where they refuse to continue the maintenance, obliged to support the minors they have brought up, and also those who have attained their majority but are disabled and in need of 53 support, if they have no parents or cannot receive maintenance from their parents.

Persons bringing up children as their trustees (guardians) are not liable to the duties envisaged in the present article.

Chapter 12

ADOPTION

Article 98. Children Who May Be Adopted

Adoption shall be permitted only in respect to minors and in their interests.

Adoption shall be effected by decision of the Executive Committee of the district (city) Soviet of Working People's Deputies.

Article 99. Citizens with the Right to Adopt

Adult citizens may adopt, with the exception of persons deprived of paternal rights, and also persons legally declared incapable or of limited capability.

Article 100.Consent of the Child's Parents to Adoption

For the purpose of adoption, the consent shall be required of parents who have not been deprived of parental rights.

The consent of the parents is not required if they have been declared legally incapable or missing without trace.

Parents may give their consent to adoption by a specific person or persons, or leave the choice of adopter to the trusteeship and guardianship agency.

The parents' consent to the adoption must be in written form.

Parents have the right to withdraw their consent, provided the adoption has not yet gone through.

Article 101. Adoption Without Parental Consent

Where the parents refuse to participate in the upbringing of the child, adoption may, as an exception, be made 54 without their consent, provided it is established that they have not resided together with the child for over a year and, in spite of warnings from the trusteeship and guardianship agencies, do not take part in his upbringing or maintenance and show no parental interest in or concern for the child.

Article 102. Adoption of Children Under Trusteeship (Guardianship) or in State Child Institutions

For the adoption of children under trusteeship ( guardianship), where they have no parents, the trustee's (guardian's) consent to the adoption is required in written form, and for children in state child-care institutions---the consent of the administration of the child-care institution.

When a child enters a child-care institution, the administration shall find out whether the parents agree to his future adoption.

Article 103. Consent of the Adoptee to Adoption

For adoption the consent of the adoptee is required if he has reached ten years of age.

Where, before the adoption application is submitted, the child resided with the family of the adopter and considered him his parent, adoption may, as an exception, be made without obtaining the consent of the adoptee.

The consent of the child to adoption is sought by the trusteeship and guardianship agencies.

Article 105. Change of Surname, First Name and Patronymic of the Adoptee

At the adopter's request, when adoption is made, the adoptee may be given the surname of the adopter and the patronymic from his first name. Where the adopter is a woman, information about the father is registered according to the procedure envisaged in Article 49 of the present Code, with the exception of cases where the child's father retains his rights and duties in respect of the child. At the request of the adopter, the child's first name may also be changed.

The assumption of surname and patronymic, and also a 55 change in the first name of an adoptee who has reached the age of ten may only be carried out with his consent, with the exception of the cases envisaged in part two of Article 103 of the present Code.

The assumption of surname and patronymic, and also a change in the first name of the adoptee, shall be recorded in the adoption resolution.

Article 106. Conditions on Which Adopters are Registered as Parents of the Adoptee

At the request of the adopters, they may be entered in the birth register as the parents of the adoptee.

Such a registration with respect to an adoptee who has reached the age of ten requires his consent, with the exception of the cases envisaged in part two of Article 103 of the present Code.

Such a registration shall be recorded in the adoption resolution.

Article 108. Conferment on an Adoptee of Equal Status with Relatives of the Adopter and the Retention of Legal Rights with One of the Parents

Where one of the parents has died, at the request of the parents of the deceased person (grandfather and grandmother of the child), the relatives of the dead parent may retain their rights and duties, provided the adopter has no objections.

The retention of legal rights with one of the parents or with the relatives of a deceased parent shall be recorded in the adoption resolution.

Article 110. Secrecy of Adoption Protected by Law

To ensure the secrecy of adoption, at .the request of the adopter the place of birth of the adopted child may be changed, and also, in exceptional circumstances, his date of birth, but by no more than six months. Changes in the place and date of birth shall be recorded in the adoption resolution.

56

It is prohibited, without the consent of the adopters, and in the event of their death, without the consent of the trusteeship and guardianship bodies, to transmit any information concerning adoption, and also to provide copies from registers showing that the adopters are not the natural parents of the adoptee.

Persons revealing the secret of adoption without the consent of the adopter may be made answerable in a court of law.

Chapter 13

TRUSTEESHIP AND GUARDIANSHIP

Article 120. Trusteeship and Guardianship Agencies

Implementation of the functions of trusteeship and guardianship are the responsibility of the departments of public education in respect of minors, of the departments of health in respect of persons legally recognised as being incapable or of limited capability, and of the departments of social security in respect of legally capable persons in need of guardianship for reasons of health.

Article 121. Persons Over Whom Trusteeship and Guardianship is Instituted

Trusteeship is instituted over children under the age of fifteen, and also over persons legally recognised as incapable as a consequence of mental disorder or imbecility (Article 15 of the Civil Code of the RSFSR).

Guardianship is instituted over minors between the ages of fifteen and eighteen.

Article 122. The Duties of the Trusteeship and Guardianship Agencies in Respect of Temporary Arrangements for Minors Requiring Trusteeship or Guardianship

Institutions and persons acquiring knowledge of minors left without parental care are obliged to inform the 57 trusteeship and guardianship agencies without delay concerning the place where the children in need of trusteeship or guardianship may be found.

On the receipt of information concerning minors left without parental care, the trusteeship and guardianship agencies are obliged to undertake an immediate investigation and, where the absence of parental care is established, to make temporary arrangements for the minors until the issue of the institution of trusteeship or guardianship is decided.

Article 123. Institution of Trusteeship or Guardianship over Minors Whose Parents Refuse to Bring Them Up

Where a child does not reside together with his parents and the latter evade their duties in respect of his upbringing, trusteeship or guardianship shall be instituted over the child. The trusteeship and guardianship agencies have the right, in this event, to demand that the parents be deprived of their parental rights by a court of law.

Article 127. Trusteeship and Guardianship Over Persons Brought up or Cared for by State Institutions or Public Organisations

Children brought up entirely by child-care institutions, and also minors requiring trusteeship or guardianship who are inmates of corresponding institutions shall not be allotted trustees or guardians. The duties of trustees and guardians in respect of these persons are the responsibility of the administration of the institution in whose care they are.

For the protection of the property interests of these persons (the receipt of allowances, management of property, etc.) a trustee may, where necessary, be appointed over the property.

Article 129. The Duties of Trustees and Guardians in Respect of the Upbringing of Minors and the Protection of Their Rights and Interests

Trustees and guardians of minors shall educate those in their care in the spirit of the moral code of a builder of 58 communism, attend to their physical development, schooling and preparation for socially useful activities, and protect their rights and interests.

Trustees and guardians shall reside together with the minors in their care.

In certain cases, the trusteeship and guardianship agencies may permit the guardian and a ward who has reached the age of sixteen to live separately, provided the separate habitation will not have an unfavourable effect on the upbringing of the child and on the protection of his rights and interests.

Trustees and guardians shall inform the trusteeship and guardianship agencies of any change in residence.

Article 130. The Right of Trustees and Guardians to Demand the Return of Children From Persons Who Have Detained Them Illegally

Trustees and guardians shall be entitled to demand the return of the children in their care from any person who has detained them without legal grounds.

Article 132. The Civil Legal Duties of Trustees and Guardians

Trustees are the legal representatives of those in their care and shall carry out all necessary transactions on their behalf and in their interests.

Guardians shall assist their wards in exercising their legal rights and fulfilling their duties, and also protect them from abuse by third persons.

Guardians of minors between the ages of fifteen and eighteen shall give their consent to transactions that, by law, a minor does not have the right to conclude independently.

Article 135. Defence of Minors' Rights by Trustees and Guardians

Trustees and guardians shall defend the rights and interests of those in their care in all establishments, including courts of law, without requiring special authority.

59

Article 136. Supervision of the Activities of Trustees and Guardians

Supervision of the activities of trustees and guardians shall be carried out by the trusteeship and guardianship agencies of the place of residence of those in care. Complaints against actions of trustees and guardians may be lodged in these agencies by any person, including the ward.

Article 138. The Removal of Trustees and Guardians in the Event of Non-Fulfilment of Their Duties

In the event of the trustee or guardian not fulfilling the duties entrusted to him, the trusteeship and guardianship body shall relieve the trustee or guardian from fulfilment of these duties.

Where the trustee (guardian) has abused his trusteeship (guardianship) for personal gain, and also in the event of the ward being neglected and left without the necessary assistance, the trusteeship and guardianship agency shall hand over to the procurator the necessary materials for deciding whether the guilty person should be made answerable in a court of law.

Article 139. Termination of Trusteeship and Guardianship

On the ward attaining fifteen years, trusteeship shall be terminated, and the person who has fulfilled the duties of trustee shall become, without special permission, the minor's guardian.

On the ward attaining eighteen years, guardianship shall be terminated without special permission.

Guardianship shall also be terminated when a minor marries, provided the Executive Committee of the district (city) Soviet of Working People's Deputies has reduced the marriageable age for him in accordance with Article 15 of the present Code.^^*^^

_-_-_

^^*^^ In accordance with Article 15 of the Legal Code on Marriage and the Family of the RSFSR, the marriageable age is set at eighteen years. In exceptional circumstances, it can be lowered, but by not more than two years.

60 __NUMERIC_LVL1__ Section III. __ALPHA_LVL1__ ON THE PROTECTION AND DEFENCE OF
CHILDHOOD
__ALPHA_LVL2__ FUNDAMENTALS OF LEGISLATION OF THE USSR
AND THE UNION REPUBLICS ON PUBLIC HEALTH

Ratified by Law of the USSR of 19 December 1969
(Gazette of the Supreme Soviet of the USSR, No. 52, 1969,
Item 466)

(Extract)

SECTION I

General provisions

Article 5. The Principles of Organisation of Public Health in the USSR

Public health protection in the USSR shall be ensured by a system of socio-economic and medical and sanitary measures and shall be effected through:

1) implementation of wide-scale health-building and prophylactic measures and special concern for the health of the younger generation.

Article 10. Expansion of the Network of Public Health Institutions, Child-Care Institutions and Sports Facilities

The expansion of the network of public health institutions and their location must conform to the established standards of medical aid to the population and take into consideration the economic, geographical and other peculiarities of the given area of the country.

In designing and building settlements, housing developments, enterprises and other projects, it is necessary to provide for the construction of public health institutions, pre-school child-care and extra-mural institutions, schools, sports buildings and facilities.

61

SECTION III

Ensuring the sanitary-epidemic well-being
of the population

Article 29. Compulsory Medical Examinations

To protect the health of the people and prevent infectious and occupational diseases, workers employed at ... treatment, preventive medicine and child-care institutions ... shall undergo medical examination on being taken into employ and periodical check-ups thereafter.

SECTION IV

Medical and prophylactic aid to the population

Article 35. Procedure Concerning Surgical Intervention and Application of Complex Methods of Diagnosis

Surgical operations shall be performed and complex methods of diagnosis applied only with the consent of the patients and, in the case of the sick being below 16 years of age,---with the consent of their parents, trustees or guardians.

Emergency operations shall be performed and complex methods of diagnosis applied by doctors without the consent of the patients and their parents, trustees or guardians only in the exceptional instances when a delay in the establishment of a diagnosis or in the performance of an operation would endanger the life of the patient and there is no possibility of obtaining the consent of the above-- mentioned persons.

SECTION V

Mother and child protection

Article 38. Encouragement of Motherhood. Guarantees of Health Protection for Mothers and Children

In the USSR, motherhood shall be protected and encouraged by the state; women shall be provided with all the 62 conditions allowing them to combine work with motherhood; legal defence, material and moral support of mothers and children are provided (Decree of the Supreme Soviet of the USSR of 18 June 1979, Gazette of the Supreme Soviet of the USSR, No. 25, 1979, Item 438).

Protection of the health of mothers and children shall be ensured by the organisation of a wide network of maternity consultation centres, maternity homes, sanatoria and holiday homes for pregnant women and mothers with children, creches, kindergartens and other child-care institutions; maternity leave with the payment of social insurance benefits; nursing breaks; payment, in the established manner, of benefits on the occasion of the child's birth and benefits for caring for a sick child; prohibition of the employment of women in difficult and health-impairing work and the transfer of pregnant women to easier jobs with the retention of average wages; general and sanitary improvement of working and living conditions; state and public assistance to families, and other measures as provided for by the laws of the USSR and the Union Republics.

Since the aim is to protect a woman's health, she shall be entitled to decide the question of motherhood herself.

Article 39. Provision of Medical Aid to Pregnant Women and Newborn Babies

Public health institutions shall provide every woman with qualified medical observation during pregnancy and hospital aid during confinement, as well as medical and prophylactic aid to the mother «nd newborn baby.

Article 40. Provision of Medical Aid to Children and Adolescents

Medical aid to children and adolescents shall be provided by medical, prophylactic and health-building institutions: children's polyclinics, dispensaries, hospitals, sanatoria and other public health institutions. Children shall be accommodated in children's sanatoria free of charge.

Children and adolescents shall be kept under observation by dispensaries.

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Article 41. Concern for the Strengthening and Protection of Children's and Adolescents' Health

With a view to bringing up a healthy younger generation, harmoniously developed physically and morally, state bodies, enterprises, institutions and organisations, collective farms, trade union and other mass organisations shall ensure the development of a wide network of creches and kindergartens, schools, boarding schools, sanatorium-type forest schools, Young Pioneer camps and other children's institutions.

In children's institutions and schools, children shall be ensured the necessary conditions for preserving and strengthening their health and for a hygienic upbringing. The study and work load and also the model children's school timetable shall be determined by agreement with the USSR Ministry of Public Health.

Supervision over the protection of children's health and the fulfilment of health-building measures in child-care institutions and schools shall be exercised by public health bodies and institutions, together with the bodies and institutions of public education and with the participation of mass organisations.

Article 42. State Assistance to Citizens for Looking After Children. Privileges to Mothers in the Event of a Child's Illness

The bulk of the expenditure on maintaining children in creches, kindergartens and other child-care institutions shall be defrayed by the state, as well as by enterprises, institutions, organisations, collective farms, trade unions and other mass organisations.

Children with physical or mental handicaps shall be maintained in children's homes and other specialised childcare institutions at state expense.

When it is impossible for a sick child to be treated in hospital or in the absence of symptoms necessitating hospital treatment, the mother or any other member of the family looking after the child may be released from work and paid an allowance out of social security funds in the established manner.

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When hospital treatment is prescribed for children below the age of one year, as well as for gravely sick children above that age who, in the doctors' opinion, require maternal care, the mother shall be given the possibility of staying with her child in the hospital and shall be paid a social security allowance in the established manner.

Article 43. Supervision Over the Labour and Industrial Training and Working Conditions of Adolescents

Industrial training of adolescents shall be permitted in professions suited to their age, physical and intellectual development and state of health. Their labour and industrial training shall be kept under systematic medical supervision.

Supervision over the observance of adolescents' working conditions prescribed by the legislation of the USSR and the Union Republics and over the implementation of special measures aimed at preventing illness among adolescents, shall be exercised by public health agencies and institutions together with vocational and technical training and public education bodies, trade unions, the Young Communist League and other mass organisations.

SECTION VI

Sanatoria and Health resorts.
Organisation of leisure, tourism and physical culture

Article 49. Organisation of Physical Culture, Sport and Tourism

Physical training shall be provided for in the working plans of pre-school and extra-mural institutions, in the curricula of general schools, vocational and technical schools, and specialised secondary and higher educational establishments.

Sports facilities, sports gear and tourist kit shall be placed at the disposal of citizens engaging in physical culture and sports.

Medical supervision over citizens engaging in physical culture and sports shall be exercised by public health institutions.

__PRINTERS_P_66_COMMENT__ 3---14 65 __ALPHA_LVL2__ ON MEASURES FOR INCREASING STATE
ASSISTANCE TO FAMILIES WITH CHILDREN

Resolution of the Central Committee of the CPSU and the Council
of Ministers of the USSR, of 22 January 1981, No. 235
(Collected Resolutions of the Government of the USSR,
1981, No. 13, item 75)

(Extract)

The Communist Party and the Soviet state, while consistently pursuing their course of raising the people's wellbeing, focus considerable attention on creating the most favourable conditions for population growth and the upbringing of the younger generation.

Conditions allowing women to combine, as fully as possible, participation in social production and motherhood are regularly being improved. Socialist society provides mothers with legal protection, material and moral assistance, including paid leave and other privileges for pregnant women and mothers.

A broad system of child-care institutions, monetary payments and other forms of state assistance to families in bringing up the younger generation has been created and is functioning. At present, over 14 million children are being educated in year-round pre-school establishments. Almost 11 million children attend extended-day schools and groups. Twelve million schoolchildren spend their holidays in Pioneer camps in the summer alone.

Since the Central Committee of the CPSU and the Council of Ministers of the USSR consider assistance to families in bringing up their children to be an important section of the social programme for the development of our society, they believe it advisable to take additional measures for increasing state assistance to families with children, in order to ensure a rational combination of social and family upbringing for children, to ease the position of working mothers, reduce the difference in living standards of families depending on the presence of children and to create favourable living conditions for young families.

The Central Committee of the CPSU and the Council of 66 Ministers of the USSR resolve:~

1. For the purpose of creating the most favourable opportunities for a mother to look after newborn and small children:~

a) the introduction for working mothers with a service record of at least one year, and also for full-time female students, of partially-paid leave to look after a child until it reaches the age of one year.

b) simultaneously with the introduction of the partiallypaid leave envisaged by subpoint ``a'' of the present point, the provision of working women with the right to receive additional unpaid leave to look after a child until it reaches the age of 18 months, and later on the age of two years, without interruption of their continuous work record and work record in their speciality;

d) the application of the privileges enjoyed by female factory and office workers with respect to the retention of their average wage in their former job to female collective farmers:~

pregnant women transferred on doctor's orders to another, easier job;~

nursing mothers and women with children up to the age of one year transferred to another job owing to the impossibility of their fulfilling their previous job while nursing or until the child reaches the age of one year;~

2. Provision during the Eleventh and Twelfth Five-Year Plan periods of comprehensive development of the network of kindergartens and creches, extended-day schools and groups. Pioneer camps and other child-care establishments, considering them to be an important link in the system of social and family upbringing of the younger generation. To this end:~

a) the USSR State Planning Committee (Gosplan), the Councils of Ministers of the Union Republics, and ministries and departments of the USSR shall envisage in the draft plans for the economic and social development of the USSR fuller satisfaction of the requirements for year-round and seasonal pre-school establishments, with the aim of eliminating, in the next few years, the shortage of them in areas with a high level of employment of women in social production.

The Councils of Ministers of the Union Republics, ministries and departments of the USSR shall take measures to improve the sanitary and hygienic condition of all 67 pre-school establishment premises, to bring the size of childcare groups into conformity with the established norms and improve their work, wherever necessary, setting up pre-school establishments or groups where children can remain 24 hours of the day, including Sundays and holidays. In order to create the best and most convenient conditions for the population, shall concentrate the construction and location of pre-school establishments by place of residence, and practise more widely the exchange of places in regional and departmental creches and kindergartens.

The USSR State Construction Committee (Gosstroi), together with the Ministry of Education of the USSR and the Ministry of Health of the USSR, shall,in 1982, elaborate new model projects for pre-school establishments, taking into account the natural and climatic conditions in the various parts of the country and broad application of the latest scientific and technological achievements in the sphere of design and construction.

During the Eleventh Five-Year Plan period, shall raise the expenditure rate on food in pre-school establishments by an average of 10--15 per cent; exempt from payment for the maintenance of children in creches and kindergartens families in which the average joint income per family member does not exceed 60 roubles per month, and for families with four or more children, halve the payment;

b) The Ministry of Education of the USSR and the Councils of Ministers of the Union Republics shall improve the work of boarding schools, boarding sections of schools and children's homes. Shall raise, during the Eleventh Five-Year Plan period, the current expenditure rate in these establishments, and also exempt from payment for the maintenance of children in boarding schools families in which the average joint income per family member does not exceed 60 roubles per month;

d) The Central Committee of the Young Communist League, the Ministry of Education of the USSR and the Councils of Ministers of the Union Republics shall increase the attention paid to broadening the network and improving the activities of Pioneer's and schoolchildren's Palaces and Homes, sports schools and grounds, scientific and technological stations and other specialised children's establishments, especially by place of residence and study of children.

68

Shall increase the activity and improve the work of housing offices in the upbringing of children, making their leisure more creative, spreading more widely the experience of the best housing offices in which, with help from the public, parents' advisory centres, children's rooms, children's sports grounds, arts groups, circles and libraries have been set up and are operating.

3. In order to create the most favourable conditions for women to combine a job in social production with bringing up children:

b) from 1981, working women with two or more children under the age of twelve years shall be provided with:

three additional days paid holiday, providing the total duration of the working woman's holiday, including this additional period, does not exceed 28 calendar days;

preferential rights to annual holidays during the summer or any other convenient time of year;

the right to additional unpaid leave to look after children for up to two weeks, on agreement with the management, at a time permitted by production conditions;

4. In order to increase the material provision for families with children:

a) to introduce during the Eleventh Five-Year Plan period, the payment by the state of a one-time grant to working mothers or mothers who are full-time students to the sum of 50 roubles for a first child and 100 roubles for the birth of the second and third children, the grants for the birth of the fourth and subsequent children being maintained as previously;

b) to increase in 1981 the size of state allowances to single mothers to 20 roubles a month per child and decree that this allowance be paid until the child reaches the age of 16 years (18 years for full-time students who do not receive the state stipend);

d) from 1981, to pay grants to all successful students and students with children in higher, specialised secondary, vocational and technological educational establishments.

6. Shall take measures to improve the living conditions of families with children and young marrieds, extending their advantages in receiving state housing, as well as in individual and co-operative construction.

9. Shall recognise it as necessary and continue to pursue 69 a policy of subsidised state retail prices for children's range goods. Raise the responsibility of ministries and enterprises producing children's goods for satisfying the requirements of families with different income levels for these goods, improve their quality and range, and not permit cuts or a halt to the production of inexpensive children's goods enjoying a demand among the population.

11. In order to create the most favourable conditions for children's leisure, especially during school holidays, as well as holidays out of town with parents:~

shall, during the Eleventh Five-Year Plan period, introduce additional privileges with respect to paid trips to Pioneer camps, half the cost of the trip to be provided to the parents free of charge and the remainder paid at a rate of 20 per cent of the actual cost;~

shall ensure the further development of the network of holiday homes and other health-building institutions for family holidays, extend the advantages enjoyed by families with two or more children in obtaining trips to such establishments;~

provide women with two or more children with preferential rights in joining gardening and horticultural societies, expanding the opportunities for family holidays and bringing up children, and their contact with nature.

__ALPHA_LVL2__ THE CODE OF LABOUR LEGISLATION OF THE RSFSR

Ratified by Law of the RSFSR of 9 December 1971
(Gazette of the Supreme Soviet of the RSFSR, No. 50,1971,
Item 1007)

(Extract)

Chapter XI

THE LABOUR OF WOMEN

Article 162. Prohibition of Night and Overtime Work and of Travelling on Assignments for Pregnant Women, Nursing Mothers, and Women with Children Under the Age of One Year

It shall not be permitted to employ pregnant women, nursing mothers and women with children under one year 70 of age on night and overtime work, for work on days off, or to send them on travelling assignments.

Article 163. Restrictions on Overtime Work and Travelling Assignments for Women with Children Between the Ages of One and Eight Years

It shall not be permitted to employ women with children from one to eight years of age on overtime work or to send them on travelling assignments unless they give their consent.

Article 164. Transfer of Pregnant Women, Nursing Mothers and Women with Children Under One Year of Age to Easier Jobs

In conformity with a medical certificate, pregnant women shall be transferred to an easier job for the period of their pregnancy, and shall continue to draw their previous average pay.

Nursing mothers and mothers with children under one year of age shall, if they are unable to carry out their normal work, be transferred to easier jobs, and shall continue to draw their previous average pay until their children are weaned or until they reach the age of one.

Article 165. Maternity Leave

Women shall be entitled to maternity leave of fifty-six calendar days before and fifty-six days after giving birth; during this period they shall receive an allowance paid out of state social security funds. In the event of complications during childbirth, or the birth of two or more children, the length of the postnatal leave shall be extended to seventy calendar days.

Article 166. Addition of Annual Leave to Maternity Leave

At the woman's request, she shall be entitled to annual leave before or directly after her maternity leave, 71 regardless of her length of service in the given enterprise, establishment or organisation.

Article 167. Additional Unpaid Leave for Mothers with Children Under One Year of Age

Apart from maternity leave, at her request, a woman shall be entitled to additional unpaid leave until the child reaches one year of age. During the period of leave, the woman's job (position) shall be held open for her.

This leave may be taken in full or in part at any time until the child reaches one year of age.

Additional unpaid leave is counted in the woman's general and unbroken service record, as well as her service record in her speciality.

Additional unpaid leave shall not count towards the working time providing entitlement to subsequent annual leave.

Article 168. Leave to Women Adopting Newborn Babies

Women who adopt newborn babies straight from a nursing home shall be entitled to leave from the date of adoption until fifty-six calendar days after the child's date of birth; during this period, they shall receive an allowance paid out of state social security funds.

At the request of a woman who has adopted a newborn baby straight from a maternity home, she shall be entitled to additional unpaid leave until the child reaches one year of age (Article 167).

Article 169. Daytime Breaks for Nursing Mothers

In addition to the normal mealtime and rest intervals, nursing mothers and women with chidren under one year of age shall be entitled to additional breaks for nursing their children.

Such breaks shall be granted for not less than thirty minutes every three hours. For two or more children under the age of one, such breaks shall be not less than an hour in duration.

72

Breaks for nursing children shall be regarded as working time and paid at the mother's average rate of earnings.

The timing of and procedure for granting breaks shall be established by the management together with the factory, plant or local committee of the trade union, taking into consideration the mother's wishes.

Article 171. Trips to Sanatoria and Holiday Homes for Pregnant Women and Material Assistance to Them

The management of the enterprise or organisation, on agreement with the factory, plant or local committee of the trade union, may, where necessary, grant pregnant women trips to sanatoria and holiday homes free of charge or at subsidised rates, and also grant them material assistance.

Article 172. Services for Women in Enterprises and Organisations Employing a High Proportion of Female Labour

Enterprises and organisations employing a high proportion of female labour shall organise creches and kindergartens, nursing rooms, and also rooms with facilities for the women's personal hygiene.

__ALPHA_LVL2__ ON GENERAL MILITARY SERVICE

Law of the USSR of 12 October 1967
(Gazette of the Supreme Soviet of the USSR, No. 42, 1967,
Item 552
)

(Extract)

Chapter IV

ON THE CALL-UP TO MILITARY SERVICE

Article 32. The Executive Committees of the Soviets of Working People's Deputies shall:

d) Provide for the well-being of the families of conscripts to military service and take measures to ensure the strict 73 observance of current legislation on subsidies and allowances for these families. They shall, within one month of receiving a request, find empoyment for the wives of men called up for active military service and, within the same period of time, arrange for their children to attend available creches and kindergartens, irrespective of the department under whose auspices these child-care institutions may be.

Chapter V

ON DEFERMENT OF CALL-UP TO MILITARY SERVICE

Article 34. Deferment of Call-up to Military Service as a Consequence of Family Circumstances Shall Be Granted to Conscripts Who Have Dependent upon Them:

b) two or more children or a wife who is a first-or secondcategory disabled person.

c) an able-bodied unmarried mother with two or more children below the age of dight but no other able-bodied children obliged by current legislation to pay the mother maintenance, irrespective of whether they reside together with the mother or separately;

d) one or more brothers and sisters below the age of sixteen years or over the age of sixteen, but disabled persons of the first or second category, in the absence of other persons able to take over their maintenance, and also in the absence of the possibility of arranging for brothers and sisters to enter children's homes, boarding schools or special medical treatment establishments.

__ALPHA_LVL2__ ON MEASURES TO FURTHER IMPROVE THE MEDICAL
SERVICE AND PROTECTION OF THE HEALTH OF THE
POPULATION OF THE USSR

Resolution of the CPSU Central Committee and Council of Ministers
of the USSR of 14 January 1960, No. 58
(Collected Resolutions of the Government of the USSR, No. 3,
1960, Item 14
)

(Extract)

6. Entitle the Councils of Ministers of the Union Republics to allow the provision, free of charge, of milk formula 74 from milk kitchens to children up to the age of one year in the early stages of weaning and being bottle-fed, in large and low-income families.

__ALPHA_LVL2__ ON ABOLITION OF PAYMENT FOR
KEEPING TUBERCULAR CHILDREN IN
CHILDREN'S SANATORIA

Resolution of the Council of Ministers of the USSR of 28
December 1965, No. 1128
(Collected Resolutions of the Government of the USSR, No. 1,
1966, Item 7
)

(Extract)

The Council of Ministers of the USSR decrees that: as of 1 January, 1966, payment for keeping tubercular children in tuberculosis sanatoria, pre-school institutions, boarding-school sanatoria and sanatorium-type forest schools shall be abolished.

__ALPHA_LVL2__ MODEL COLLECTIVE FARM RULES

Adopted by the Third All-Union Congress of Collective
Farmers and Ratified by Resolution ofth'e CPSU Central Committee
and the Council of Ministers of the USSR of 28 November 1969,
No. 910

(Collected Resolutions of the Government of the USSR, No. 26,
1969, Item 150
)

(Extract)

VII. DISTRIBUTION OF THE GROSS OUTPUT AND INCOME OF THE COLLECTIVE FARM

37. From the physical product of the collective farm's cultivation and livestock breeding it shall:

allocate produce for public catering, for maintaining child-care institutions and orphans, and part of the produce and fodder for rendering assistance to pensioners, the disabled and needy members of the collective farm.

75

IX. CULTURE, LIFE-STYLE AND AMENITIES

41. The collective farm shall take measures to improve the cultural and living conditions of the collective farmers, show day-by-day concern for consolidating the health and physical education of the members of the collective farm and their families.

To this end, the collective farm shall:~

build and equip collective farm clubs, libraries and other cultural and educational establishments, and sports facilities, further the development of physical culture and sport, and set up creches and kindergartens;

assist parents and school in the correct upbringing of children, maintain close links with the school, render assistance to the public education bodies in the industrial training of children, provide schools with allotments, equipment, seeds, fertiliser and transport, and jobs for school leavers on the collective farm ...

The collective farm shall work to raise the industrial qualifications, cultural and technical level of the members of the collective farm; in the established manner, send collective fanners to study in higher and secondary specialised educational institutions, vocational and technical colleges and schools, and on courses for improving qualifications; provide subsidies envisaged in current legislation to collective farmers studying successfully in correspondence and evening general and specialised educational instituitons and working conscientiously on the collective farm.

__ALPHA_LVL2__ ON THE FUNDAMENTAL RIGHTS AND DUTIES
OF TOWNSHIP AND VILLAGE SOVIETS OF WORKING
PEOPLE'S DEPUTIES

Decree of the Presidium of the Supreme Soviet of the USSR
of 8 April 1968

(Gazette of the Supreme Soviet of the USSR, No. 16, 1968, Item 131; No. 49, 1978, Item 797)

(Extract)

Article 4. Township and Village Soviets of Working People's Deputies shall:~

76

12) provide universal compulsory secondary education for young people; supervise the work of schools, boarding schools, pre-school child-care, and extramural establishments located on the Soviet's territory; take measures to strengthen the links between school and industry, improve vocational education, training and careers' guidance, and provide pupils in general education schools with textbooks free of charge; in accordance with current legislation, decide questions concerning the exemption of pupils in extendedday schools (groups), maintained by the township or village budget from payment for school meals and questions concerning the distribution of the fund for general compulsory education between schools;~

14) organise the work of health establishments supported by the township or village budget; supervise the work of health establishments subordinated to higher organs and located on the territory of the Soviet;~

15) ...make proposals to the Executive Committee of the higher Soviet with respect to the allocation of allowances to mothers of large families and to unmarried mothers...;~

16) ...appoint trustees and guardians.

__ALPHA_LVL2__ ON THE FUNDAMENTAL RIGHTS AND DUTIES OF
CITY AND DISTRICT SOVIETS OF WORKING
PEOPLE'S DEPUTIES IN TOWNS

Decree of the Presidium of the Supreme Soviet of the USSR
of 19 March 1971

(Gazette of the Supreme Soviet of the USSR, No. 12, 1971, Item 133; No. 49, 1978, Item 796)

(Extract)

Article 7. The city Soviet of Working People's Deputies subordinate to the Republic, Territory or Region shall:

21) organise the public education, pre-school and extramural upbringing of children; provide universal compulsory secondary education for young people; take measures to strengthen the links between school and industry, improve vocational training, training and careers' guidance, and provide pupils in general schools with textbooks free of 77 charge; supervise the work of children's homes, pre-school and extramural child-care institutions not maintained by the city budget; where necessary, decide, in accordance with established legislation, questions concerning the payment of subsidies to citizens for maintaining children in boarding schools, residential sections of schools, as well as the payment for the school meals of children in extended-day schools (groups); in accordance with the established procedure, distribute the fund for general compulsory education; decide questions concerning adoption, and also trusteeship and guardianship over minors;

23} ...organise protection of mothers and children;

26) ...ratify plans for providing jobs for school-leavers and ensure that they are fulfilled by all enterprises, establishments and organisations.

__ALPHA_LVL2__ STATUTE ON THE MINISTRY OF PUBLIC HEALTH
OF THE USSR

Ratified by Resolution of the Council of Ministers of the USSR
of 17 July 1968, No. 548

(Collected Resolutions of the Government of the USSR, No. 14, 1968, Item 91)

(Extract)

6. In addition to carrying out the functions envisaged in the General Statute on the Ministries of the USSR in the spheres of planning, science and technology, construction, material and technical supply, finance and credit, personnel, labour and wages, and also in the sphere of economic, scientific, technological and cultural ties with other countries, the Ministry of Public Health of the USSR shall:

c) elaborate measures for the protection of mothers and children; organise legal aid in the cause of the protection of mothers and children; together with interested ministries, departments and organisations, implement measures to protect the work of women and adolescents, to improve the health and ensure the physical and hygienic training of children, supervise the health of children in pre-school child-care and educational establishments, irrespective 78 of the department to which they are subordinated, make mandatory demands concerning the production, sale and consumption of foodstuffs for children.

__ALPHA_LVL2__ STATUTE ON STATE SANITARY SUPERVISION IN THE USSR

Ratified by Resolution of the Council of Ministers of the USSR
of 31 May 1973, No. 361

(Collected Resolutions of the Government of the USSR, No. 16, 1973, Item 86)

(Extract)

7. The Ministry of Public Health of the USSR shall, in the sphere of state sanitary supervision:

f) consider proposals, presented for agreement, on the study and work load and average timetable of children educated in child-care istitutions and attending school.

__ALPHA_LVL2__ STATUTE ON THE MINISTRY OF EDUCATION OF THE USSR

Ratified by Resolution of the Council of Ministers of the USSR
of 7 January 1969, No. 7

(Collected Resolutions of the Government of the USSR, No. 2, 1969, Item 13)

(Extract)

l.The Ministry of Education of the USSR shall be responsible for the state and further development of the system of public education, for the quality of teaching and upbringing of children and young people in general educational schools, pre-school child-care and extramural establishments, and also for the state and development of the pedagogical sciences in the country.

6. The Ministry of Education of the USSR shall:

m) draw up and confirm model provisions on schools, children's pre-school and extramural establishments;

p) together with the Ministry of Public Health of the USSR, supervise observance of conditions and fulfilment of measures ensuring the protection and strengthening of the health of children in schools and pre-school child-care institutions.

79 __ALPHA_LVL2__ STATUTE ON THE RAILWAYS OF THE USSR

Ratified by Resolution of the Council of Ministers of the USSR
of 6 April 1964, No. 270

(Collected Resolutions of the Government of the USSR, No. 5, 1964, Item 36)

(Extract)

16. Railway stations shall have ... rooms for passengers with children, and mother and child rooms...

128. The passenger shall have the right:

b) to have one child up to the age of five years accompany him free of charge, provided the child does not occupy a separate seat.

__ALPHA_LVL2__ ON THE FURTHER DEVELOPMENT AND IMPROVEMENT OF
FAMILY HOLIDAYS AT HEALTH RESORTS AND TOURIST
ESTABLISHMENTS OF TRADE UNIONS

Resolution of the Presidium of the A UCCTU of 28 March 1975,
Protocol No. 7, par. 15
(Collected Resolutions of the All-Union Central Council of Trade
Unions, January-March 1975, Moscow, Profizdat, 1975, pp. 147--52
)

(Extract)

The Presidium of the AUCCTU decrees that:~

2. The Central, republican, area, territorial, and regional councils for the management of health resorts of trade unions, the Central, republican, territorial and regional councils on tourism and excursions shall:~

provide holiday trips to guest houses and holiday homes, tourist camps and hiking trails, for 2 or 3 or 4 persons, depending on the number of places in each room;~

elaborate and implement measures to improve the amenities of holiday and tourist establishments catering for parents and children; make sure that each such establishment is ready for the season and has a complete and fully qualified staff;~

improve the organisation of food catering for children;~

increase the prophylactic side of the work of health resorts of trade unions for family holidays, focussing particular attention on making widespread use of natural climatic 80 factors to strengthen the health of the holiday-makers, and create the conditions for an active holiday for adults and children; organise more fact-finding and informative treks, excursions and rambles for children; hold meetings, competitions, tourist and sports days and other games among young tourists, taking into account their age specifics; organise group work among children and teenagers according to their interests;~

build sports and games courts, equip entertaining playgrounds and games libraries; allocate special premises for holding group work; and children's and young people's literature, newspapers and magazines to libraries; extend the list of domestic, cultural, sports and tourist equipment available on loan to the holiday-makers, including things specifically intended for children.

4. Note shall be taken of the announcement by the Central Council on Tourism and Excursions that, from 1975 onwards, the acceptance (on family holidays) of parents with children of seven years or older on radial hiking routes will be organised by tourist camps specially equipped for family holidays, and also on weekend hikes.

5. Republican, territorial and regional councils of trade unions shall: ...provide family holidays for factory and office workers at health resorts and tourist establishments of trade unions intended for this purpose at 30 per cent of cost or free of charge; the remainder shall be paid for out of the social security funds, within the established normal limits, irrespective of whether the other members of the family going on the family holiday work or not; recommend Factory and Plant Committees to allocate the available holiday permits to family health resorts, belonging to factories or other organisations, to factory and office workers on these same conditions.

__ALPHA_LVL2__ STATUTE ON INFANTS' HOMES

Ratified by Decree of the Ministry of Public Health of the USSR of 19 January 1976, No. 52

(Extract)

1. The infants' home is a health institution intended for the upbringing of, and provision of medical care to orphans, 81 abandoned children, the children of parents unable to bring them up, and children with physical or mental handicaps.

2. Children are brought up in an infants' home from birth to the age of three, and infants with physical or mental handicaps to the age of four.

3. Children are discharged to return to their families, to go to a children's home under the educational system, a boarding house of the social security system or to be adopted or assigned a trustee.

11. The upbringing, treatment and health-building work with children in the infants' home is carried out by nurses and trained teachers under the supervision of the head doctor.

__ALPHA_LVL2__ STATUTE ON COMMISSIONS FOR THE AFFAIRS OF MINORS

Ratified by Decree of the Presidium of the Supreme Soviet of the
RSFSR of 3 June 1967
(Gazette of the Supreme Soviet of the RSFSR, No. 23, 1967
,
Item 536;No. 4,1969, Item 89;No. 22,1971, Item 433;
No. 51,1972, Item 1209; No. 29,1974, Item 782;No. 12,1977
,
Item 259)

(Extract)

I. THE TASKS OF THE COMMISSIONS FOR THE AFFAIRS OF MINORS AND THE PROCEDURE FOR THEIR ORGANISATION

Article 1. The main tasks of the Commissions for the Affairs of Minors shall be to organise work to prevent neglect of and infringement of the law by minors, the placement of minors and protection of their rights, co-ordination of the efforts of state bodies and public organisations on these issues, consideration of cases of infringements of the law by minors and supervision of the conditions for their retention and the carrying out of educational work with minors in the establishments of the Ministry of Internal Affairs and special educational establishments.

82

II. PREVENTION OF NEGLECT OF AND INFRINGEMENT OF THE LA W BY MINORS; THE PLACEMENT OF MINORS

Article 8. District (City) Commissions for the Affairs of Minors shall combine and co-ordinate the efforts of the agencies and establishments of public education, the health service, social security, culture, internal affairs, and other establishments, enterprises, and organisations in the district (city), and also of teachers and organisers of work with children and adolescents by place of residence, public bodies entrusted with the upbringing of children and adolescents, their placement, strengthening their health, preventing neglect of and violations of the law by minors and protecting their rights.

District (City) Commissions for the Affairs of Minors shall elaborate and implement, both directly and through the corresponding state bodies and public organisations, measures to prevent neglect of and violations of the law by minors, to place them and organise the constructive leisure of children and adolescents, and also to provide assistance in the upbringing of minors.

Article 9. District (City) Commissions for the Affairs of Minors shall, together with the bodies of public education, vocational and technical training, social security, the militia and with the broad participation of the public, find out about and register: children and adolescents left without parents; minors with parents or persons acting in loco parentis who do not provide suitable conditions for the upbringing of the children; adolescents who have left school and are not working, and also other minors requiring state and public assistance; and shall take measures to make arrangements for them.

Resolutions of the Commissions indicating the form of care for the minors shall be sent:~

to the departments of public education and other state and public organisations for the placement of children in general educational schools, boarding schools, children's homes, schools for mentally retarded, deaf-and-dumb and blind children and other corresponding educational establishments, and to the families of working people for subsequent establishment of trusteeship, guardianship, fostering or adoption;~

83

to the bodies of social security for the placement in children's homes for the mentally retarded and for children with physical handicaps;~

to the administration of vocational and technical training for the placement of minors in vocational and technical educational establishments;~

to the managements of enterprises, organisations and establishments for the provision of jobs.

Article 14. District (City) Commissions for the Affairs of Minors shall be empowered:

a) to check on the conditions under which children and adolescents are kept and brought up in boarding schools, children's homes, vocational and technical colleges, special educational and upbringing and treatment and educational institutions, corrective labour colonies and reception and distribution centres for minors, and also to check on the work of the inspectors for the affairs of minors;~

b) to check on the organisation of educational work with children and adolescents in general schools and other educational establishments, cultural and educational ones, housing committees, house managements, and also in enterprises, organisations and establishments where minors are employed;~

c) to demand that the managements of enterprises, organisations and establishments provide the information required for the work of the commission;~

d) to consider, at meetings of the commission, information provided by the managements of the given enterprises, organisations and establishments on questions relating to the conditions under which children and adolescents are kept and brought up;~

e) to interview minors personally, review their complaints and applications, and acquaint themselves with their personal affairs;~

f) to involve the public in the re-education of minors and appoint public educators;~

g) to make representations to state establishments, enterprises and public organisations on questions of educational work, the industrial training, employment and placement of minors for further study;~

h) to plead for pardon for minors, make representations in a court of law concerning exemption from punishment, 84 reduced punishment, suspended sentences, the early expunction of conviction....

III. MATTERS CONSIDERED BY THE COMMISSIONS FOR THE
AFFAIRS OF MINORS. MEASURES FOR EXERTING AN INFLUENCE
AND THE PROCEDURE FOR APPLYING THEM

Article 17. District (City) Commissions for the Affairs of Minors shall be responsible for considering the cases of minors: who have~

a) at an age of up to 14 years, committed acts that constitute a public danger;

b) at an age of 14 to 16 years, committed acts that constitute a public danger, not covered in Article 10 of the Criminal Code of the RSFSR;^^*^^

c) at an age of 14 to 18 years, committed a criminal act, but towards whom no criminal case was brought or where criminal proceedings were broken off in accordance with the procedure envisaged in Articles 8 and 10 of the Criminal Procedural Code of the RSFSR;^^**^^

d) at an age of up to 16 years, committed a minor act of hooliganism or, at an age of up to 18 years, committed minor illegal speculation or other administrative infringements, responsibility for which is directly stipulated by the acts of higher state authorities and state management bodies of the USSR, RSFSR and Autonomous Republics, and also the decisions of local Soviets of Working People's Deputies and their Executive Committees;~

at an age of 16 to 18 years, committed an act of minor hooliganism, where the head of the organ of the militia or people's judge, considering the character of the offendant and the nature of the act committed, considers it advisable _-_-_

^^*^^ See pp. 97--98.

^^**^^ In accordance with Article 8 of the Criminal Procedural Code of the RSFSR, the court, procurator and investigator have the right to halt criminal proceedings with respect to a minor and submit the case for the consideration of the Commission for the Affairs of Minors. Under Article 10 of the Criminal Procedural Code of the RSFSR, the court, procurator, investigator and the investigatory bodies have the right to hand over material for the consideration of a comrades' court or the Commission for the Affairs of Minors, or to release the accused on bail.

85 to hand the matter over to the Commission for consideration~;~

e) committed anti-social acts;~

f) refused to study or to work.

__ALPHA_LVL2__ STATUTE ON PUBLIC EDUCATORS OF MINORS

Ratified by Decree of the Presidium of the Supreme Soviet of the
RSFSR of 13 December 1967
(Gazette of the Supreme Soviet of the RSFSR, No. 51, 1967,
Item 1239)

(Extract)

I. GENERAL PROVISIONS

l.The institution of public educators was established in order to increase the part played by the public in educating minors who have committed offences.

The main task of public educators is to give assistance to parents or persons acting in loco parentis, to re-educate offenders who are under age in the spirit of respect for and observance of the law and the rules of socialist society.

2. Public educators may be factory and office workers, collective farmers, intellectuals, members of the armed forces, students, pensioners or other citizens taking an active part in the life of society and possessing the necessary general educational background, experience of life or of work with children, on the condition that they agree to assume the duties of a public educator.

Persons recommended as public educators are proposed by a general meeting of the working people's collective or that of the public organisation of which they are a member, or by a meeting of the residents of the building in which they live. Lists of those recommended are handed over to the Commission for the Affairs of Minors under the Executive Committee of the District (City) Soviet of Working People's Deputies. These persons then become members of the Commission's active personnel.

4. The handing over of a minor to the supervision of a public educator is carried out by the District (City) Commission for the Affairs of Minors on the basis of a decision, sentence or resolution of a court of law recognising the need to appoint a public educator, or on its own initiative or that of state bodies, public organisations or citizens.

86

II. THE DUTIES OF A PUBLIC EDUCATOR

11. A public educator shall:~

a) give help to the parents or persons acting in loco parentis of the minor; exert every effort to reform the minor, eradicate any harmful or immoral habits and ideas he might have, prepare him for conscientious socially useful activities; cultivate in the minor a spirit of the revolutionary, labour and fighting traditions of his people, respect for his elders, and love for his homeland; instil in him a feeling of responsibility towards society and the state;~

b) supervise the minor's regular attendance at lessons, make sure he keeps up with his studies, does his homework, behaves well at school, at work, at home, in the street and in public places; involve him in the work of extramural children's establishments and groups; take measures to create suitable conditions for the correct organisation of the minor's study, work and leisure;~

c) where necessary, help to involve the minor in socially useful work, arrange for him to attend an educational institution, sports, technical and other groups and clubs.

In the course of his work, the public educator shall, taking into consideration the minor's character, make use of the most effective forms and means of educational work, where necessary requesting help from the District (City) Commission for the Affairs of Minors, public organisations, members of the militia, teachers, doctors and other experts.

__ALPHA_LVL2__ ON THE FUNDAMENTAL DUTIES AND RIGHTS
OF INSPECTORS FOR THE AFFAIRS OF MINORS,
RECEPTION AND DISTRIBUTION CENTRES FOR MINORS
AND SPECIAL EDUCATIONAL ESTABLISHMENTS
FOR PREVENTING NEGLECT OF AND INFRINGEMENTS
ON THE LAW BY MINORS

Decree of the Presidium of the Supreme Soviet of the USSR of
15 February 1977
(Gazette of the Supreme Soviet of the USSR, No. 8, 1977, Item 138)

(Extract)

For the purpose of further strengthening socialist legality in the activities of state bodies and public organisations for 87 preventing neglect of and infringements of the law by minors, providing suitable conditions for bringing up children and adolescents in need of a special pedagogical regime, improving the effectiveness of measures employed with respect to young offenders to exert an educational influence on them, the Presidium of the Supreme Soviet of the USSR decrees that:

1. Inspectors for the affairs of minors of the bodies of internal affairs, reception and distribution centres, special general schools for children and adolescents requiring particular conditions for their upbringing, and special vocational and technical schools shall be called on to resolve, in accordance with the present Decree, the tasks involved in preventing neglect of and offences by minors, in exercising the necessary educational influence over them, and ensuring suitable conditions for their studies.

3. Inspectors for the affairs of minors, reception and distribution centres for minors and special educational and upbringing establishments shall, in their work on preventing neglect of and offences by minors and on re-educating them, rely on the support and assistance of Young Communist League and trade union organisations, work collectives, sports, cultural and educational establishments, voluntary people's militia for protection of the public order and other state and public organisations.

I. INSPECTORS FOR THE AFFAIRS OF MINORS

6. Inspectors for the affairs of minors subordinate to internal affairs bodies shall:~

a) carry out work to prevent infringement of the law among minors who have:~

been released from places of confinement;~

been given suspended sentences or sentenced to punishment not involving deprivation of liberty;

committed offences, but are not held criminally responsible in connection with the application of measures of public influence or as a result of an amnesty, and also who have committed socially dangerous acts before reaching the age of criminal responsibility;~

returned from special educational and upbringing establishments~;~

88 committed offences entailing measures of public or administrative influence;~

regularly, up to the age of 16, run away from home without permission or left special educational and upbringing establishments without permission;~

deliberately refused to study or work;~

regularly indulged in betting, and also led any other sort of anti-social way of life;~

b) participate in educational work with minors and take measures to avert infringements of the law and any other anti-social acts by minors;~

c) disclose parents and persons acting in loco parentis who have deliberately not fulfilled their duties in educating children and have, with their anti-social behaviour, prompted them to commit offences;~

d) within eight hours from the moment of discovery, send lost, abandoned, and in urgent cases-other children and adolescents left without parental care, to establishments of the bodies of the health service, public education or to reception and distribution centres for minors;~

e) inform local state bodies, public organisations, the administration of the place where the minors study or work, and also where the parents or persons acting in loco parentis work, of offences committed by minors, and the factors and conditions prompting them to commit these offences;~

f) make proposals to the corresponding state bodies and public organisations concerning the appointment of public educators and other representatives of the public to carry out educational work on an individual basis with minors who have committed offences, to involve these minors in socially useful activities, sports and other groups and clubs, and to organise their leisure time.

II. RECEPTION AND DISTRIBUTION CENTRES FOR MINORS

9. Reception and distribution centres for minors are intended for children and adolescents who have:

a) been abandoned or lost;

b) been left, at an age under 16 years, without the care of parents or persons acting in loco parentis, where help on 89 the part of the state and society is required;~

c) been sent to special general schools for children and adolescents in need of particular conditions for their upbringing, or to special vocational and technical schools;~

d) left home, without permission, up to the age of 16 years, and also those who have left home between the ages of 16 and 18 years, but who are not yet mature and require supervision and assistance;~

e) left, without permission, special general schools for children and adolescents in need of particular conditions for their upbringing, special vocational and technical schools, and also other child-care establishments;~

f) between the ages of 11 and 14 years, committed socially dangerous acts necessitating their immediate isolation.

In this case, the under-age offenders shall be kept separately from other children and adolescents.

Minors may be kept in reception and distribution centres for the time required to place them, but for not more than 30 days.

III. SPECIAL GENERAL SCHOOLS
FOR CHILDREN AND ADOLESCENTS IN NEED OF PARTICULAR
CONDITIONS FOR THEIR UPBRINGING, AND SPECIAL VOCATIONAL
AND TECHNICAL SCHOOLS

11. Special general schools for children and adolescents in need of particular conditions for their upbringing and special vocational and technical schools within the system of public education bodies are intended for the teaching of minors, their preparation for a choice of career, their re-- education and reform, for the development of moral qualities in them in the spirit of the demands of communist morality, their physical, labour, aesthetic and legal education.

12. Under-age offenders between the ages of 11 and 14 years shall be sent to special schools in accordance with resolutions of Commissions for the Affairs of Minors under the Executive Committees of district, or city Soviets of Working People's Deputies.

Under-age offenders between the ages of 14 and 18 years shall be sent to special vocational and technical schools on the basis of resolutions of the Commissions for the Affairs of Minors under the Executive Committees of district or 90 city Soviets of Working People's Deputies or as instructed by a court of law.

Minors may be kept in special schools up to the age of 15 years and in special vocational and technical schools, up to the age of 18 years.

In exceptional circumstances, pupils may be kept in special schools for an extra year, until they reach the age of 16 years.

Minors shall be kept in special educational and upbringing institutions until they are reformed, but for not more than three years.

The Commission for the Affairs of Minors of the area in which special educational and upbringing establishments are located may give permission for pupils to remain in a special school or a special vocational and technical school after three years have elapsed until they have attained the corresponding level of general education or vocational training in the current academic year.

13. ...Pupils in special schools who have reached the age of 15 years but have not reformed their behaviour may, by resolution of the Commission for the Affairs of Minors under the Executive Committee of the district or city Soviet of Working People's Deputies, be sent to special vocational and technical schools.

Minors released from special schools shall be sent to their parents or persons acting in loco parentis, and minors without trusteeship or guardianship, to the corresponding educational and upbringing establishments of a general type.

16. The administration of special schools and special vocational and technical schools shall maintain contact with the parents of their pupils or with the persons acting in loco parentis through correspondence, personal interviews and parental meetings.

Pupils may be visited by their parents or persons acting in loco parentis with the permission of the director.

The pupils in special schools or special vocational and technical schools shall be permitted to write and receive letters and to receive various types of parcel and money order.

91

IV. MATERIAL AND EVERYDAY PROVISION AND MEDICAL CARE
FOR MINORS IN RECEPTION AND DISTRIBUTION CENTRES,
AND SPECIAL EDUCATIONAL AND UPBRINGING INSTITUTIONS

17. Persons placed in reception and distribution centres for minors, special schools, and special vocational and technical schools shall be provided with the necessary living conditions corresponding to the rules of good sanitation and hygiene.

Minors shall be provided with food, clothing and other material equipment and with everyday living conditions according to the standards established by the Council of Ministers of the USSR and the Councils of Ministers of the Union Republics.

Treatment and preventive medicine and anti-- epidemiological work in the given institutions shall be organised and carried out in accordance with the health legislation of the USSR and the Union Republics.

__ALPHA_LVL2__ FUNDAMENTALS OF CRIMINAL LEGISLATION
OF THE USSR AND THE UNION REPUBLICS

Ratified by Law of the USSR of 25 December 1958
(Gazette of the Supreme Soviet of the USSR, No. 1, 1959,
Item 6)

(Extract)

SECTION II

Crime

Article 10. The Responsibility of Minors

Persons who, before the commission of a crime, have attained the age of sixteen years, shall be subject to criminal responsibility.

Persons who have committed crimes between the ages of fourteen and sixteen years shall be subject to criminal responsibility only for homicide, intentional infliction of bodily injury causing an impairment of health, rape, assault with intent to rob, theft, malicious hooliganism, intentional 92 destruction of or damage to state or public property, or the personal property of citizens, entailing grave consequences, and also for the intentional commission of actions which may cause a train wreck.

Where the court finds that a person who, while under the age of eighteen years, has committed a crime not representing a great social danger can be reformed without the application of criminal punishment, it may apply to such a person compulsory educational measures which are not criminal punishment.

The types of compulsory educational measure and the manner of their application shall be established by the legislation of the Union Republics.

SECTION III

On punishment

Article 22. The Extreme Punishment---the Death Sentence

Persons under the age of eighteen at the time of their offence, and women who are pregnant at the time of the offence or the time when sentence is passed cannot be sentenced to death.

The death sentence cannot be applied to women who are pregnant at the time when the sentence is due to be carried out. (Amended version of Decree of 4 April 1962,Gazette of the Supreme Soviet of the USSR, No. 14, 1962, Item 147.)

Article 23. Deprivation of Liberty

In applying punishment to a person who had not attained the age of eighteen years before the' commission of the crime, the term of deprivation of liberty may not exceed ten years.

The serving of punishment in educational-labour colonies shall be assigned:

to male minors sentenced for the first time to deprivation of liberty for minor crimes, or sentenced for the first time 93 for grave crimes for a term of up to three years, and also to female minors---in colonies with ordinary regime;

to male minors who had previously served punishment in the form of deprivation of liberty and also those being sentenced to deprivation of liberty for grave crimes for a term of more than three years---in colonies with reinforced regime.

Depending on the nature and degree of social danger of the crime committed, the character of the guilty person and other circumstances of the case, the court may, stating the motive for its decision, assign the serving of deprivation of liberty by ... convicted male minors---in educational-labour colonies with ordinary regime instead of colonies with reinforced regime. (Amended version of Decree of 8 February 1977, Gazette of the Supreme Soviet of the USSR, No. 7, 1977, Item. 116.)

Article 24. Exile and Restricted Residence

Exile and restricted residence shall not be applied to persons who, before the commission of a crime, have not attained the age of eighteen years. Neither shall exile be applied to pregnant women, and women with dependent children under the age of eight years.

SECTION IV

Assignment of punishment or relief from punishment

Article 33. Circumstances Mitigating Responsibility

In the assignment of punishment, the following shall be deemed to be circumstances mitigating responsibility:~

6) commission of the crime by a minor;~

7) commission of the crime by a woman who is pregnant.

Article 34. Circumstances Aggravating Responsibility

In the assignment of punishment, the following shall be deemed to be circumstances aggravating responsibility:~

94

5) commission of the crime against a young, aged or helpless person;~

6) incitement of minors to commit the crime or involvement of minors in the commission of the crime.

Article 39(1). Stay of Execution of Judgement on a Minor

When sentencing a minor for the first time to deprivation of liberty of up to three years, the court may, taking into account the nature and degree of social danger of the crime committed, the character of the offender and other circumstances of the case, and also the possibility of reforming and re-educating the offender without isolating him from society, suspend the execution of the sentence of deprivation of liberty with relation to such a person for a period of six months to two years. The court may, in such cases, suspend the execution also of additional punishment. (Amended version of Decree of the Presidium of the Supreme Soviet of the USSR of 15 February 1977, Gazette of the Supreme Soviet of the USSR, No. 8, 1977, Item 137.)

Article 45. Conditional Release From Punishment Before the Expiry of Its Term and Substitution of a Lighter Punishment with Respect to Persons Who Have Committed a Crime When Under the Age of Eighteen Years

Conditional release from punishment before the expiry of its term or substitution of a lighter punishment for the unserved part of the term of punishment may be applied to persons sentenced to deprivation of liberty or corrective labour for crimes committed when under the age of eighteen years.

Conditional release from punishment before the expiry of its term or substitution of a lighter punishment for the unserved part of the term may be applied to a person convicted for a crime committed when under the age of eighteen years only where he has proved his correction by exemplary conduct and an honest attitude towards his 95 work and training.

Conditional release from punishment before the expiry of its term or substitution of a lighter punishment for the unserved term shall be applied by the court, at the place where the convicted person is serving the term, on the strength of a joint recommendation by the body in charge of the serving of the term and the Commission for the Affairs of Minors or the supervisory commission under the Executive Committee of the local Soviet of Working People's Deputies.

In applying conditional release from punishment before the expiry of its term or substitution of a lighter punishment for the unserved term, the court may impose on a given collective of working people or a person, with their consent, the duty of superintending a person conditionally released before the expiry of his term during the unserved term assigned by the court, or a person for whom a lighter punishment has been substituted for the unserved term, and carrying on educational work with him. (Amended version of Decree of the Presidium of the Supreme Soviet of the USSR of 11 June 1969, Gazette of the Supreme Soviet of the USSR, No. 29, 1969, Item 249.)

__ALPHA_LVL2__ FUNDAMENTALS OF CRIMINAL PROCEDURE
OF THE USSR AND THE UNION REPUBLICS

Ratified by Law of the USSR of 25 December 1958
(Gazette of the Supreme Soviet of the USSR, No. 1, 1959,
Item 15)

(Extract)

SECTION I

General provisions

Article 5. Circumstances Ruling Out Criminal Proceedings

No criminal case may be initiated and one initiated shall be subject to termination:~

96

5) with respect to a person who has not, at the moment of commission of a socially dangerous act, attained the age at which, according to the law, criminal responsibility is possible.

SECTION II

The participants in the trial, their rights and duties

Article 22. The Participation of the Defence Counsel in Criminal Proceedings

The participation of the defence counsel in the preliminary investigation and the court proceedings shall be mandatory in cases involving crimes by minors, by deaf-- anddumb, blind and other persons who, by reason of physical or mental handicaps are unable to exercise their right to defence. In such cases, the defence counsel shall be allowed to participate in the case from the moment the indictment is presented. (Amended version of Decree of 3 February 1972, Gazette of the Supreme Soviet of the USSR, No. 6, 1972, Item 51.)

__ALPHA_LVL2__ THE CRIMINAL CODE OF THE RSFSR

Ratified by Law of the RSFSR of 27 October 1960
(Gazette of the Supreme Soviet of the RSFSR, No. 40, 1960,
Item 591)

(Extract)

Article 10. The Responsibility of Minors

...Where the court finds that a person who, while under the age of eighteen years, has committed a crime not representing a great social danger can be reformed without the application of criminal punishment, it may apply to such a person compulsory educational measures which are not criminal punishment (Article 63).^^*^^

_-_-_

^^*^^ Part three of Article 10.

97

Where the conditions set out in part three of the present article obtain, the minor may be relieved from criminal responsibility and sent to the Commission for the Affairs of Minors for consideration of the application of compulsory educational measures to him.^^*^^

Article 63. The Application of Compulsory Educational Measures to Minors

Where the court, in accordance with part three of Article 10 of the present Code, finds it advisable not to apply criminal punishment to a minor who has committed an offence, it may apply the following compulsory educational measures:~

1) obligation to apologise to the victim publicly or in any other form decided by the court;~

2) declaration of a reprimand or a severe reprimand;~

3) warning;~

4) obligation for a minor who has attained the age of fifteen years to reimburse the material loss engendered, where the minor has an independent income and the sum of the loss does not exceed twenty roubles, or obligation to reimburse with his own work a material loss of not more than twenty roubles; where the material loss engendered exceeds twenty roubles, reimbursement of the loss is effected according to civil procedure;~

5) the handing over of the minor to the strict supervision of the parents or persons acting in loco parentis;~

6) the handing over of the minor to the supervision of the collective of working people, public organisation, with their consent, or also individual citizens at their request. The court may also declare the need to appoint a public educator in accordance with the Decree on Public Educators of Minors;~

7) the placement of the minor in a special educational and upbringing, or treatment and educational institution.

The period, procedure and conditions of the minor's term in special educational and upbringing, or treatment and educational institutions is determined by the Decree on the Commission for the Affairs of Minors. (Amended version _-_-_

^^*^^ Part four of Article 10.

98 of Decrees of the Presidium of the Supreme Soviet of the RSFSR of 8 May 1968 and 11 March 1977, Gazette of the Supreme Soviet of the RSFSR, No. 20, 1968, Item 859; No. 12, 1977, Item 255.)

Article 122. Malicious Avoidance of Paying Maintenance or Maintaining Children

Malicious avoidance by parents of paying sums determined by a court of law for the maintenance of minors or of maintaining dependent children who have attained their majority but are not able-bodied---

shall be punished by deprivation of liberty for a period of up to one year, or exile for a period of up to three years, or corrective labour for a period of up to one year.

Article 124. Abuse of Guardianship Duties

The abuse of guardianship for personal gain or the neglect of wards, leaving them without supervision or the necessary helpshall be punished by deprivation of liberty for a period of up to two years or corrective labour for a period of up to one year.

Article 124(1). Disclosure of the Secret of Adoption

Disclosure of the secret of adoption against the wishes of the adoptershall be punished by corrective labour for a period of up to one year or a fine of up to fifty roubles or by public reprimand. (Ratified by Decree of the Presidium of the Supreme Soviet of RSFSR of 21 May 1970, Gazette of the Supreme Soviet of the RSFSR, No. 22, 1970, Item 441.)

Article 125. Abduction or Substitution of a Child

The abduction of another person's child or the substitution of a child for personal gain or other vile motivesshall be punished by deprivation of liberty for a period of up to seVen years.

The same actions carried out without the characteristics

99 Emacs-File-stamp: "/home/ysverdlov/leninist.biz/en/1982/SLCR191/20070521/178.tx" __EMAIL__ webmaster@leninist.biz __OCR__ ABBYY 6 Professional (2007.05.22) __WHERE_PAGE_NUMBERS__ bottom __FOOTNOTE_MARKER_STYLE__ [*]+ __ENDNOTE_MARKER_STYLE__ [0-9]+ set out in the first part of the present articleshall be punished by deprivation of liberty for a period of up to one year or corrective labour for the same period.

Article 127. Abandonment in Danger

The intentional abandonment without aid of a person in a mortally dangerous state and deprived of the ability to take measures for self-preservation owing to youth, old age, sickness or general helplessness, where the guilty person was in a position to offer assistance to the victim and was obliged to look after him or was himself responsible for putting the victim in the mortally dangerous stateshall be punished by deprivation of liberty for a period of up to two years or corrective labour for a period of up to one year.

Article 210. Involvement of Minors in a Criminal Activity

The involvement of minors in a criminal activity, the drinking of alcohol, begging, prostitution, betting, and equally the use of minors for the purposes of a parasitic existenceshall be punished by deprivation of liberty for a period of up to five years. (Amended version of Decrees of the Presidium of the Supreme Soviet of the RSFSR of 3 July 1965 and of 15 July 1974, Gazette of the Supreme Soviet of the RSFSR, No. 27, 1965, Item 670; No. 29, 1974, Item 782.)

__ALPHA_LVL2__ ON MEASURES TO STEP UP THE STRUGGLE
AGAINST DRUNKENNESS AND ALCOHOLISM

Decree of the Presidium of the Supreme Soviet of the RSFSR of
19 June 1972
(Gazette of the Supreme Soviet of the RSFSR, No. 25, 1972, Item 639)

(Extract)

II. RESPONSIBILITY FOR INVOLVING MINORS IN THE DRINKING OF ALCOHOL

6. Drunk and disorderly behaviour by adolescents up to sixteen years of age in public places and equally the 100 consumption of alcoholic beverages with them shall entail a fine of from three to ten roubles exacted from the parents or persons acting in loco parentis, by the Commissions for the Affairs of Minors under the Executive Committees of city or district Soviets of Working People's Deputies.

7. The employment of minors in work connected with the production, storage and trade in alcoholic beverages shall be prohibited.

__ALPHA_LVL2__ ON THE AMNESTY IN CONNECTION WITH THE
INTERNATIONAL YEAR OF THE CHILD

Decree of the Presidium of the Supreme Soviet of the USSR of
19 October 1979
(Gazette of the Supreme Soviet of the USSR, No. 43,1979, Item 709).

(Extract)

In connection with the holding, in 1979, of the International Year of the Child and guided by humanitarian principles, the Presidium of the Supreme Soviet of the USSR decrees that:~

1. Relief from punishment in the form of deprivation of liberty or from punishment not connected with deprivation of liberty shall be applied to minors:~

a) up to the age of sixteen years, who have not previously been inmates of corrective labour establishments, irrespective of the duration of the sentence;~

b) between the ages of sixteen and eighteen years, and also of sixteen years, who do not fall under point ``a'' of the present article, sentenced to deprivation of liberty for a period of up to one year inclusively.

2. Relief from punishment in the form of deprivation of liberty or from punishment not connected with deprivation of liberty shall be applied to women:

a) with children up to the age of seven years, pregnant women, disabled persons of categories I and II, irrespective of the duration of the sentence;~

b) with children up to the age of sixteen years, sentenced to deprivation of liberty of up to five years inclusively.

3. Relief from punishment, irrespective of the duration of 101 the sentence, shall be applied to women with children up to the age of sixteen years and also pregnant women, who have been given suspended sentences of deprivation of liberty with mandatory involvement in work and who have been conditionally discharged from places of deprivation of liberty with mandatory involvement in work.

4. Women enumerated in Article 2 of the Decree shall be relieved of additional measures of punishment in the form of exile and restricted residence.

5. The part of a sentence unserved on the day the present Decree comes into force shall be halved for:

a) the minors enumerated in point ``b'' of Article 1 of the present Decree, sentenced to deprivation ot liberty for a period of more than one year;

b) women with children up to the age of sixteen years, sentenced to deprivation of liberty for a period of more than five years.

8. The present Decree shall come into force from the day of its publication.

[102] __NUMERIC_LVL1__ Section IV. __ALPHA_LVL1__ THE RIGHT OF CHILDREN TO
EDUCATION AND UPBRINGING
__ALPHA_LVL2__ FUNDAMENTALS OF LEGISLATION OF THE USSR
AND THE UNION REPUBLICS ON EDUCATION

Ratified by Law of the USSR of 19 July 1973 (Gazette of the Supreme Soviet of the USSR, No 30, 1973, Item 392)

(Extract)

Our country is the first in history to set up a truly democratic system of public education. The citizens of the USSR have a real opportunity to receive secondary and higher education and also work in conformity with their speciality and qualifications.

The victory of socialism scored in the USSR has ensured a steady growth of the material well-being, cultural and educational standards of the Soviet people, made it possible to create propitious conditions for the pre-school education of children, consistently to implement the principle of compulsory eight-year education and go over to universal secondary education for young people, to develop vocational and technical, specialised secondary and higher education on a wide scale.

The purpose of public education in the USSR is to produce well-trained, harmoniously developed active builders of communist society, brought up on the ideas of MarxismLeninism, in the spirit of respect for Soviet laws and socialist law and order, and a communist attitude to labour, physically healthy people capable of working successfully in various fields of the economy, social and cultural development, actively participating in social and government activity, people who are ready to selflessly defend their socialist homeland, preserve and multiply its material and spiritual wealth, protect and conserve nature. Public education in the USSR is called on to provide for the development and satisfaction of Soviet man's spiritual and intellectual requirements.

Education in the USSR is a matter of genuine public 103 concern. The state, the family and public organisations pool their efforts to provide training and education for the younger generation.

SECTION I

General provisions

Article 4. The Basic Principles of Public Education in the USSR

The basic principles of public education shall be:

1) the equality of all citizens of the USSR in respect to the receipt of education, irrespective of race and nationality, sex, attitude to religion, property and social status;~

2) the compulsory nature of education for all children and adolescents;~

3) the state and social nature of all educational establishments;~

4) the freedom to choose the language of instruction; education may be conducted in the mother tongue or in a language of other peoples of the USSR;~

5) the free provision of all types of education, the full maintenance of students by the state, the provision of students with grants and other'material assistance;~

6) the uniform nature of public education and continuity between all types of educational establishments, which ensure the possibility of going from the lowest to the highest stages of education;~

7) the unity of instruction and communist education; the co-operation of the school, family and public in the upbringing of children and young people;~

8) links between the instruction and education of the younger generation, and the work, experience and the practice of building communism;~

9) the scientific nature of education and its constant improvement on the basis of the latest achievements of science, technology and culture;~

10) the humane nature and high moral standards of education and upbringing;~

11) co-education;~

104

12) the secular nature of education, excluding the influence of religion.

Article 5. The System of Public Education in the USSR

The system of public education in the USSR shall include:~

pre-school upbringing;~

general secondary education;~

extramural upbringing;~

vocational and technical education;~

specialised secondary education;~

higher education.

SECTION II

Pre-school education

Article 13. Pre-school Child-Care Establishments

Creches, kindergartens, combined nurseries of general and special purpose and other pre-school child-care establishments shall be set up with a view to creating the most favourable conditions for the upbringing of children of pre-school age and for the rendering of proper assistance to the family.

Children shall be placed in pre-school establishments according to the wishes of parents or persons acting in loco parentis,

Article 14. Tasks of Pre-School Education

In close co-operation with the family, pre-school childcare establishments shall see to the all-round, harmonious development and upbringing of children, look after and protect their health, cultivate in them elementary practical skills and love of work, attend to their aesthetic education, prepare children for instruction in school, teach them to show respect for their elders and awaken children's love of their socialist homeland and their native town or village.

105

Article 15. Organisation of Pre-School Child-Care Establishments

Pre-school child-care establishments shall be organised by the Executive Committees of district, town, rural and township Soviets of Working People's Deputies and, with their sanction, also by state enterprises, institutions and organisations, collective farms, co-operative societies and other public organisations.

Article 16. Pedagogical Guidance of Pre-School Child-Care Establishments and Their Medical Service

The USSR Ministry of Education, the ministries of public education of the Union and Autonomous Republics and their local agencies shall effect pedagogical guidance of preschool child-care establishments and provide them with pedagogical workers, irrespective of their departmental subordination.

The health protection bodies shall provide medical workers to carry on treatment and disease-prevention work among the children and staff of pre-school child-care establishments.

SECTION III

Secondary education

Article 17. Universal Secondary Education

Universal secondary education of the younger generation, which is a major condition for the socio-political and economic development of our society towards communism, for the growth of socialist consciousness and the working people's culture, shall be effected with a view to further raising the level of education among the population of the USSR.

Universal secondary education shall be effected in general secondary schools, in vocational and technical secondary schools and specialised secondary schools.

106

SECTION IV

General secondary education

Article 18. General Secondary Schools

The general secondary school (the basic form in which a general secondary education is received) shall be a single, labour, polytechnic school for the instruction and education of children and young people.

The uniformity of the general secondary school shall be secured by the common principles according to which the teaching and educational process is organised, by the uniform content and level of general education throughout the territory of the USSR, with due account for the national specifics of the population residing in the Union Republics.

The polytechnical instruction, labour education and careers' guidance of pupils shall be effected in the process of studying the fundamentals of science, of work training, in the organisation of various types of extramural work, of socially useful labour with due account for the pupils' age and individual inclinations, their state of health and in accordance with the requirements of scientific and technical progress.

Optional studies shall be organised in general secondary schools with a view to promoting the development of the pupils' diverse interests and abilities and their careers' guidance. These purposes may also be served by the organisation of schools and classes for the deeper theoretical and practical study of individual subjects, different types of work, art and sport. Given suitable conditions, industrial instruction may be practised in the general secondary school. The volume of compulsory knowledge in general education shall be uniform for all general secondary schools.

Article 20. The Language of Instruction in the General Secondary School

Pupils studying in a general secondary school shall be given the opportunity to receive education in their native language or in the language of any other people residing in 107 the USSR. Parents or persons acting in loco parentis shall have the right to choose for their children a school with an appropriate language of tuition. In addition to the given language of instruction, pupils may, if they wish, learn the language of any other people of the USSR.

Article 21. Accessibility of the General Secondary School to Pupils

The territorial accessibility of the school for pupils shall be guaranteed by optimal school zoning, free travel for rural pupils to and from school, and by well-appointed residential sections attached to the schools.

Primary schools embracing classes 1-3 (4), eight-year schools embracing classes 1-8 and secondary schools embracing classes 1-10 (11) shall be set up depending on local conditions, the unity and continuity of all stages of general secondary education being preserved.

Article 23. General Extended-Day Schools, Extended-Day Groups and Boarding Schools

General extended-day schools or extended-day groups shall be set up provided there are suitable instructional facilities and material equipment with a view to extending public upbringing and education, creating more propitious conditions for the all-round development of pupils and rendering assistance to the family in their education.

Boarding schools shall be set up for the same purposes for those children and adolescents who lack the requisite conditions for upbringing in the family.

Article 24. Children's Homes

Children's homes shall be organised for those children and adolescents who have been deprived of parental care and shall provide for them maintenance, instruction and upbringing.

Article 25. Special General Schools and Boarding Schools

Special general and treatment sanatorium-type schools shall be set up for those children and adolescents in need of 108 protracted medical treatment; such pupils shall also be provided with tuition while in hospital or sanatorium, and at home.

Special general schools and boarding schools shall be organised for those children and adolescents who have physical or mental handicaps, which prevent them from studying in an ordinary general school and who are also in need of special conditions for their upbringing. These schools shall provide their pupils with tuition, education, medical treatment and training for their future participation in socially useful labour.

Article 26. General Secondary Schools for Young People Engaged in Production

General secondary evening shift and correspondence schools shall be set up for people who work in various sectors of the national economy and who have no secondary education.

Enterprises, institutions and organisations shall encourage the enrollment of young working people in evening schools and create the necessary conditions for combining work with study, for the normal functioning of these schools and for the pupils' study.

SECTION V

Extramural education

Article 29. Extramural Establishments

State enterprises, institutions and organisations, collective farms, co-operative societies, trade unions, YCL and other public organisations shall set up Young Pioneer Palaces and Houses, young technicians', young nature lovers' and young tourists' centres, children's libraries, sport, art and music schools, Young Pioneer camps and other extramural establishments with a view to the all-round development of the capabilities and inclinations of p*upils, the cultivation of public activity among them, the fostering in them of a keen interest in labour, science, technology, the 109 arts, sports, military science and also to the organisation of constructive recreation for pupils and the protection of their health.

SECTION VI

Vocational and technical education

Article 30. Vocational and Technical Educational Establishments

Vocational and technical educational establishments are the principal schools in which young people shall receive their vocational and technical education and through which a worthy replenishment of the working class shall be provided.

Vocational and technical educational establishments (vocational and professional schools) shall admit citizens of the USSR who have finished eight-year or general secondary schools.

Article 31. The Chief Tasks of the Vocational and Technical Educational Establishments

The chief tasks of the vocational and technical educational establishments shall include:~

the training for the national economy of harmoniously developed, technically educated and cultured highlyqualified young workers who have mastered a professional skill that meets the requirements of modern production, scientific and technological progress and their prospects for development;~

implementation of the vocational and general secondary education of young people in vocational and technical schools;~

the cultivation in pupils of a Marxist-Leninist world outlook, the instilling in them of lofty moral qualities of socialist internationalism, Soviet patriotism, a communist attitude to labour and public property, the fostering of a readiness to preserve and multiply the revolutionary and labour traditions of the working class;~

110 aesthetic and physical training of pupils, the protection of their health and preparation for the defence of the socialist homeland.

SECTION VII

Specialised secondary education

Article 35. Specialised Secondary Educational Establishments

Specialised secondary education shall be provided in specialised secondary technical schools, vocational schools, and other educational establishments, classed in the established manner among secondary specialised educational establishments.

Instruction in secondary specialised educational establishments shall take the form of day-time, evening and also correspondence instruction.

Instruction in secondary specialised educational establishments without discontinuing work shall enable persons engaged in various sectors of the national economy to acquire trades and improve their skills.

SECTION IX

Rights and duties of pupils and students

Article 46. Rights of Pupils and Students

Pupils and students shall have the right to make free use of laboratories, workrooms, auditoria, reading rooms, libraries and other educational and auxiliary facilities, as well as sports centres, sports facilities and other equipment of educational establishments.

Pupils and students shall be provided, in the established manner, with grants, allowances, hostel accommodation, boarding facilities, and medical care in educational establishments and shall have the right to use transport facilities with reduced fares or free of charge and to receive other 111 types of material assistance.

Under current legislation, students who study without discontinuing work shall be entitled to additional leave from their place of work, to a reduced working week and other privileges.

Persons who have graduated from vocational and technical secondary specialised and higher educational establishments shall be provided with jobs in accordance with their speciality and qualifications.

Students shall have the right to participate through their public organisations in the discussion of the problems involved in improving the educational process, ideological and educational work, and also the progress of their studies, labour and study discipline, and other problems connected with the training of students and their living conditions.

SECTION XI

Rights and duties of parents and persons acting in loco
parentis in the upbringing and education of children

Article 56. Rights of Parents and Persons Acting in Loco Parentis

Parents and persons acting in loco parentis shall be entitled:~

to place children, for the purposes of upbringing and education, in pre-school child-care institutions and general schools according to their place of residence, and also in vocational and technical or secondary specialised educational and upbringing establishments;~

to take part in discussions of the problems of educating and bringing up children, in the extramural, out-of-school and hygiene work conducted in the educational establishments where their children are taught and brought up;~

to elect and be elected to parents' committees (councils) set up in schools and other educational and upbringing establishments.

112

Article 57. Duties of Parents and Persons Acting in Loco Parentis

Parents and persons acting in loco parentis shall be obliged:~

to bring up children in the spirit of lofty communist morality, a careful attitude towards socialist property; inculcate in them working skills and prepare them for socially useful activity, and attend to their physical development and their health;~

to send children to school when they reach school age, ensure attendance by pupils of educational establishments and not permit absenteeism without good reason;~

to create the conditions necessary for the timely reception by clildren of a secondary education and vocational training.

The upbringing in the family shall be organically combined with the educational work done by educational establishments, pre-school and extramural institutions and public organisations.

Article 58. Propagation of Pedagogical Knowledge Among the Population

Together with scientific and cultural bodies and institutions, teachers' societies and other public organisations, the educational bodies and institutions shall see to the propagation of pedagogical knowledge among the population, and shall render pedagogical assistance to parents and persons acting in loco parentis in the upbringing of children and adolescents.

SECTION XIV

The right of aliens and stateless persons to receive
education in the USSR. International treaties
and agreements~

Article 64. The Right of Aliens and Stateless Persons to Receive Education in the USSR

Aliens and stateless persons who reside on the territory of the USSR shall have the right to receive education on a 113 par with Soviet citizens in the manner stipulated by the legislation of the USSR.

__ALPHA_LVL2__ ON PUBLIC EDUCATION

Law of the RSFSR of 2 August 1974
(Gazette of the Supreme Soviet of the RSFSR,
No 32, 1974, Item 850)

(Extract)

SECTION II

Pre-school education

Article 19. Placement of Children in Pre-School Child-Care Institutions

Expulsion of children from pre-school child-care institutions falling under the jurisdiction of enterprises, establishments and organisations, in connection with the parents' transfer to another job shall not be permitted.

SECTION IV

General secondary education

Article 31. Universal Compulsory Education Fund

In general schools, universal compulsory education funds shall be set up out of the budget funds, to a sum of not less than one per cent of the expenditure on the day-to-day running of schools, and also out of sums received from collective farms, co-operative organisations and trade unions, for the purpose of rendering, where necessary, material assistance to pupils, improving their health and other expenditures envisaged by the legislation.

The Statute on the universal compulsory education fund is ratified by the Council of Ministers of the RSFSR.

114 __ALPHA_LVL2__ ON MEASURES TO FURTHER DEVELOP PRE-SCHOOL
CHILD-CARE INSTITUTIONS, IMPROVE THE UPBRINGING
AND MEDICAL CARE OF CHILDREN OF PRE SCHOOL AGE

Resolution of the Central Committee of the CPSUand the
Council of Ministers of the USSR of 21 May 1959, No 558
(Collected Resolutions of the Government of the USSR,
No 12, 1959, Item 70)

(Extract)

2. In the interests of achieving a unified system of upbringing for children of pre-school age that meets the requirements of their subsequent education in school, taking account of local conditions and opportunities, two types of pre-school child-care establishments---creches and kindergartens---shall be combined in a single pre-school child-care institution. The management of the combined institutions, with the exception of departmental ones, shall be concentrated in the ministries of education of the Union Republics.

The Ministry of Public Health of the USSR and the ministries of health of the Union Republics shall be responsible for the organisation of treatment and preventive medicine care for children, observance of a sanitary and hygienic regime in child-care institutions and their provision with medical personnel.

In future, all new child-care institutions shall, as a rule, be built according to model projects of combined childcare institutions (creches-cum-kindergartens), and located closer to the children's place of residence, thereby reducing the amount of time spent by parents in accompanying pre-school children to child-care institutions.

3. For the purposes of better satisfying the population's demand for pre-school child-care institutions, the Councils of Ministers of the Union Republics shall be entrusted with:

a) taking measures to further expand (above the planned level) the network of pre-school child-care institutions by adapting suitable existing buildings and cost-cutting on the planned building of pre-school child-care institutions.

5. The Central Committees of the Communist Parties of the Union Republics, territorial committees and regional 115 committees of the Party, the Councils of Ministers of the Union and Autonomous Republics, and the Executive Committees of territorial and regional Soviets of Working People's Deputies shall:

a) ensure strict supervision of uninterrupted supplies to pre-school child-care institutions in towns and rural localities, especially with fresh meat, milk, curd cheese and other dairy products, fresh fruit and vegetables, in accordance with the established standards and range of produce;

b) fully supply pre-school child-care institutions with the necessary furnishings and equipment, expanding the range and production of high-quality children's furniture and visual aids, considering the age specifics of children and the demand for furniture, toys and aids from preschool child-care institutions and the population;

c) do everything to make the commissions of local Soviets of Working People's Deputies step up their activities in involving public organisations and the working people themselves more widely in the upbringing of children, take measures to equip playgrounds in children's parks, gardens and yards for children of pre-school age who do not attend child-care institutions.

7. The Ministry of Culture of the USSR, the State Committee for Radio and Television under the Council of Ministers of the USSR and the Union of Writers of the USSR shall provide for an increase in the publication of fiction, the production of films and programmes on radio and television dealing with the problems of upbringing and protection of the health of pre-school children.

__ALPHA_LVL2__ ON MEASURES TO FURTHER DEVELOP THE NETWORK
OF PRE-SCHOOL CHILD-CARE INSTITUTIONS ON
COLLECTIVE FARMS

Resolution of the Council of Ministers of the USSR
of 17 March 1973, No. 162
(Collected Resolutions of the Government of the USSR, No. 8, 1973, Item 34)

(Extract)

1. The Councils of Ministers of the Union and Autonomous Republics, Executive Committees of territorial and 116 regional Soviets of Working People's Deputies, the Ministry of Agriculture of the USSR and its local agencies shall:~

elaborate measures to expand the network of pre-school child-care institutions on collective farms in order to satisfy to the maximum the collective farmers' demand for such establishments in the very near future;~

exercise constant supervision over the construction of pre-school child-care institutions on collective farms and render them the necessary assistance in this construction;~

improve the supplies to pre-school child-care institutions of collective farms (out of their funds) of the necessary equipment, furnishings, crockery, toys and study aids according to the standards set for state pre-school childcare institutions;~

ensure the uninterrupted provision of pre-school childcare institutions of collective farms with high-quality foodstuffs in the required range and according to the established standards.

__ALPHA_LVL2__ ON THE SIZE OF PAYMENT BY PARENTS FOR THE
MAINTENANCE OF CHILDREN IN KINDERGARTENS
AND CRECHES

Resolution of the Council of Ministers of the RSFSR of
12 August 1948, No. 845
(Collected Resolutions of the Government of the FSFSR, No. 11,1948, Item 55)

(Extract)

In accordance with the Decree of the Council of Ministers of the USSR of 9 August 1948, No. 3000, On the Size of Payment by Parents for the Maintenance of Children in Kindergartens and Creches, the Council of Ministers of the RSFSR decrees that:

1. From 16 August 1948, the payment by parents for the maintenance of children in kindergartens and creches belonging to state enterprises and establishments shall be set at the following levels as the average per child per month:

a) in kindergartens---in towns and urban settlements--- 117 6^^*^^ roubles, and in rural localities---5 roubles;~

b) in cr\`eches---in towns and urban settlements---4 roubles 50 kopecks, and in rural localities---3 roubles.

For maintenance of children in kindergartens and creches for 12 to 14 hours a day, the sums indicated shall be 25 per cent higher; for round-the-clock attendance---50 per cent higher, and for sanatorium-type kindergartens and creches and time spent by children in country houses---by 100 per cent.

__ALPHA_LVL2__ ON MEASURES TO IMPROVE THE WORK OF THE
GENERAL SECONDARY SCHOOL

Resolution of the Central Committee of the CPSUand the
Council of Ministers of the USSR of 10 November 1966, No. 874
(Collected Resolutions of the Government of the USSR,
No. 23, 1966, Item 205)

(Extract)

13. Attaching considerable importance to the aesthetic education of pupils, the Ministry of Education of the USSR, the Ministry of Culture of the USSR, the Committee on Cinematography under the Council of Ministers of the USSR, the State Committee of the USSR for Publishing, Printing and the Book Trade under the Council of Ministers of the USSR and the creative unions shall be entrusted with elaborating measures to improve this. In particular, they shall provide for: the production of films and the preparation of new performances for schoolchildren; an increase in the number of children's performances and film-showings at weekends and during the school holidays; the publication of school series of selected classics and the best works of Soviet and foreign writers; the release of record anthologies and reproductions of the best art works; the organisation of educational concerts for schoolchildren; the involvement of experts and workers in the arts in school and extramural work with children.

_-_-_

^^*^^ In post-January 1st 1961 prices. The average amount means that people with different incomes pay different sums.

118

22. ...The network of boarding schools for children with mental and physical handicaps, and nervous complaints, and also the network of sanatorium-type schools shall be expanded.

__ALPHA_LVL2__ RULES OF THE GENERAL SECONDARY SCHOOL

Approved by Resolution of the Council of Ministers of the USSR
of 8 September 1970, No. 749
(Collected Resolutions of the Government of the USSR,
No. 17, 1970, Item 132
)

(Extract)

SECTION I

General provisions

3. All children who have attained school age shall study in a general secondary school. Instruction in the school is free of charge.

SECTION II

Fundamentals of the organisation of instruction and education work

12. Homework shall be set for pupils, taking into account their opportunities for carrying it out, within the following limits:~

Class I---up to 1 hour,~

Class II---up to 1.5 hours,~

Classes III and IV---up to 2 hours,~

Classes V and VI---up to 2.5 hours,~

Class VII-up to 3 hours,~

Classes VIII-X (XI)-up to 4 hours.

SECTION III

The pupils

25. Needy pupuls of the school shall be provided with material assistance out of the general education fund.

119

30. Pupils in the school shall be taught to look after themselves and take part in other types of socially Useful work, taking into account the age, sex, and physical possibilities of the children, the standards and requirements of hygiene and protection of their health. Supervision of the pupils' observance of sanitary and hygienic standards of work and safety regulations shall be the responsibility of the administration of the school, medical workers and teachers.

SECTION VI

The educational and material base. Financing and accounting

56. In schools with extended-day groups, there must be facilities for pupils in Classes I and II and weak children in classes III to VIII to sleep and rest.

The general secondary school shall have a field area with sports, educational-experimental, rest and other zones.

57. Where necessary, a residential section for pupils shall be set up at the schools. The residential section shall have a staff of teachers and auxiliary personnel. The educational and instructional work in the residential section, and its provision with material and household equipment shall be carried out in accordance with the Statute on the Residential Sections of Schools, ratified by the Ministry of Education (Public Education) of the Union Republic.

58. Medical care of the pupils shall be carried out by doctors and other medical personnel specially attached to the school. The doctor and other medical personnel shall be responsible for conducting treatment and preventive medicine and, together with the administration of the school, sanitary and hygienic measures to help maintain the health, physical development, successful learning and upbringing of the pupils.

120 __ALPHA_LVL2__ ON THE ORGANISATION OF INTERSCHOOL STUDY
AND PRODUCTION COMBINES FOR THE VOCATIONAL
INSTRUCTION AND CAREERS' GUIDANCE OF PUPILS

Resolution of the Council of Ministers of the USSR
of 23 August 1974, No. 662.
(Collected Resolutions of the Government of the USSR, No. 18, 1974, Item 105)

(Extract)

For the purposes of improving the training of pupils in classes IX-X (XI) of general secondary schools for work and a choice of trade, the Council of Ministers of the USSR decrees that:~

1. The Executive Committees of City and District Soviets of Working People's Deputies, on agreement with the Ministries of Education (Public Education) of the Union Republics, shall, where the necessary conditions obtain and with the participation of industrial and agricultural enterprises state and co-operative organisations, set up interschool study and production combines for the vocational instruction and careers' guidance of pupils in classes IX-X (XI) of general secondary schools.

The chief tasks of interschool study and production combines shall be: to acquaint the pupils with work processes and the essence of the jobs carried out by workers in the enterprises; to provide the pupils with careers' guidance in order to prepare them for a conscious choice of trade; to instruct the pupils in the primary work skills in their chosen trade. Interschool study and production combines shall be centres of work on careers' guidance among pupils and their parents in the schools of the district (town).

The details of the vocational instruction of 'pupils in interschool study and production combines shall be determined taking into account local personnel requirements and the existing production base.

5. The local health agencies shall be responsible for conducting thorough medical checks on pupils in classes IX-X (XI) in order to determine their suitability for their chosen trade in terms of their state of health.

121 __ALPHA_LVL2__ ON THE ORGANISATION OF EXTENDED DAY SCHOOLS

Resolution of the Central Committee of the CPSU and the Council
of Ministers of the USSR of 15 February 1960, No. 182
(Collected Resolutions of the Government of the USSR,
No. 6, 1960, Item 32)

(Extract)

For the purposes of further improving the public education of children and increasing assistance to the family in this, the Central Committee of the CPSU and the Council of Ministers of the USSR decree that:~

1. It shall be considered necessary, along with the development of the network of boarding schools as education and upbringing establishments of a higher type, to set up for children and adolescents in towns, urban settlements and rural localities extended-day schools, in which children shall remain under the supervision of teachers for the whole day.

Extended-day schools shall be open, as a rule, for pupils in classes I to VIII and shall be located in existing or newlybuilt school buildings, on the conditions that the opening of these schools does not lead to an increase in the number of study shifts in the schools of the given town or village. Extended-day schools shall give priority to children whose parents work.

2. For the pupils of extended-day schools, two hot meals shall be provided at a daily cost to the parents of:~

Belt 1-49 kopecks,~

Belt 11--56 kopecks,~

Belt 111--64 kopecks.^^*^^

For the pupils in classes I-II and children with weak health, a daily sleep period shall be organised in extendedday schools.

3. The Executive Committees of city and regional Soviets of Working People's Deputies shall be empowered to exempt children from low-income families from payment for meals, up to a maximum of 25 per cent of the pupils of the extended-day school, 10 per cent of whom may be fully exempted and 15 per cent exempted from half the cost of the meals.

_-_-_

^^*^^ The cost of meals is given in post-January 1st 1961 prices.

122

10. Collective farms shall be recommended to participate in organising extended-day schools, in which the children of members of the collective farm will study, and also to maintain at their expense the staff of these schools (with the exception of the administrative and teaching staff) and cover the costs of the pupils' meals.

__ALPHA_LVL2__ ON MEASURES TO FURTHER DEVELOP THE ECONOMY
AND CULTURE OF THE PEOPLES OF THE NORTH

Resolution of the Council of Ministers of the USSR of 21 April 1967
(Decisions of the Party and Government on Economic Issues,
1917--1967, Vol. 6, Moscow, Politizdat, p. 388)

(Extract)

16. The Council of Ministers of the RSFSR shall be entitled to resolve, within the limits of its general allocations to the Republic for education purposes, questions concerning the acceptance, at full state expense, in boarding schools, residential sections of schools and residential sections of secondary specialised educational establishments in the regions of the Far North and in localities with equal status to the regions of the Far North, the children of all citizens of the rural population of these regions and localities not residing where the given educational establishments are located.

__ALPHA_LVL2__ MODEL RULES OF THE INTERNAL LABOUR DISCIPLINE
OF A COLLECTIVE FARM

Approved by Resolution of the Council of Collective Farms of 4 March 1970

(Extract)

VII. SERVICING OF THE PERSONAL NEEDS OF THE MEMBERS OF THE COLLECTIVE FARM

28. The members of the collective farm shall be provided with ... means for transporting ... their children to school free of charge.

123

29. The collective farm shall completely or partially cover the costs of maintaining the children of collective farmers in kindergartens, creches, boarding schools and extended-day groups, and may provide privileged conditions for trips to Young Pioneer Camps.

__ALPHA_LVL2__ ON MEASURES TO FURTHER IMPROVE THE WORKING
CONDITIONS OF THE RURAL GENERAL SCHOOL

Resolution of the Central Committee of the CPSUand the Council
of Ministers of the USSR of 2 July 1973, No. 471
(Collected Resolutions of the Government of the USSR,
No. 16, 1973, Item 85)

(Extract)

7. The Council of Ministers of the Union Republics, with the participation of the corresponding Ail-Union ministries and departments, shall provide for the regular, free transportation of the pupils of general schools in rural localities to and from school, using for this purpose buses, local trains, river boats, and also the means of transport belonging to collective farms, state farms, timber-industry centres and other enterprises and organisations, specially equipped for the transportation of children.

10. In order to improve the conditions for the maintenance of children in residential sections attached to rural schools, model boarding-school staffs and standards for the provision of pupils residing in boarding schools with bed linen and furnishings according to appendices No.~6 and 7^^*^^ shall be introduced beginning with 1974.

Beginning with 1975, up to 25 per cent of the pupils in residential sections attached to rural schools shall be fully exempted from payment for three hot meals a day, and the rest of the pupils shall pay half the cost of the meals.

_-_-_

^^*^^ These appendices are not included in this book.

124 __ALPHA_LVL2__ ON THE TRANSITION TO FREE USE OF TEXTBOOKS BY PUPILS
IN GENERAL SCHOOLS

Resolution of the Central Committee of the CPSUand the Council of Ministers of the USSR of 24 November 1977, No. 1029 (Collected Resolutions of the Government of the USSR, No. 1, 1978, Item 1)

(Extract)

1. The transition to free use of textbooks by pupils in general secondary schools shall be effected between 1978 and 1983. In future, a complete edition of textbooks for all pupils shall be published every four years, as a rule, with subsequent publication of the required number of textbooks. Alphabets shall be published every year and remain the property of the pupils after completing class I.

11. The Ministry of Finance of the USSR shall annually allocate the necessary funds out of the state budget for financing measures connected with the creation, renewal and use of library funds of textbooks in general schools.

__ALPHA_LVL2__ ON THE FURTHER IMPROVEMENT OF THE INSTRUCTION
AND UPBRINGING OF PUPILS IN GENERAL SCHOOLS
AND THEIR TRAINING FOR WORK

Resolution of the Central Committee of the CPSU and the Council
of Ministers of the USSR of 22 December 1977, No. 1111
(Collected Resolutions of the Government of the USSR,
No. 1, 1978, Item 2)

(Extract)

1. The chief task of the general school shall be to consistently implement the decisions of the 25th Congress of the CPSU and the statutes of the new Constitution of the USSR on the development of universal compulsory secondary education and further improve the educational and instructional process, in order to provide for the training of comprehensively developed builders of communist society.

Under contemporary conditions, where the country has already made the transition to universal secondary 125 education, secondary school leavers should during the period of their studies, have acquired a thorough knowledge of the principles of the sciences and labour skills for work in the national economy, and been trained on a specific trade. The need for a decisive reorientation of schools towards an improvement in the training of young people for work in the material production sphere, and towards a justified choice of trade must be thoroughly recognised by Soviet teaching staff, the pupils themselves, and their parents. 3. The Ministry of Education of the USSR and the Council of Ministers of the Union Republics shall provide for an all-round improvement in the work training and instruction in general schools.

To this end:~

a) they shall organise effective vocational instruction and careers' guidance for pupils, taking into account the possibilities for using local enterprises, collective and state farms for this purpose. They shall provide for the participation of pupils in socially useful work, depending on their age, and ensuring in this that those completing eight classes make a conscious decision concerning their further education and for special and vocational training.

The Council of Ministers of the Union Republics shall improve the method used for selecting school leavers with an eight-class education to make up the intake of vocational and technical, specialised secondary education establishments, and the ninth classes of general secondary schools on the basis of unified annual and long-term plans ... taking account of overall state interests, the local demand for qualified personnel and the pupils' own right to choose an educational establishment;

b) they shall increase the time spent in classes IX-X (XI) on vocational instruction from two to four hours a week (within the study plan). For vocational training, they shall make comprehensive use, on the basis of the conditions obtaining in urban and rural schools, of instructional workshops in enterprises, interschool study and production combines, pupils' production teams and other work groups of pupils, vocational and technical schools, school workshops, laboratories and study rooms. They shall provide for the regular free transportation of pupils to their place of work instruction. They shall elaborate new work study 126 programmes for all classes and corresponding instructional and methodological aids.

4. For the organisation of careers' guidance of pupils and for facilitating the job placement of secondary school leavers, they shall set up under the Executive Committees of district (city) Soviets of People's Deputies, commissions with the participation of representatives of schools and other educational establishments, production collectives, public organisations and parents. In general secondary schools they shall organise instructional and methodological rooms for the careers' guidance of pupils.

In accordance with social requirements and taking into account the vocation, talents and vocational training of pupils, they shall provide for the planned involvement in work in the various branches of the national education of all general secondary school leavers who do not go on to further studies. They shall do everything to encourage the pupils' desire to work in the sphere of material production after finishing secondary school.

6. They shall cut out too difficult material and that of secondary importance from study programmes and textbooks. They shall supervise the pupils' load and prohibit excessive homework. They shall, by 1980, establish a maximum study load for pupils of: classes I-III---24 hours a week, class IV---27 hours, classes V-VII---29 hours, class VIII-30 hours and classes IX-X (XI)-32 hours.

16. The Ministry of Public Health of the USSR, the Ministry of Education of the USSR, the Committee for Physical Culture and Sport under the Council of Ministers of the USSR, the Ail-Union Central Council of Trade Unions, the Central Committee of the Young Communist League, and the Councils of Ministers of the Union Republics shall elaborate and implement measures to protect the health and physical development of pupils, providing for regular medical check-ups of children and improvement of the sanitary and hygienic conditions in schools, to organise systematic preventive medicine against children's diseases, the mass participation of pupils in physical culture and sport, the equipment of schools and expansion of the output of sport clothing. The Academy of Medical Sciences of the USSR and the Academy of Pedagogical Sciences of the USSR shall elaborate medical and pedagogical 127 recommendations and a model daily timetable for pupils.

18. ...They shall show great concern for organising the leisure time of children and adolescents, draw young people who are studying into sports, tourism, artistical and technical creative activities.

20. They shall everywhere organise the pedagogical education of parents, work for a pooling of efforts in the bringing up of children on the part of the family, the school and society, remembering that the training of the younger generation for life and work is the primary duty of the citizens of the USSR.

__ALPHA_LVL2__ ON ADDITIONAL MEASURES FOR A FURTHER
IMPROVEMENT IN THE HEALTH PROTECTION OF PUPILS

Order of the Ministry of Public Health of the USSR
of 13 March 1978, No. 210
(Collection of Orders and Instructions of the Ministry of Education

of the RSFSR, No. 22, Moscow,
Prosveshchenie Publishers, 1978, pp. 22--27
)

(Extract)

2. The Ministries of Public Health of the Union Republics shall:~

oblige the ministries of Public health of the Autonomous Republics, the heads of territory, district and city health departments, chief doctors of central district hospitals, chief doctors of hospitals, poly clinics and dispensaries:~

a) to provide medical vocational consultations for pupils as one of the elements of careers' guidance;~

b) to establish strict supervision over the correspondence between the pupils' socially useful work and their age and health specifics, over observance of the established standards and timetable for study and work activities in schools, study and production combines, production and agricultural teams, summer work and rest camps, and other labour associations of pupils;~

c) to pay particular attention to the organisation of the daily timetable, rest and provision of meals in extendedday classes and schools and preparatory classes in general schools; to take advantage of the presence of children in extended-day classes and schools for the broad 128 implementation of health-improvement work;~

d) to provide for the carrying out of measures to prevent injury in schools and for full accounting of all its types

__ALPHA_LVL2__ ON IMPROVEMENT OF THE ORGANISATION
OF THE INDIVIDUAL INSTRUCTION OF SICK
CHILDREN AT HOME

Letter of the Ministry of Education of the USSR
of 5 May 1978, No. 28-M
(Collection of Orders and Instructions of the Ministry of
Education of the RSFSR, No. 27, Moscow,
Prosveshchenie Publishers, 1978, pp. 16--18
)

(Extract)

For the purpose of further improving_the organisation of the instruction of sick children at home, the Ministry of Education of the USSR announces the following: or. agreement with the Ministry of Finance of the USSR, it is permitted to organise the individual instruction at home of sick children between classes I and X (XI) up to the age of eighteen years who, owing to their state of health, cannot attend classes at school.

The organisation of the individual instruction of these pupils at home must be carried out in accordance with the conclusion of a medical treatment establishment (hospital, polyclinic, dispensary) and with the permission, in each individual case, of the district (city) department of public education.

Instruction at home shall be organised by the nearest school, which shall supervise the work of the teacher and show concern for pupils studying individually.

The knowledge of children studying at home shall be regularly checked. Their surnames, data on their progress, transition from one class to the next and finishing school shall be registered in the class journal of the corresponding class.

In order to discover the habits and specifics of pupils and the state of health of the child during the process of instruction, permanent contacts must be maintained between class heads and teachers with parents and those members of the family taking care of the child.

Major importance in the organisation of individual 129 instruction attaches to the choice of teachers, taking into account their desire to work with a sick child and their kindness and attentiveness towards him.

In the process of the instruction of pupils, the pedagogical collective shall take into account the inclinations and interests of children, develop their individual skills at working independently with textbooks and literature, provide careers' guidance for adolescents and prepare them for further activities and participation in a work collective, considering their state of health.

__ALPHA_LVL2__ ON THE PROCEDURE FOR THE ADMISSION OF CHILDREN
AND ADOLESCENTS TO GENERAL BOARDING SCHOOLS
AND CHILDREN'S HOMES

Resolution of the Council of Ministers of the USSR
of 31 January 1975, No. 90
(Collected Resolutions of the Government of the USSR, No. 4,1975, Item 20)

(Extract)

1. Decree that children and adolescents shall be admitted to general boarding schools on the application of the parents or persons acting in loco parentis.

Boarding schools shall give priority to children and adolescents in need of public education owing to the living or working conditions or state of health of their parents, including children and adolescents with trustees and guardians, those from large or low-income families and with unmarried mothers.

Boarding schools may accept children and adolescents deprived of parental care (owing to their death, deprivation of parental rights or other reasons), where there is no possibility of placing them in children's homes in the locality.

Together with pupils living permanently in boarding schools, in individual cases children and adolescents living at home may receive their schooling there.

2. Children's homes shall accept children and adolescents between the ages of 3 and 16 years, who have been deprived 130 of parental care, and also children and adolescents of unmarried mothers.

Children and adolescents belonging to one and the same family (brothers and sisters) and deprived of parental care shall, as a rule, be placed in one and the same children's home (of a mixed type).

Children and adolescents shall be accepted in children's homes the year round on the decision of the Executive Committee of the city and district Soviets of Working People's Deputies of their place of residence.

__ALPHA_LVL2__ MODEL STATUTE ON THE GENERAL BOARDING SCHOOL

Ratified by Order of the Ministry of Education of the USSR of 23 June 1978, No. 97

(Extract)

1. GENERAL PROVISIONS

1. 1. For the purpose of extending public education and creating the most favourable conditions for the allround development of pupils and providing the family with help in bringing them up, in accordance with the Fundamentals of the Legislation of the USSR and the Union Republics on Education, general boarding schools shall be set up.

1. 5. The boarding school shall, as a rule, include classes I-VIII or I-X (XI). In these, children of both sexes between the ages of 7 and 18 years shall study and be brought up.

1. 6. In individual cases, the boarding school may include pre-school sections for children without parents but related to the inmates in the given boarding school.

2. THE INMATES

2. 1. The admission of children to a general boarding school shall be at the wish of the parents or persons acting in loco parentis and, where necessary, on the decision of the agencies of trusteeship and guardianship and Commissions for the Affairs of Minors.

131

2. 5. Parents shall pay for the maintenance of their children in the boarding school according to the established procedure.

Parents may be completely or partially exempted from payment, according to the established procedure, only in exceptional cases, by decision of the Executive Committees of the Soviets of People's Deputies of the district or city in which the boarding school is located.

For the maintenance of inmates under trusteeship ( guardianship), payment is deducted from the allowances, state benefits and maintenance payments allocated for these children.

Children without parents shall be maintained in boarding schools fully at state expense.

2. 9. The pupils of general boarding schools may, with the permission of the administration, study in music and sports schools, take part in various groups and sections under the Palaces and Houses of Young Pioneers, Houses of Culture, in the work of technical stations, in district and regional competitions, olympiads, spartakiads and other forms of competition between school children.

2. 10. The daily timetable providing for a pedagogically justified combination of study, work and rest for the pupils shall be drawn up taking into account the pupils' round-- theclock presence in the boarding school.

2. 11. The inmates of general boarding school shall be provided with meals, clothing, footwear and furnishings according to the established standards, and also with textbooks, study and writing materials, games and toys.

2. 12. At the request of the parents or persons acting in loco parentis, the director of the boarding school may allow the inmates to go home for feast days and holidays, and also during the vacations.

2. 13. During the summer holidays, the boarding school shall organise the pupils' rest in Young Pioneer, Young Communist League, youth, tourist, work and rest camps.

Orphans and children left without parental care may be allocated trips to Young Pioneer camps in rural localities according to the procedure established by the Ail-Union Central Council of Trade Unions.

2. 15. The inmates of boarding schools who are orphans or left without parental care shall, on finishing the boarding 132 school and being sent to study further in an educational establishment or to work, receive one set of summer and one set of winter clothing, footwear, bed linen and a lump sum grant to cover initial outlays according to the established standards.

2. 16. The inmates of boarding schools who are orphans or left without parental care shall, on completing class VIII, be accepted hors concours in secondary vocational and technical schools and secondary specialised educational establishments and be kept fully by the state until the completion of their studies in these establishments.

2. 17. Inmates from among the orphans and those left without parental care who do not satisfy the admission conditions for vocational and technical schools and are sent to work in various branches of the national economy may, during the period of their production training, be kept for up to a further six months in the boarding school, and inmates with chronic illnesses---for up to an additional year.

2. 18. Where it is necessary to transfer a working pupil without parents or left without parental care from one enterprise to another, in the course of a year after he has left the school, he may receive meals in the boarding school for a period of not more than one month and be assisted in finding a second job.

2. 19. Former pupils without parents or left without parental care and arriving at the boarding school in which they were brought up during vacations from higher and secondary specialised educational establishments and vocational and technical schools, shall be permitted to receive meals there for a period of up to two weeks.

__ALPHA_LVL2__ MODEL STATUTE OF A CHILDREN'S HOME

Ratified by Order of the Ministry of Education of the USSR of 12 October 1978, No. 144

(Extract)

1. GENERAL PROVISIONS

1. 2. The children's home shall pursue the task of creating for children deprived of parental care the conditions for 133 their upbringing and education, of assisting them in their choice of trade, preparing them for an independent life and work, of bringing them up to be cultured, harmoniously developed people devoted to the Communist Party and their socialist homeland.

1. 3. The main types of children's home shall be:

a) the children's home for children of pre-school age;

b) the children's home for children of school age;

c) the children's home of mixed type for children of pre-school and school age.

2. PLACEMENT, MAINTENANCE AND DISCHARGE OF INMATES OF A CHILDREN'S HOME

2. 1. The children's home shall admit children and adolescents between the ages of 3 and 16 years.

The following children may be placed in children's homes:

children deprived of parental care (as a result of their death, deprivation of parental rights, the removal of children in the established manner, and other reasons) and also children and adolescents of unmarried mothers.

2. 2. Children's homes for children of pre-school age shall admit children between the ages of 3 and 7 years from an infants' home, children's reception and distribution centres, and the population.

Childrens' homes for children of school age shall admit children between the ages of 7 and 16 years from children's homes for children of pre-school age, children's reception and distribution centres, and the population.

2. 3. Children and adolescents belonging to one and the same family (brothers and sisters) who are due for admission to a children's home shall be placed in one and the same children's home of a mixed type, with the exception of cases where, for medical or other reasons, the upbringing of these children must take place separately.

2. 4. It shall not be permitted to split up the children of one family by handing over one of them for adoption, with the exception of the cases set out in point 2.3. of the present Statute.

2. 8. Children with physical or mental handicaps (deaf, blind, mentally retarded and others) and disabled children 134 requiring special conditions for their upbringing and education or special care, shall not be placed in children's homes of the general type. According to a conclusion of a medical-pedagogical commission, they may be placed in special children's establishments.^^*^^

2. 11. Inmates finishing secondary school and receiving their secondary school leaving certificate shall go to study further in higher or secondary specialised educational establishments and vocational and technical schools, or to work in various branches of the national economy.

2. 12. The inmates of children's homes shall, on going on to study in higher and secondary specialised educational establishments or to work in production, be provided with winter and summer clothing, footwear and bed linen, and also a lump sum of money to cover initial outlays according to the established standards.

Inmates sent from children's homes to parents or persons acting in loco parentis shall be provided with clothing and footwear in the established manner.

2. 13. Inmates deprived of parental care who complete eight classes and enter secondary specialised educational establishments in order to further their education shall be kept at full state expense according to the standards of the children's home until they leave the secondary specialised educational establishment.

2. 14. The inmates of children's homes who do not satisfy the requirements for admission to vocational and technical schools and are found jobs in various branches of the national economy may be allowed to remain in the children's home during the period of their production training, up to six months in duration and pupils with physical handicaps and chronic illnesses---up to one year.

2. 15. Where it is necessary to transfer a working inmate from one enterprise to another in the course of a year after his leaving the home, he may be provided with meals in the children's home for up to one month and be provided assistance in obtaining a second job.

2. 16. Former inmates studying in higher, secondary specialised or vocational and technical educational establishments, who arrive for the vacations at the children's _-_-_

^^*^^ See pp. 160--62.

135 home where they were brought up, shall be provided with meals for up to two weeks.

4. ORGANISATION OF WORK WITH CHILDREN OF SCHOOL AGE

4.8. During the school holidays, the teaching staff shall carry out educational and health-improving work, organise the children's rest in Young Pioneer, Young Communist League, tourist, and work and rest camps.

4.12. In each children's home, a Council of Pupils shall be set up; this shall work on the basis of the Statute ratified by the Ministry of Education (Public Education) of the Union Republic.

__ALPHA_LVL2__ MOTEL STATUTE ON THE HOUSE OF YOUNG PIONEERS

Ratified by the Ministry of Education of the USSR
on 21 October 1976
(Collection of Orders and Instructions of the Ministry
of Education of the RSFSR, No. 18, Moscow,
Prosveshchenie Publishers, 1977, pp. 9-19)

(Extract)

1. GENERAL PROVISIONS

The House of Young Pioneers is an extramural establishment that, together with the school Young Pioneer and Young Communist League organisations, shall participate in the ideological, political, moral and labour upbringing of the younger generation.

The House of Young Pioneers, being a mass organisational and instruction-methodological centre for various extramural work with children and adolescents, shall work with children of classes I-X (XI), considering their age, level of knowledge and interests; it shall foster the all-round development of the talents and inclinations of pupils; it shall encourage activity in society, an interest in science, technology and art; it shall carry out careers' guidance work; it shall organise constructive leasure activities; it shall help strengthen the health of schoolchildren.

136 __ALPHA_LVL2__ STATUTE ON THE COUNTRY YOUNG PIONEER CAMP

Ratified by Resolution of the Presidium of the Ail-Union Central
Council of Trade Unions and the Bureau of the Central Committee
of the Young Communist League of 16 March 1976, No. II-4/E 35/la
(Collection of Decrees of the Ail-Union Central Council of
Trade Unions, January-March 1976, Moscow, Profizdat,
1976, pp. 89--94)

(Extract)

The Young Pioneer camp is an extramural health-- building establishment organised for Young Pioneers and schoolchildren for the summer and winter vacations by the councils and committees of trade unions, together with enterprises, institutions, organisations and collective farms. The camp may be organised on a co-operative basis by several trade union committees.

The camp shall cater for children between the ages of 7 and 15 years (pupils in classes I-VIII), for a period of 26 days in summer and 12 days in winter.

V. PROTECTION OF THE LIFE AND HEALTH OF CHILDREN

The Young Pioneer camp must complete safety for the life and health of children.

Strict discipline of children and teaching staff, and the mandatory fulfilment of the daily timetable..., internal regulations and the work plan by all the camp's workers shall be established.

Young Pioneer leaders and instructors shall only leave the territory of the camp with children with permission from the head of the camp or chief Young Pioneer leader; children shall not be allowed to leave the camp without an accompanying adult.

Bathing shall only be permitted at tested locations, in groups of not more than ten children, and in the presence of a physical education instructor or swimming instructor, leaders of groups, teachers or medical personnel.

Children may only sail in boats under the supervision of leaders and teachers.

Where children are transported by bus or other means of 137 transport, particular attention shall be paid to their technical condition, and the standard of driving. Children shall not be transported in lorries.

__ALPHA_LVL2__ ON THE SETTING OF THE DURATION OF THE TREATMENT
OF CHILDREN IN SANATORIUM-TYPE
YOUNG PIONEER CAMPS

Resolution of the Secretariat of the All-Union Central Council
of Trade Unions of 6 July 1973
(Collection of Resolutions of the AUCCTU, July-September 1973,
Moscow, Profizdat, 1973, pp. 58--59
)

(Extract)

For the further improvement of the organisation of the treatment and instruction of schoolchildren in sanatoriumtype Young Pioneer camps open throughout the year, the Secretariat of the AUCCTU decrees that:

1. The duration of the treatment of sick children in sanatorium-type Young Pioneer camps during the academic year shall be set at 65 days and in the summer months, during the school holidays, at 45 days.

3. The amount of the partial payment of the cost by parents shall be set at:~

50% permits 40% permits For a stay For a stay of 45 days in the camp of 65 days in the camp 15 rubles 60 kopecks 22 rubles 60 kopecks 32 rubles 20 kopecks 46 rubles 50 kopecks

Ten per cent of all holiday permits shall be allocated free of charge for the children of disabled veterans of the Great Patriotic War and of low-income families.

4. Republican, territorial and regional trade union councils sending children to all-Union sanatorium-type Young Pioneer camps shall arrange for the children to be accompanied, to and from their place of treatment, with one adult 138 to every fifteen children.

5. Persons designated to accompany children shall be reimbursed for the cost of their return trip, and also be given a daily allowance while travelling, according to the established procedure.

__ALPHA_LVL2__ ON PRIVILEGES FOR STUDENTS IN VOCATIONAL
AND TECHNICAL EDUCATIONAL ESTABLISHMENTS
WHO ARE COMPLETE ORPHANS, DEPRIVED OF PARENTAL
CARE, OR THE CHILDREN OF CATEGORY I AND II
DISABLED VETERANS OF THE GREAT PATRIOTIC WAR

Resolution of the Council of Ministers of the USSR
of 23 April 1975, No. 315
(Collected Resolutions of the Government of the USSR,
No. 11, 1975, Item 66
)

(Extract)

In order to improve the material provision for students of vocational and technical educational establishments who are complete orphans, deprived of parental care or the children of category I and II disabled veterans of the Great Partiotic War, the Council of Ministers of the USSR, decrees that:

From 1 May 1975, for pupils of vocational and technical educational establishments who are complete orphans, deprived of parental care or the children of category I and II disabled veterans of the Great Patriotic War, the following conditions shall be established for their material provision (in addition to existing privileges):~

students in city vocational and technical, technical and trade and culinary colleges, factory apprenticeship schools, vocational and technical schools and other vocational and technical educational establishments training skilled workers (apart from rural vocational and technical schools) shall be paid a study grant of 9 roubles a month, as is envisaged for the students of secondary specialised educational establishments fully supported by the state;~

students in rural vocational and technical schools shall be housed free of charge in a hostel.

139 __ALPHA_LVL2__ STATUTE ON SPECIALISED SECONDARY EDUCATIONAL
ESTABLISHMENTS OF THE USSR

Ratified by Resolution of the Council of Ministers of the USSR
of 22 January 1969, No. 65
(Collected Resolution of the Government of the USSR,
No. 4, 1969, Item 25
)

(Extract)

SECTION I

GENERAL PROVISIONS

1. Specialised secondary education in the USSR shall be provided free of charge, on the principles of the equal right of all citizens of the USSR to education, irrespective of race, nationality, sex, material or social position, or beliefs, on the basis of the broad development of the culture, national in form and socialist in content, of the peoples of the USSR.

2. Specialised secondary education in the USSR shall be provided in technical schools, colleges and schools and other secondary specialised educational establishments.

The training of experts in specialised secondary educational establishments shall take the form of day (full-time), evening and correspondence (part-time) instruction.

3. The chief tasks of the specialised secondary educational establishment shall include:~

the training of skilled experts with a specialised secondary education, a proper theoretical knowledge and practical skills in their speciality, as well as a general secondary education, who have been educated in the spirit of MarxismLeninism, Soviet patriotism, friendship of peoples and proletarian internationalism, and have been trained to organise political and educational work among the population;~

constant improvement of the training of experts with an eye to the requirements of modern production, science, technology, culture and the prospects for their development;~

the cultivation in the pupils of a sense of duty and readiness to defend their socialist homeland;~

the physical training of students and organisation of measures to strengthen their health.

140 __ALPHA_LVL2__ INSTRUCTION
ON THE PROCEDURE FOR THE ALLOCATION AND PAYMENT
OF GRANTS TO THE STUDENTS
OF SPECIALISED SECONDARY EDUCATIONAL
ESTABLISHMENTS

Ratified by Order of the Minister of Higher and Specialised
Secondary Education of the USSR of 18 April 1972, No. 305
(Bulletin of the Ministry of Higher and Specialised Secondary
Education of the USSR, No. 7, 1972, p. 7.)

(Extract)

1. ...For the students of specialised secondary educational establishments, grants shall be allocated according to the following scale:

a) for students of all subjects---30 roubles a month;

b) for students of mining, metallurgical, oil and forestry specialities, the grant shall be 7 roubles higher than the grant envisaged in subpoint ``a'' of the present point;

c) for students of the specialities of special technology, the grant shall be set 15 roubles higher than the grant envisaged in subpoint ``a'' of the present point.

The list of specialities for which higher grants are paid is drawn up by the Ministry of Higher and Specialised Secondary Education of the USSR on agreement with the Gosplan of the USSR and the Ministry of Finance of the USSR;

d) for students who, in accordance with the decisions of the Government of the USSR, are fully supported by the state, the grant shall be set at 9 roubles a month;

f) for deaf-and-dumb and blind students the grant shall be 50 per cent higher than the grant envisaged in subpoint ``a'' of the present point;

The increase in the grants envisaged in subpoints ``c'' and ``f'' of the present point shall also apply to deaf-and-dumb and blind students;

g) the Lenin grant for students of specialised secondary educational establishments shall be 75 roubles a month.

141 __ALPHA_LVL2__ ON THE RATES FOR TRAVEL BY INTERCITY BUS
FOR STUDENTS OF SPECIALISED SECONDARY EDUCATIONAL
ESTABLISHMENTS, VOCATIONAL AND TECHNICAL SCHOOLS
AND FOR SCHOOLCHILDREN DURING
THE WINTER HOLIDAYS

Resolution of the Council of Ministers of the RSFSR
of 8 December 1964, No. 1521
(Collected Resolutions of the Government of the USSR, No. 21, 1964, Item 154)

(Extract)

From 1 January 1965, for students of specialised secondary educational establishments, vocational and technical schools and for schoolchildren during the winter holidays, the rate for travel by intercity bus shall be set at 50 per cent of the cost of the ticket at current prices.

[142] __NUMERIC_LVL1__ Section V. __ALPHA_LVL1__ SOCIAL SECURITY FOR CHILDREN __ALPHA_LVL2__ ON STATE PENSIONS

Law of the USSR of 14 July 1956
(Gazette of the Supreme Soviet of the USSR,
No. 15, 1956, Item 313)

(Extract)

I. GENERAL PROVISIONS

Article 1. The right to a state pension shall be enjoyed by:~

a) factory and office workers;~

b) members of the armed forces;~

c) students in higher, specialised secondary educational establishments, colleges, schools and on personnel training courses;~

d) other citizens if they were disabled as a result of fulfilling their state of social duties;~

e) members of the families of the citizens enumerated in the present article in the case of loss of the breadwinner.

III. DISABILITY PENSIONS FOR FACTORY AND OFFICE WORKERS

Article 21. For factory and office workers who are disabled as a result of general sickness before reaching the age of 20 years, pensions shall be awarded:~

a) if the disability occurs during work or after the job had been given up irrespective of service record;~

b) if the disability occured before starting work---given a work record of no less than one year.

Article 25. The following supplements shall be set for disability pensions (within the limits of the maximum size of pensions):

b) categories I and II disabled persons who are not working (irrespective of the cause of the disability) and 143 have non-able-bodied members of the family dependent on them:~

category I disabled with one non-able-bodied family member---10 roubles, with two non-able-bodied members of the family---20 roubles, with three or more non-- ablebodied members of the family---30 roubles a month;~

category II disabled with one non-able-bodied family member---10 roubles, with two or more non-able-bodied members of the family---20 roubles a month. (Amended version of Decree of 21 November 1973, Gazette of the Supreme Soviet of the USSR, No. 48, 1973, Item 678.)

IV. PENSIONS FOR LOSS OF BREADWINNER FOR THE FAMILIES OF FACTORY AND OFFICE WORKERS

Article 28. The right to a pension for loss of breadwinner shall be enjoyed by the non-able-bodied members of the family of a deceased factory or office worker or pensioner who were dependent on him.

Non-able-bodied members shall include:~

a) children, brothers, sisters and grandchildren up to the age of 16 (students up to the age of 18) or older if they were disabled before reaching the age of sixteen years (students---18 years); this shall apply to brothers, sisters and grandchildren on the condition that they do not have able-bodied parents;~

c) one of the parents or a spouse, irrespective of age and ability to work, if he is engaged in looking after the children, brothers, sisters or grandchildren of the deceased breadwinner who are up to the age of eight, and does not himself work.

The children and non-able-bodied parents of the deceased person who were not his dependents shall have the right to a pension on his death if, as a consequence, they lose their source of means of existence.

Article 29. Children dependent on both parents shall have the right to a pension on the death of either their father or mother even if the other parent is working.

Article 30. Children, brothers, sisters and grandchildren who are studying shall be entitled to pensions in addition to any grant they may be receiving.

144

Article 32. Adopters have the right to a pension equally with parents, and adopted children equally with natural children.

Minors entitled to a pension on the death of a breadwinner shall retain this right if they are subsequently adopted.

Article 34. Families including children who have lost both parents (complete orphans) or children of deceased unmarried mothers shall be awarded pensions of the size established for families which have lost their breadwinner as a result of industrial injury or occupational disease. (Amended version of Decree of 21 November 1973, Gazette of the Supreme Soviet of the USSR, No. 48, 1973, Item 678.)

Article 36. The following supplements shall be set for pensions for loss of breadwinner (within the limits of the maximum size of pension):~

a) for the families of factory and office workers who died as a result of industrial injury or occupational disease, where there are three or more non-able-bodied members of the family---15 per cent of the pension.

V. PENSIONS FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES

Article 38. Conscripted members of the armed forces with the rank of private, sergeant or warrant officer shall be entitled to a pension in the case of disability, and their families---for loss of breadwinner.

Article 41. Non-working disabled persons of categories I and II, included among the members of the armed forces under articles 39 and 40 of the present Law who have dependent notable-bodied family members .shall receive supplements to their pensions (within the limits of the maximum size of pension):~

disabled persons of category I with one non-able-bodied family member shall receive 10 roubles, with two non-- ablebodied family members---20 roubles, and with three or more non-able-bodied family members---30 roubles a month;~

disabled persons of category II with one non-able-bodied family member shall receive 10 roubles, with two or more 145 non-able-bodied family members---20 roubles a month. (Amended version of Decree of 21 November 1973, Gazette of the Supreme Soviet of the USSR, No. 48, 1973, Item 678.)

__ALPHA_LVL2__ STATUTE
ON THE PROCEDURE FOR THE GRANTING AND PAYMENT
OF STATE PENSIONS

Ratified by Resolution of the Council of Ministers of the USSR
of 3 August 1972, No. 590
(Collected Resolutions of the Government of the USSR, No. 17, 1972, Item 86)

(Extract)

IV. PENSIONS FOR LOSS OF BREADWINNER

66. A stepson and stepdaughter, where they do not receive maintenance from parents, shall be entitled to a pension equally with natural children.

79. If both the deceased parents worked and the children are entitled to a pension for loss of breadwinner from each of the parents, the pension shall be calculated on the basis of the aggregate income of both parents.

86. A family entitled to a pension for loss of breadwinner may apply for a pension to be granted at any time after the death or establishment of the absence without trace of the breadwinner, without any limiting time-period.

__ALPHA_LVL2__ ON PENSIONS AND ALLOWANCES
TO THE FAMILIES OF COLLECTIVE FARMERS

Law of the USSR of 15 July 1964
(Gazette of the Supreme Soviet of the USSR,
No. 29, 1964, Item 340)

(Extract)

I. GENERAL PROVISIONS

Article 1. Non-able-bodied members of the families of deceased collective farmers, where they were 146 dependent on the latter, shall be entitled to a pension for loss of breadwinner.

Article 2. Women members of collective farms shall be entitled to maternity grants.

II. PENSIONS

Article 10. ...Pensions for disability as a result of general sickness or injury not connected with work are granted to members of collective farms who have the following service record by the time the application for a pension is made:~

Age Service record (years) Men Women Before reaching the age of twenty ... 1 1

Article 12. The right to a pension for loss of breadwinner is enjoyed by the non-able-bodied members of the family of a deceased collective farmer on whom they were dependent.

The non-able-bodied members of the family include:~

1) children, brothers, sisters and grandchildren up to the age of 16 (students---18 years) or above this age where they became disabled persons of category I or II before reaching the age of 16 (students---18 years); this applies to brothers, sisters and grandchildren on the condition that they do not have able-bodied parents.

The non-dependent children and non-able-bodied parents of the deceased person shall be entitled to a pension for loss of breadwinner if, as a consequence, they have lost their source of means of existence.

Adopters shall be entitled to a pension equally with parents, and adoptees---equally with natural children.

III. MATERNITY GRANTS TO WOMEN MEMBERS OF COLLECTIVE FARMS

Article 18. Women members of collective farms, irrespective of their service record, shall be entitled to 147 receive allowances during maternity leave.

Maternity leave shall be granted for 56 calendar days before the birth and 56 calendar days after it, and in the case of an abnormal delivery or the birth of two or more children---of 70 calendar days after the birth.

Article 19. Maternity grants for women members of collective farms shall be determined according to the same procedure and the same rates as grants for women factory and office workers.

__ALPHA_LVL2__ STATUTE
ON THE PROCEDURE FOR THE GRANTING AND PAYMENT
OF PENSIONS TO MEMBERS OF COLLECTIVE FARMS

Ratified by Resolution of the Council of Ministers of the USSR
of 17 October 1964, No. 859
(Collected Resolutions of the Government of the USSR,
No. 20, 1964, Item 128
)

(Extract)

IV. PENSIONS FOR LOSS OF BREADWINNER

33. Children dependent on both parents shall be entitled to a pension on the death of their father or mother, even if the other parent is working.

34. Studying children, brothers, sisters and grandchildren shall be paid pensions in addition to any grants they may receive.

Children, brothers, sisters and grandchildren who are minors and fully supported by the state shall not be granted pensions, and the payment of pensions received previously shall cease throughout the time during which they are supported in this way.

35. Minors entitled to a pension for loss of breadwinner shall retain this right if they are adopted.

36. Stepsons and stepdaughters, where they do not receive maintenance from their parents, shall be entitled to a pension on a par with natural children.

42. The families of collective farmers, if the family includes children who have lost both parents (complete orphans), or children of a deceased unmarried mother (who 148 had been granted a state allowance) shall be awarded pensions irrespective of the cause of death of the breadwinner, equal in size to that established for families which have lost their breadwinner as a consequence of industrial injury or occupational disease.

Where both of the deceased parents were members of the collective farm and the children are entitled to a pension for the death of each of the parents, the pension shall be calculated on the basis of the aggregate income of both parents.

__ALPHA_LVL2__ STATUTE
ON THE PROCEDURE FOR THE GRANT AND PAYMENT
OF ALLOWANCES TO PREGNANT WOMEN, MOTHERS OF
LARGE FAMILIES AND UNMARRIED MOTHERS

Ratified by Resolution of the Council of Ministers of the USSR
of 12 August 1970, No. 659
(Collected Resolutions of the Government of the USSR,
No. 15, 1970, Item 123
)

(E x t r a c t)

I. STATE ALLOWANCES TO MOTHERS OF LARGE FAMILIES

1. State allowances shall be granted and paid to mothers of two children on the birth of the third and each subsequent child.

3. A lump-sum allowance shall be paid on the birth of the child, and a montly sum from the child's first birthday until he reaches the age of five.

These allowances shall be granted and paid to mothers irrespective of whether they are receiving allowances for children to whom they gave birth previously.

No allowance shall be paid for the husband's children from a previous marriage.

4. When granting state allowances to mothers of large families, account shall be taken of children born and adopted by her, and also children of the husband and children adopted by him, who have been brought up by the mother from an age not exceeding twelve years. These children shall also be taken into account if they die as a result of 149 wounds, concussion, injury or sickness received in defending the USSR or carrying out other military duties, lullillmg their duty as a citizen of the USSR in saving human life, protecting socialist property and socialist law and order, and also as a consequence of industrial injury or occupational disease.

Adopted children shall be taken into account it the resolution concerning the adoption was registered in the established manner before the birth of the child for whom the allowance is requested.

The children of the husband and children adopted by him shall be taken into account in the granting of allowances if, before the birth of the child for whom an allowance is requested, the marriage between the spouses was registered and the children were already being brought up oy the mother. The children of the husband not being brought up by the mother shall be taken into account if they have left the mother's large family to start studying, working, to serve in the Soviet Armed Forces or live independently.

6. In those cases where the mother, owing to her state of health or for other reasons, is unable to draw up the documents necessary for claiming a state allowance, the allowance due shall be awarded to the father or guardian of the children on their application and paid to them until the reasons for the mother being unable to receive the allowance be eliminated.

In case of the death of a mother of a large family, the allowance due to her shall be awarded and paid to the father or guardian of the children on application by them.

The allowance shall be paid to the father of the children of a mother of a large family who has died, irrespective of whether the children were adopted by his second wife, with whom he has registered a marriage.

7. State allowances shall be granted and paid to the mother (father, guardian) of a large family irrespective of whether the children receive pensions or maintenance.

II. STATE ALLOWANCES TO UNMARRIED MOTHERS

8. State allowances shall be granted and paid to unmarried mothers for the maintenance and upbringing of their children 150 if the birth certificate of the child does not bear the name of the father or if the registration of the father of the child was made in the established manner according to the mother's declaration.

10. Women who were previously married; shall be granted the state allowance established for unmarried mothers for children born from another man before or after the termination of the marriage, death of the husband or his disappearance without trace, provided the birth certificate of the child does not bear the name of the father or the registration of the father of the child was made in the established manner according to the mother's declaration.

11. When an unmarried mother marries, she remains entitled to the state allowance granted to her, and also to allowances for children bom before the marriage.

12. The state allowance to unmarried mothers, where there are three or more children, shall be granted and paid irrespective of any allowances she may receive as a mother of a large family.

13. The state allowances established for unmarried mothers shall not be granted or paid for children for whom the mother receives a pension or maintenance, nor if the person from whom the mother bore the children is recognised in the established manner as the father of the child, nor if the child is adopted.

IV. THE GRANTING OF STATE ALLOWANCES TO MOTHERS OF LARGE FAMILIES AND UNMARRIED MOTHERS

29. Female Soviet citizens arriving from other countries to reside permanently in the USSR shall be awarded the state allowance established for mothers of large families and unmarried mothers in the manner envisaged in the present Statute, from the month during which the mother arrived in the USSR.

Mothers of large families and unmarried mothers living on the territory of the USSR who have been granted Soviet citizenship shall be awarded the allowance from the month during which the mother was granted Soviet citizenship.

151 __ALPHA_LVL2__ ON THE PAYMENT OF ALLOWANCES FOR THE CHILDREN
OF CONSCRIPTED MEMBERS OF THE ARMED FORCES

Resolution of the Council of Ministers of the USSR
of 25 October 1963, No. 1108
(Collected Resolutions of the Government of the USSR, No. 20, 1963, Item 198)

(Extract)

The Council of Ministers of the USSR decrees that:~

1. The proposal of the Ministry of Defence of the USSR shall be adopted on the payment of child allowances to the wives of conscripted soldiers, sailors, sergeants and warrant officers in the following amounts:~

a) to those permanently resident in towns, townships, workers' and spa settlements, and also in rural localities, but not connected with agriculture---15 roubles for one child and 22 roubles for two or more children a month;~

b) to those permanently resident in a rural locality and connected with agriculture---7 roubles 50 kopecks a month for one child and 12 roubles for two or more children.

3. The payment of a child allowance shall continue throughout the period of active military service.

__ALPHA_LVL2__ ON THE FURTHER INCREASE IN THE MATERIAL
ASSISTANCE TO LOW-INCOME FAMILIES WITH CHILDREN

Resolution of the CPSU Central Committee and the Council of
Ministers of the USSR of 12 September 1974, No. 748
(Collected Resolutions of the Government of the USSR,
No. 21, 1974, Item 121)

(Extract)

...The Central Committee of the CPSU and the Council of Ministers of the USSR decree that:

1. It shall be considered advisable to introduce, froml November 1974, child allowances for families in which 152 the average income per member of the family does not exceed 50 roubles a month.

The child allowances shall be granted and paid at the rate of 12 roubles a month for each child up to the age of eight.

__ALPHA_LVL2__ ON THE IMPROVEMENT OF THE MATERIAL PROVISION
FOR PERSONS DISABLED FROM BIRTH

Resolution of the Central Committee of the CPSU and the Council
of Ministers of the USSR of 23 May 1979, No. 469
(Collected Resolutions of the Government of the USSR,
No. 14, 1979, Item 89)

(Extract)

1. From 1 January 1980, the size of the allowance shall be increased to persons disabled from birth on reaching the age of sixteen: for category I disabled---from 16 to 30 roubles and for category II disabled---from 16 to 25 roubles a month.

At the same time, the payment shall be introduced of allowances of 20 roubles a month for children disabled from birth until they reach the age of sixteen.

The allowances indicated shall be paid out of the state budget.

__ALPHA_LVL2__ STATUTE
ON THE PROCEDURE FOR THE GRANTING AND PAYMENT
OF CHILD ALLOWANCES TO LOW-INCOME FAMILIES

Ratified by Resolution of the Council of Ministers of the USSR
of 25 September 1974, No. 752
(Collected Resolutions of the Government of the USSR, No. 21,1974, Item 123)

(Extract)

V. THE GRANTING OF CHILD ALLOWANCES

29. Child allowances shall be granted to mothers at the place of work or study. Where the mother does not work or 153 study, the allowance shall be granted to the mother at the place of work, service or study of the husband.

In the case of the death of the mother, habitation of the children in the family of the father (where the parents live separately) or deprivation of the mother of her parental rights, the allowance shall be granted to the father or guardian.

VI. PAYMENT OF CHILD ALLOWANCES

41. Child allowances for low-income families shall be paid irrespective of whether they are in receipt of other allowances for these children...

VII. TERMINATION AND RENEWAL OF THE PAYMENT OF CHILD ALLOWANCES

50. Child allowances shall be paid up to the end of the calendar year, with the exception of the following cases, which may entail the termination or renewal of the payment of an allowance:~

attainment by the child of the age of 8 years (up to and including the month of birth);~

admission of the child to a child-care institution fully at state expense or his return from such an institution;~

adoption of the child by another family;~

deprivation of parental rights;~

attainment of the age of 18 by the children taken into account in the granting of the allowance;~

death of a member of the family.

In other cases of a change in the composition of the family or the incomes received by it, the right to a child allowance shall not be reviewed during the current year.

154 __ALPHA_LVL2__ STATUTE
ON THE PROCEDURE FOR THE GRANTING AND PAYMENT
OF STATE SOCIAL SECURITY BENEFITS

Ratified by Resolution of the Presidium
of the AUCCTU of 5 February 1955
in Accordance with the Resolution of the Council

of Ministers of the USSR
of 22 January 1955, No. 113, with amendments and supplements
^^*^^
(Social Security in the USSR,
Moscow, Profizdat, 1976, pp. 19--57
)

(Extract)

I. GENERAL PROVISIONS

2. The right to allowances under the present Statute shall be enjoyed by all factory and office workers, and also working people of other categories to whom social security applies in accordance with the current legislation (amended version of 7 April 1956).

II. TEMPORARY DISABILITY ALLOWANCES

12. During leave taken to care for a sick family member, allowances shall be granted where the absence of such care would endanger the life or health of the sick person and where it is not possible to place him in a hospital, and there is no other member of the family able to look after the sick person (a maid is not counted as a member of the family). During the sickness of a child under the age of two years, the mother shall be granted an allowance irrespective of whether there is another member of the family able to look after the sick child.

An allowance for looking after a sick member of the family shall be paid for a period of no more than three days. Payment of the allowance may be extended above three days only in exceptional cases, depending on the seriousness _-_-_

^^*^^ In all cases where, in individual points of the Statute, reference is made to editing, indicating the date, this means the corresponding Resolution of the Presidium of the AUCCTU on adoption of a new edited version of the given point.

155 of the illness suffered by the member of the family and the domestic circumstances.

The allowance for looking after a sick child under the age of fourteen shall be paid for the entire period during which the child requires care, but for no more than seven calendar days, though unmarried mothers, widows and divorcees may be awarded an allowance for looking after a sick child under the age of seven for a period of ten calendar days (as amended on 17 August 1973).

A mother released from work to be with a sick child in hospital shall be awarded an allowance for the entire period for which she is released (as amended on 1 February 1957).

III. SIZE OF ALLOWANCE

18. In cases other than industrial injury or occupational disease, temporary disability allowances shall be paid to factory and office workers in state, co-operative and public enterprises, establishments and organisations, who are trade union members, in the following amounts:

b) factory and office workers under the age of eighteen--- 60 per cent of their earnings;

d) factory and office workers with three or more dependent children under the age of sixteen (students--- eighteen)---100 per cent of their wage, irrespective of unbroken service record (as amended on 24 January 1975).

__ALPHA_LVL2__ STATUTE ON THE PROCEDURE FOR THE GRANTING AND
PAYMENT OF STATE SOCIAL SECURITY BENEFITS TO
MEMBERS OF COLLECTIVE FARMS

Ratified by Resolution of the Union Council of Collective Farms
of 4 March 1970 and the Resolution of the
Presidium oftheAUCCTU of 15 April 1970^^*^^
(Social Security for Members of Collective Farms,
Collected Material, Profizdat, 1970)

(Extract)

11. During leave taken to care for a sick family member, an allowance shall be paid provided the absence of such _-_-_

^^*^^ See footnote on p. 155.

156 care would endanger the life or health of the sick person and where it is not possible to place him in a hospital, and where there is no other member of the family able to look after the sick person. During the sickness of a child under the age of two years, the mother shall be granted an allowance irrespective of whether there is another member of the family able to look after the sick child.

An allowance for looking after a sick member of the family shall be paid for a period of no more than three days. Payment of the allowance may be extended above three days only in particularly exceptional cases, depending on the seriousness of the sickness suffered by the member of the family and the domestic circumstances.

The allowance for looking after a sick child under the age of fourteen shall be paid for the entire period during which the child requires care, but for no more than seven calendar days, though unmarried mothers, widows and divorcees may be granted an allowance for looking after a sick child under the age of seven for a period of ten calendar days.

A mother released from work to be with a sick child in hospital shall be granted an allowance for all the days during the period for which she is released which, according to the production conditions, she would have worked on the public economy of the collective farm (as amended on 27 September 1973).

SIZES AND CALCULATION OF ALLOWANCES

18. In cases other than industrial injury or occupational disease, temporary disability allowances shall be paid in the following amounts:

b) to members of collective farms under the age of eighteen---60 per cent of their wage;

d) to members of collective farms who are trade union members and have three or more dependent children under the age of sixteen (students---eighteen)---100 per cent of their wage, and to non-trade union members---90 per cent of their wage, irrespective of the duration of their unbroken service record (as amended on 30 December 1976).

157 __ALPHA_LVL2__ ON THE GRANTING OF MEDICAL CERTIFICATES AND THE
PAYMENT OF ALLOWANCES TO WOMEN ADOPTING
NEW-BORN BABIES

Resolution of the Council of Ministers of the USSR of
18 February 1966, No. 127
(Collected Resolutions of the Government of the USSR, No. 4,1966, Item 41)

(Extract)

The Council of Ministers of the USSR decrees that:~

1. Women adopting new-born babies straight from a nursing home, shall be given medical certificates with payment, in the established manner, of maternity allowances from the date of adoption until the expiry of 56 days from the child's date of birth.

The payment of maternity allowances in the cases indicated to female factory and office workers shall be made out of state social security funds, and to female collective farm members---out of the centralised union fund for the social security of collective farmers.

__ALPHA_LVL2__ ON MEASURES TO IMPROVE THE PROVISION OF CITIZENS
WITH PROSTHETIC AND ORTHOPAEDIC ASSISTANCE
^^*^^

Resolution of the Council of Ministers of the RSFSR of
20 October 1961, No. 1329
(Systematic Collection of the Laws of the RSFSR, Decrees of the Presidium of the Supreme Soviet of the RSFSR
and Decisions of the Government of the RSFSR, Vol. XL, Moscow, Juridical Literature Publishers, 1969, pp. 577--78)

(Extract)

2. Measures shall be taken to improve the provision of prosthetic and orthopaedic assistance to the public in accordance with Appendix No. 2.

_-_-_

^^*^^ All forms of prosthetic and orthopaedic appliance are provided free of charge for those requiring them, their cost covered by the prosthesis budget.

158

Appendix No. 2
to the Resolution of the Council of Ministers
of the RSFSR of 20 October 1961, No. 1329

MEASURES TO IMPROVE THE PROVISION OF CITIZENS WITH PROSTHETIC AND ORTHORAEDIC ASSISTANCE

2. The Ministry of Health of the RSFSR shall improve the medical service for citizens requiring prosthetic and orthopaedic assistance and hearing aids, for which purpose:

a) beginning from 1962, dispensary service for disabled persons shall be organised, above all for children requiring and using prosthetic appliances and hearing aids.

__ALPHA_LVL2__ STANDARD STATUTE ON HOMES FOR THE AGED AND INFIRM

Ratified by Resolution of the State Committee of the Council
of Ministers of the USSR on Labour and Social Questions of

20 June 1978, No. 202
(Bulletin of the Goskomtrud, No. 10,1978, pp. 25--30
)

(Extract)

I. GENERAL PROVISIONS

1. A home for the aged and infirm is a medical and social establishment intended for the permanent residence of the aged and infirm requiring care, day-to-day and medical services.

2. Homes for the aged and infirm may be different in type, numbers of inmates (beds) and subordination.

Depending on the type, they shall be called Boarding Homes, Guest Houses for Labour Veterans, Psychoneurological Homes, and Children's Homes.

18. Children's boarding homes shall admit children between the ages of four and eighteen who have anomalies in their mental or phisical development.

19. ...members of the families of deceased servicemen, as well as of deceased disabled persons and Great Patriotic War veterans, shall be given priority in admission to a children's boarding home.

159 __ALPHA_LVL2__ STATUTE ON THE CHILDREN'S HOME FOR MENTALLY
HANDICAPPED CHILDREN OF THE MINISTRY OF SOCIAL
SECURITY OF THE RSFSR

Ratified by Decree of the Ministry of Social Security of the RSFSR of 6 April 1979, No. 35

(Extract)

I. GENERAL PROVISIONS

1. The children's home for mentally handicapped children^^*^^ is a medical and social establishment intended for the permanent residence of children requiring care, day-to-day and medical services, and also social and work adaptation. In the children's home a department or group may be organised with a day or six-day attendance timetable.

7. In the children's home, for the purpose of instructing the pupils in work skills, treatment and production (labour) workshops shall be set up, and in a children's home situated in a rural locality---also a subsidiary agricultural allotment.

Note: Treatment and production (labour) workshops and subsidiary agricultural allotments shall be set up under children's homes for seriously mentally handicapped children capable of being taught according to special programmes and methods.

II. TASKS AND FUNCTIONS OF THE CHILDREN'S HOME

11. The chief tasks of the children's home shall be:

11.1. the material and day-to-day provision for the inmates; the creation of favourable living conditions for them, the organisation of care (supervision) and medical assistance for them;

11.2. the implementation of measures geared to the social and labour adaptation of the inmates.

16. Places are intended for mentally handicapped children suffering from chronic psychological disorders and, owing to their state of health, in need of care, day-to-day _-_-_

^^*^^ Hereinafter called the children's home.

160 and medical assistance...

The children of disabled and other veterans of the Great Patriotic War and of the families of deceased members of the armed services, and also of deceased disabled and other veterans of the Great Patriotic War, orphans, the children of unmarried mothers and mothers of large families shall enjoy priority admission to the children's home.

18. For the better organisation of care, medical assistance, the implementation of measures for social and labour adaptation and the carrying out of treatment and educational work, the inmates shall be given places in rooms according to their illness, age and distribution by study group.

20. Inmates reaching the age of eighteen who possess work skills and are capable, according to a conclusion of the Medical Investigation Commission, of working in enterprises or agriculture, shall, if they have parents, be discharged to the latter, and shall receive assistance from the district or city departments of social security in finding a job. Inmates without parents shall be found work by the Ministries of Social Security of the Autonomous Republics, the territorial, regional, and in Moscow and Leningradcity departments of social security.

22. Inmates reaching the age of eighteen who are not capable of working shall, in accordance with a decision ot a specialised Medical Investigation Commission and decision of the pedagogical council, be transferred to neuro-psycholo gical boarding homes.

IV. THE ORGANISATION OF INSTRUCTIONAL AND EDUCATIONAL
WORK IN THE CHILDREN'S HOME (FOR CHILDREN CAPABLE
OF STUDYING UNDER SPECIAL CURRICULA AND ACCORDING
TO SPECIAL METHODS)

23. In the children's home, an instructional and educational process shall be implemented that envisages the cultivation in the inmates of the skills of looking after themselves, work skills, the teaching of elementary liters, cy, counting, and the development in the children of the simplest ideas and concepts.

25. All inmates of a children's home shall be placed in __PRINTERS_P_161_COMMENT__ 6---14 161 teaching groups according to their age, physical and intellectual development and ability to acquire labour skills.

26. The inmates of a children's home shall be divided into groups of 15 to 18 persons:~

26.1. the pre-school group of from 4 to 8 years;~

26.2. the preparatory group of work instruction from 8 to 12 years;~

26.3. work instruction groups from 12 to 18 years (including the adolescent group from 16 to 18 years);~

26.4. a diagnostic group from 4 to 18 years.

Note: The purpose of the diagnostic group is to establish the extent of the mental retardation and the possibility of work instruction and to decide on the methods of correctional educational work with the inmates.

[162] __NUMERIC_LVL1__ Section VI. __ALPHA_LVL1__ LABOUR PRIVILEGES FOR ADOLESCENTS __ALPHA_LVL2__ FUNDAMENTALS OF THE LABOUR LEGISLATION OF THE
USSR AND THE UNION REPUBLICS

Ratified by Law of the USSR of 15 July 1970
(Gazette of the Supreme Soviet of the USSR,
No. 29,1970, Item 265)

(Extract)

Chapter IV

WORKING TIME AND TIME OFF

Article 22. Shorter Working Time

Shorter working time shall be established for:~

1) factory and office workers from 16 to 18 years of age---36 hours a week, from 15 to 16 years of age (Article 74)---24 hours a week.

Article 33. Length of Annual Leave

Factory and office workers shall be entitled to at least 15 working days' leave a year. Gradually the annual leave shall be extended. The length of the annual leave shall be determined in accordance with the USSR legislation.

Factory and office workers under eighteen years of age shall be eligible for one calendar month's leave a year.

Chapter V

WAGES AND SALARIES, GUARANTEES AND COMPENSATION

Article 36. Payment According to Work. Minimum Wage or Salary

The USSR Constitution stipulates that the labour of factory and office workers shall be remunerated 163 according to quantity and quality. No reduction in pay shall be allowed for reasons of sex, age, race or nationality.

Chapter IX

YOUNG PEOPLE'S LABOUR

Article 74. Legal Employment Age

It shall not be permitted to employ persons under sixteen.

In exceptional cases, however, persons who have reached the age of fifteen may be employed with the consent of the factory or office trade union committee.

Article 75. Work Prohibited for Persons Under Eighteen

It shall be forbidden to employ persons under the age of eighteen on arduous jobs and on jobs with unhealthy or hazardous working conditions, and on underground work.

Article 76. Medical Examination of Persons Under Eighteen

Before employment, all persons under eighteen shall undergo a preliminary medical examination; until reaching the age of eighteen, they shall undergo regular medical examinations every year.

Article 77. Remuneration of Factory and Office Workers Under Eighteen Working Shorter Hours

Factory and office workers under eighteen working shorter hours every day shall be paid the same amount as equally qualified factory and office workers working regular hours.

Factory and office workers under eighteen taken on for piece-rate jobs shall be paid at the piece rates established for adult employees and shall be paid additionally according to tariff rates to make up the wages they would have received had they been working a full schedule.

164

Article 78. Prohibition of Night and Overtime Work for Factory and Office Workers Under Eighteen

It shall be forbidden to employ factory and office workers under eighteen on night and overtime work, and work on days off.

Article 79. Leave for Factory and Office Workers Under Eighteen

Annual leave shall be granted to factory and office workers under eighteen (Article 33) in the summer or, at their request, at any other time of year.

Article 81. Provision of Jobs for Young Factory Workers and Graduates Upon Completion of Educational Establishments in Keeping With Their Trade and Qualifications

Young workers who have completed vocational and technical schools and graduates of higher educational establishments and specialised secondary schools shall be provided with jobs in keeping with their trade and qualifications.

Article 82. Restrictions on the Dismissal of Factory and Office Workers Under Eighteen

Dismissal of factory and office workers under eighteen on the initiative of the management shall be permitted only in strict accordance with the general rules governing dismissal and only upon the consent of the district (town) Commission for the Affairs of Minors. In these circumstances, for reasons specified in par. 1,2 and 6, Article 17 of the present Fundamentals^^*^^, dismissals shall be permitted in _-_-_

^^*^^ In accordance with par. 1, 2 and 6, Article 17 of the present Fundamentals, dismissal is permitted as a result of: 1) liquidation of the enterprise, establishment or organisation; cuts in staff numbers; 2) unsuitabiUty of the factory or office worker for the post held by him or work carried out by him as a result of insufficient qualificatiions or state of health; 6) restoration in the job of the factory or office worker who previously carried it out.

165 exceptional cases only, provided another job is found for the dismissed person.

Chapter X

PRIVILEGES FOR FACTORY AND OFFICE WORKERS
COMBINING WORK WITH STUDY

Article 83. Organisation of Industrial Training and Provision of Conditions for Combining Work and Study

To provide opportunities for vocational training and to improve the qualifications of factory and office workers, particularly young people, the managements of enterprises, organisations or institutions shall organise individual and group training, courses and other forms of industrial training at their own expense.

Factory and office workers obtaining industrial training or studying at educational establishments while keeping on with their jobs shall enjoy the requisite conditions provided by the management to enable them to combine work with study.

When a factory or office worker has been recommended for a higher category or for promotion, his industrial training, his progress in general or professional education and the completion of a higher or specialised secondary education shall be taken into account.

Article 84. Privileges Enjoyed by Factory and Office Workers Studying in General and Vocational Schools

Factory and office workers combining work with study in general and vocational schools shall be entitled to work a shorter working week or shorter working day, and shall continue to draw their regular pay in keeping with the established rules, and shall also enjoy other privileges..

166

Article 85. Privileges for Factory and Office Workers at Higher Educational Establishments and Specialised Secondary Schools

Factory and office workers who have been admitted to entrance examinations to higher educational establishments and specialised secondary schools shall be granted leave without regular pay.

Factory and office workers taking evening or correspondence courses at higher educational establishments or at specialised secondary schools shall be granted paid leave in keeping with the statutory rules for purposes of study and shall be granted other privileges.

__ALPHA_LVL2__ THE CODE OF LABOUR LAWS OF THE RSFSR

Ratified by Law of the RSFSR of 9 December 1971
(Gazette of the Supreme Soviet of the RSFSR,
No. 50, 1971, Item 1007)

(Extract)

Chapter III

LABOUR CONTRACT

Article 21. Probation on Acceptance for a Job

When a labour contract is signed, on agreement between the parties a test may be made to judge whether the prospective employee suits the job.

No test shall be made when employing: persons under the age of eighteen; young workers on completion of a vocational educational establishment...

Chapter V

TIME OFF

Article 71. Procedure for the Granting of Leave

Leave for the first year of work shall be granted to factory and office workers after eleven months of 167 continuous work have expired in the given enterprise, establishment or organisation. Before eleven months of continuous work have expired, leave shall be granted at the request of: women---before maternity leave or directly after it; factory and office workers under the age of eighteen...

Article 74. Annual Leave. Exceptional Cases of Carrying Over Leave.

It shall be forbidden not to grant annual leave for two consecutive years, and also not to grant leave to factory and office workers under the age of eighteen...

Chapter XII

ADOLESCENTS' LABOUR

Article 174. The Rights of Minors in Labour Legal Relations

Minors (persons under the age of eighteen) in terms of labour legislation shall enjoy equal rights with adults, and in the sphere of labour protection, working time, leave and certain other working conditions, shall enjoy the privileges established by the Fundamentals of Labour Legislation of the USSR and the Union Republics, the present Code and other acts of labour legislation.

Article 179. Output Rates for Young Workers

For workers up to the age of eighteen, rates of output shall be set on the basis of the output rates for adult workers in proportion to the shorter length of the working time for persons under the age of eighteen.

Young workers entering an enterprise or organisation after completing general schools, vocational and educational establishments, and courses, and also those who have undergone training on the job, may, in the cases and to the extent envisaged by the legislation and for periods decided by it, have lower output rates set for them. These rates shall be confirmed by the management of the enterprise or organisation, in agreement with the factory or local trade union committee.

168

Chapter XIII

PRIVILEGES FOR FACTORY AND OFFICE WORKERS
COMBINING WORK AND STUDY

Article 185. Study During Working Hours

Theoretical lessons and industrial instruction in the training of new workers on the job by means of individual, team and course instruction shall take place within working hours as established by the labour legislation for workers of the corresponding ages, trades and production spheres.

Article 186. Provision of Work in Accordance with Qualifications

On completing work training, the worker shall be awarded qualifications in keeping with the qualification rate handbook and shall be provided with work in accordance with the qualifications obtained by him and the category awarded to him.

Article 187. Creation of the Necessarry Conditions for Combining Work with Study

For factory and office workers undergoing industrial instruction or studying in educational establishments while keeping on with their jobs, the management shall be obliged to create the necessary conditions for combining work and study.

Article 188. Encouragement of Factory and Office Workers Combining Work and Study

In raising qualification category or promoting a factory or office worker, account must be taken of whether he had successfully undergone industrial training, general education and vocational instruction, and also whether he had higher or specialised secondary education.

169

Article 189. Privileges for Factory and Office Workers Studying in General and Vocational Educational Establishments

For factory and office workers who study, while keeping on their jobs, in general and vocational educational establishments, a shorter working week or shorter working day shall be established, and they shall retain their regular pay in the established manner; they shall also be granted other privileges.

Article 190. Shorter Working Time for Students in General Schools

For factory and office workers successfully studying, while keeping on their jobs, in classes IX to XI in young workers' schools---evening (shift) and correspondence general secondary schools, for the period of the academic year a working week shall be established that is one working day or the corresponding number of working hours shorter (by shortening the working day throughout the week), and for pupils in classes IX to XI of rural youth schoolsevening (shift, seasonal) and correspondence general secondary schools---a working week shorter by two working days or the equivalent number of working hours (by shortening the working day throughout the week).

Pupils in classes IX to XI shall be released from work for no more than 36 working days, given a six-day working week, or the equivalent number of working hours in the course of the academic year. Given a five-day working week, the overall number of working hours free from work shall remain the same, while the number of working days free from work shall change depending on the length of the work shift and shall constitute 31.5 days, given an eight-hour shift and 31 days given an 8 hour 12 minute shift.

For the time during which they are released from work, pupils shall be paid fifty per cent of their average wage from their main place of work, but not less than the established minimum wage.

The shortening of the working day for pupils in classes V to VIII shall be regulated by the legislation of the USSR 170 and, within the limits set by this, by the legislation of the RSFSR.

The managements of enterprises, establishments and organisations shall have the right, provided this is not to the detriment of production activities, to grant pupils in classes IX to XI of young workers' and rural youth schools, if they desire, an additional one or two day releases from work during the week.

Article 191. Leave in Connection with Study in General Schools

Factory and office workers studying, while keeping on their jobs, in young workers' and rural youth schools, evening (shift, seasonal) and correspondence general secondary schools, shall, for the period of the final exams in class XI, be granted 20 working days' leave, and in class VIII---8 working days, with full pay from the main place of work, calculated on the basis of the wage rate or basic wage.

For pupils who keep on their jobs, in classes V, VI, VII, IX and X of the given schools, from 4 to 6 days free from work shall be established during examination time at the end of the school year, with average pay from the main place of work retained; this shall be achieved by shortening the overall number of days (by 8 to 12 days) granted in accordance with Article 190 of the present Code.

Article 192. Timing of Annual Leave for Pupils in General Schools

When granting annual leave to persons studying in general schools while keeping on their jobs, the management of the enterprise, establishment or organisation shall be obliged, if the students so wish, to make this leave coincide with the examination period in the schools.

Article 193. Restriction of Overtime by Students in General and Vocational Educational Establishments

It shall be prohibited to involve factory and office workers studying in general schools and vocational 171 educational establishments, while keeping on their jobs, in overtime work on lesson days.

Article 194. Leave in Connection with Study in Vocational Educational Establishments

Factory and office workers successfully studying, while keeping on their jobs, in evening (shift) vocational educational establishments shall be released from work to revise and take exams for 30 working days in the course of the year, and shall retain fifty per cent of the average wage from their main place of work.

Article 195. Leave for Taking Entry Examinations to Higher and Specialised Secondary Educational Establishments

Factory and office workers entered for entry exams to higher and specialised secondary educational establishments shall be granted unpaid leave.

Persons entered for entry examinations to higher educational establishments (including to technical colleges under industrial enterprises) shall be granted leave of 15 calendar days, and to specialised secondary educational establishments---ten calendar days, not counting time spent travelling to and from the educational establishment.

Article 196. Privileges for Factory and Office Workers Studying in Higher and Specialised Secondary Educational Establishments

Factory and office workers studying in evening and correspondence higher and specialised secondary educational establishments shall be granted, in the established manner, paid leave in connection with that studies and also other privileges.

172

Article 197. Shortening of Working Time for Students of Evening and Correspondence Higher and Specialised Secondary Educational Establishments

Students in evening and correspondence higher educational establishments and pupils of evening and correspondence specialised secondary educational establishments shall be entitled, for a period of ten academic months before beginning on their diploma project (work) or taking state exams, to one day release from work given a six-day working week, for preparing for lessons, with payment of fifty per cent of the wage they receive, provided this is not less than the minimum. Given a five-day working week, the number of days free from work shall differ depending on the length of the work shift, with the number of hours free from work retained the same.

The management of enterprises, establishments and organisations shall have the right to grant, in the course of the said ten academic months, additional one or two in paid day releases from work during the week, if the students or pupils so wish.

Article 198. Leave in Connection with Study in Evening and Correspondence Higher and Specialised Secondary Educational Establishments

Students successfully studying in evening higher educational establishments shall be granted leave each year during the period of laboratory work, tests and examinations---of 20 calendar days in the first and second years and of 30 calendar days---in the third and subsequent years. Pupils successfully studying in evening specialised secondary educational establishments shall be granted leave each year during the period of laboratory work, tests and examinations---of 10 calendar days in the first and second years, and of 20 calendar days in the third and subsequent years.

Students and pupils successfully studying in correspondence higher and specialised secondary educational establishments shall be granted leave every year during the period of laboratory work, tests and examinations---of 30 173 calendar days in the first and second years and of 40 calendar days in the third and subsequent years.

Students and pupils of evening and correspondence higher and specialised secondary educational establishments shall be granted leave of 30 calendar days during the period of state examinations.

Students in evening and correspondence higher educational establishments shall be granted leave of four months and pupils in evening and correspondence specialised secondary educational establishments---leave of two months during the period of the preparation and defence of their diploma projects (work).

During leave granted in connection with study in evening and correspondence higher and specialised secondary educational establishments, factory and office workers shall retain their wages, but not above the established rate.

Article 199. Leave for Studying Work of the Chosen Speciality and the Preparation of Material for Diploma Projects

The managements of enterprises, establishments and organisations shall have the right, on the recommendation of the corresponding educational establishments, to grant students in their final years in evening and correspondence higher and specialised secondary educational establishments an extra month's unpaid leave for studying work in their chosen speciality and preparing material for their diploma project. During the period of the leave, students and pupils shall be paid grants on the usual basis.

Article 200. Payment of Travel Expenses to a Correspondence Educational Establishment

The managements of enterprises, establishments and organisations shall pay students in correspondence higher and specialised secondary educational establishments their travel expenses to and from the educational establishment for the purpose of carrying out laboratory work and taking tests and examinations, once a year to the amount of fifty per cent of the overall travel expenses.

174

In addition, an equal amount shall be paid towards travel expenses for the preparation and defence of a diploma project (work) or the taking of state examinations.

__ALPHA_LVL2__ STATUTE ON COMMISSIONS FOR THE
AFFAIRS OF MINORS

Ratified by Decree of the Presidium of the Supreme Soviet
of the RSFSR of July 3,1967.
(Gazette of the Supreme Soviet of the RSFSR,
No. 23, 1967, Item 536)

(Extract)

Article 11. ...Dismissal of persons under the age of eighteen on the initiative of the management shall only be permitted given strict observance of the general regulations governing dismissal and only with the consent of the district (city) Commission for the Affairs of minors. The question of granting permission for the dismissal of a minor shall be considered at the meetings of the Commission.

In all instances where a minor applies to be released from work according to his own wishes, the management of enterprises, establishments and organisations shall be obliged to inform the Commission for the Affairs of Minors of this within three days, so that the Commission might, in the period of time established by law, find out the real reasons for the application for release and take measures to either have the minor stay in his original job or to find him a new one in another enterprise, organisation or establishment.

__ALPHA_LVL2__ ON THE LIST OF TYPES OF PRODUCTION, TRADES
SPECIALITIES AND JOBS IN WHICH IT IS FORBIDDEN TO
EMPLOY PERSONS UNDER THE AGE OF EIGHTEEN
^^*^^

Resolution of the State Committee of the Council of Ministers of the USSR on Questions of Labour and Wages of 29 August
1959, No. 629 (Bulletin of the State Committee of the
Council of Ministers of the USSR on Questions of Labour and
Wages, 1959, Item 6)

(Extract)

The State Committee of the Council of Ministers of the USSR on Questions of Labour and Wages decrees that:

_-_-_

^^*^^ The list is not reproduced here.

175

1. A List of types of production, trades, specialities and jobs in which it shall be forbidden to employ persons under the age of eighteen, in accordance with the Appendix^^*^^, shall be approved in agreement with the AUCCTU.

2. It shall be established that the employment of persons under the age of eighteen in the types of production, trades, specialities and jobs enumerated on the list shall be prohibited irrespective of the branch of the national economy.^^**^^

3. It shall be established that, when undergoing industrial practice (industrial training), persons under the age of eighteen studying in urban and rural vocational schools and technical schools and in classes IX to XI of secondary schools may spend no more than three hours a day in the types of production and work enumerated on the List. Instruction in the trades, specialities and types of work envisaged on the List according to the system of individual or team apprenticeship shall not be permitted for persons under the age of eighteen.

__ALPHA_LVL2__ ON THE MAXIMUM WEIGHTS PERMITTED
FOR ADOLESCENTS TO CARRY AND MOVE

Mandatory Resolution of the RSFSR People's
Commissariat for Labour of 4 March 1921
(Bulletin of the Labour Front, 1921, No. 5): applied to
the entire territory of the USSR by Resolution of the
People's Commissariat for Labour of the USSR and the Supreme
Economic Council of the USSR of 14 November 1923, No. 154
(Information of the PCL USSR, No 11--35,1923)

(Extract)

1. Adolescents up to the age of eighteen must not, under any circumstances, be given work consisting _-_-_

^^*^^ The Appendix is not reproduced here.

^^**^^ By Decree of the Presidium of the Supreme Soviet of the RSFSR of 19 July 1972, it is prohibited to employ minors in work connected with the production, storage or trade in alcoholic beverages (seep.101).

176 exclusively of carrying and moving weights over 10 pounds (4.1 kg). The carrying and moving of weights by adolescents of both sexes shall be permitted within the limits indicated below only in those cases where they are directly connected with the adolescent's fulfilment of his usual job and do not take up more than a third of his working time.

2. For male adolescents between the ages of sixteen and eighteen, the following limits shall be established for the carrying and moving of weights for each individual worker:

a) the carrying of weights: for male adolescents between 16 and 18 years---40 pounds (16.4 kg) and for female adolescents between 16 and 18---25 pounds (10.25 kg).

4. Persons guilty of infringing the present mandatory resolution shall be held responsible under the law.

__ALPHA_LVL2__ STATUTE ON THE RIGHTS OF FACTORY AND LOCAL
TRADE UNION COMMITTEES

Ratified by Decree of the Supreme Soviet of the USSR
of 17 September 1971
(Gazette of the Supreme Soviet of the USSR, No. 39,1971, Item 382)

(Extract)

25. Factory and local trade union committees and the management of the enterprise, establishment or organisation shall consider questions relating to the granting of bonuses to young factory and office workers, the distribution of housing and places in hostels for them, the labour protection of adolescents, the dismissal of young people, use of funds to develop mass cultural and sports activities with the participation of a respresentative of the committee of the Young Communist League of the corresponding enterprise, establishment or organisation.

177 __ALPHA_LVL2__ MODEL RULES OF A COLLECTIVE FARM

Adopted by the Third All-Union Congress of Collective Farmers and
Ratified by Resolution of the Central Committee of the CPSU and
the Council of Ministers of the USSR of 28 November 1969, No. 910
(Collected Resolutions of the Government of the USSR,
No. 26, 1969, Item 150)

(Extract)

II. MEMBERSHIP OF THE COLLECTIVE FARM. RIGHTS AND DUTIES OF MEMBERS OF THE COLLECTIVE FARM

3. Citizens who have reached the age of sixteen and who have declared their wish to participate with their labour in the common economy of the collective farm may become members of the collective farm.

VI. THE ORGANISATION, PAYMENT AND DISCIPLINE OF LABOUR

33. The collective farm shall establish shorter working hours and other privileges for adolescents.

__ALPHA_LVL2__ MODEL RULES FOR THE INTERNAL REGULATIONS
OF THE COLLECTIVE FARM

Ratified by Resolution of the All-Union Council of Collective Farms of 4 March 1970

(Extract)

III. WORKING TIME, ITS USE AND REST TIME

17. Collective farmers who work conscientiously on the common economy and earn the established mandatory minimum of labour participation shall be granted paid leave of: one calendar month for adolescents up to the age of eighteen.

IV. LABOUR PROTECTION

21. For adolescents of 15 to 16 years, a working day of four hours shall be established, and for those from 16 to 18---one of six hours. Given a five-day working week, the length of the working day indicated shall be extended by not more than one hour. The management of the collective farm may also establish other privileges for adolescents.

[178] Emacs-File-stamp: " " __EMAIL__ webmaster@leninist.biz __OCR__ ABBYY 6 Professional (2007.05.22) __WHERE_PAGE_NUMBERS__ bottom __FOOTNOTE_MARKER_STYLE__ [*]+ __ENDNOTE_MARKER_STYLE__ [0-9]+ __ALPHA_LVL1__ SUBJECT INDEX^^*^^ A

Adoption

---acquisition and retention of citizenship in cases of adoption-23--25

---adopters as legal representatives of the adoptees---35

---children who may be adopted-43, 54

---persons who may be adopters---43, 54

---consent to adoption---43, 55

---recognition of adoption as invalid---43

---annulment of adoption---43

---rights and duties of adopters, adoptees and their relatives ^43--44

---right of adoptees to pensions and allowances---44, 128, 150

---registration of adopters as parents-41, 56

---adoption of children resident outside the USSR---44

---adoption of children by aliens-45

---adoption of children under trusteeship (guardianship) or in child-care institutions---55

---change of surname, first name and patronymic of the adoptee-55--56

---conferment of an adoptee of equal status with relatives of the adopter and the retention of legal rights with one of the parents---56

---ensuring secrecy of adop-

tion-56, 100

---leaves and allowances to women adopting new-born babies'-160

---adopted children taken into account in allocating allowances to mothers of large families--- 152

---termination of payment of allowances to low-income family in case of adoption of a child--- 156

see also Father; Mother; Parents

Age

---change in the citizenship of children under 14 years of age-22

---consent of children aged 14 to 18 to a change in their citizenship---24

---age of majority---24, 25

---features of questioning in the proceedings of witness up to the age of 14 and aged 14 to 18--36

---consent of a child reached the age of 10 to the adoption--- 43,55

---age of children over whom trusteeship and guardianship is instituted---57

---labour rights and privileges of women with children under the age of 1-68, 72--74

----with children from 1

year to 8 years of age-68, 72

---free travel of a child up to _-_-_

^^*^^ This Index was compiled by E. G. Azarova, Cand. Sc. (Law)

179 the age of 5---81

---acceptance of children of 7 years or older on hiking routes-82

---age of inmates of infants' homes-83

---age criteria for referring cases concerning minors to the competence of the Commission for the Affairs of Minors---86 .

---age criteria for criminal responsibility-93--94

----for the application of measures of criminal punishment-94--96

---conditional release from punishment before the expiry of its term and substitution of a lighter punishment with respect to persons committed a crime when under the age of 18 years---97

---age for acceptance of children and adolescents in children's homes-131--32 136

---age of children brought up in boarding schools---133

---age of children taken to Young Pioneer camps---139

---age to which pensions for loss of breadwinner are awarded-146, 149

---age of children up to. which child allowances are awarded--- 70,151,152,154

---age of inmates in boarding homes---164

---prohibition on the reduction of pay in respect to age--- 165--66

---age from which employment is permitted---166

---age above which acceptance as a collective farm member is permitted---180

see also Harm; Lab our; Minors

Allowances

---temporary disability allowances-19,157--59

---allowances on the birth of a child-19, 64

----for large families-20, 38, 78, 151--54

---spent of allowances paid to a minor ward on his maintenance---33

---allowances to unmarried mothers-38, 45, 78,152--53

---retention of right to allowances after adoption---44, 147, 150

---maternity allowances---64, 73,149,150,160

---allowances for caring for a sick child-64, 65,157--59

---allowances for families of conscripts to military service--- 75,154

---allowances to persons disabled from birth---155

---child allowances to low-- income families---154--56

---material assistance to pupils and students-105, 112, 116, 121

---lump sum allowances to inmates of boarding schools and children's homes---135--36

---allowances to women adopting new-born babies---160

Amnesty

---in connection with the International Year of the Child--- 102--03

B

Birth

---allowances on the birth of a child- 19 59, 70

---acquisition of citizenship by birth- 20

---civil legal capacity arising from birth---24

---establishment of paternity where a child is bom out of wedlock-40,46

---registration of parents in birth registers-40, 47

---rights and duties of children born of people not in 180 wedlock, when paternity is established-47

---change in place and date of birth of adopted child---56

---development of the network of maternity homes---64

---medical care for births in hospital^64

---maternity leave---72

---leave to women adopting new-born babies straight from a nursing home---73

---allowances to mothers of large families on the birth of the third and each subsequent child-151

---allowances to unmarried mothers if the birth certificate of the child does not bear the name of the father-152--53

---granting of medical certificates and payment of allowances to women adopting newborn babies straight from a nursing home---160

see also Father Health protection; Mother; Parents

Brothers and sisters

---compensation for harm and allocation of pensions to the deceased's spouse or parent engaged in looking after the deceased's brothers and sisters--- 30--31

---duties of brothers and sisters to support their brothers and sisters who have not attained their majority-^42, 53

---deferment of call-up to military service where there are dependent brothers and sisters--- 75

---prohibition on separating brothers and sisters when placing them in infants' or children's homes or when they are adopted-132, 136

---pre-school sections of boarding schools for inmates' relatives---132

Care

---leave and allowances- for caring for a sick child---64, 157--59

---state assistance to citizens for looking after children---65

---pensions for loss of the breadwinner to one of the parents or a spouse engaged in looking after the children, brothers, sisters or grandchildren of the deceased who are up to the age of eight---146

Children

---task of securing a happy childhood for every child---37, 38

---legal protection, material and moral support for mothers and children-18, 67, 79

---gradual reduction of working time for mothers with small children-18

---prohibition of child labour-19

---duties of citizens of the USSR to concern themselves with the upbringing of children-20

---rights of the posthumous child of the deceased to receive reparation for the injury and inheritance---25, 30

---legal representatives of children-35

---protection of child's interests-38, 48--51

---joint resolution by spouses of questions concerning the upbringing of children---39

---grounds for the origination of the rights and duties of parents and children-39, 40, 46

---duties of parents to protect the rights and interests of children-40^11,48

---resolution of disagreements on the upbringing of children-45--46

---surname, first name and 181 patronymic of the child---47, 55--56

---place of residence of the children when the parents live separately---48

---participation of the parent living separately in the upbringing of children---49

---deferment of call-up to military service to persons with dependent children---75

---holidays for parents and children at health resorts and tourist establishments of trade unions-81--82

---criminal responsibility for the abduction and substitution ofachild-100--01

---equipment of playgrounds for pre-school children---117

see also Age; Allowances; Amnesty; Citizenship; Harm; Health protection; Inheritance; Maintenance, Minors; Pensions; Privileges; Public education; Removal of a child; Upbringing

Children's homes

---protection of the property right of inmates of children's homes-34, 135

-tasks of-109,135--36 ---procedure for the admission of children and adolescents to children's homes---131-- 32,136--138

---rights of inmates of---137 see also Public education; Upbringing

Citizens

---equality of citizens before thelaw-17--18,20

---enjoyment in full of all rights-18,20

---right to work---18

---right to health protection--- 18--19

---right to maintenance---19

---right to education---19

---duties to care for their children---20

see also Citizenship

Citizenship

---grounds for acquiring of---20

---citizenship of children at birth-20--21

---citizenship of children in the event of a change in the citizenship of parents and in case of adoption---22, 23

---citizenship of children in case of deprivation of parents' citizenship---22

---restoration of citizenship--- 22

---care for the disabled---19

---reduction in the amount of maintenance in case where the parent is disabled---42

---child-care institutions for children with physical or mental handicaps-65, 83,164

---deferment of call-up to military service to persons with dependent disabled members of the family-75

---increase in grants for deafand-dumb and blind students of secondary specialised educational establishments---143

---allowances to persons disabled from birth-155

---dispensary service for children requiring prosthetic appliances-161

see also Pensions; Privileges

of family circumstances---75

---family holidays at health resorts and tourist establishments of trade unions---81--82

---co-operation between the family and pre-school child-care institutions---106

---children and adolescents belonging to one family must be placed in the same children's home---136

---right of members of the families of factory and office workers, servicemen, collective fanners and other citizens to pensions for loss of the breadwinner---146--50

---child allowances to low-- income families---154--56

---allowances for caring for a sick family member---157--59

see also Children; Father; Mother; Parents; Privileges

D

Death

---termination of legal capacity on death---24

---reparation for harm in case ofdeath-25,30

---retention of legal rights of adoptee with relatives of the deceased parent---56

---pensions for loss of the breadwinner---146--49

---termination of payment of allowances to low-income family on the death of a member of the family---156

Deposits

---management of sums deposited in savings bank on behalf of minors---32--34

---depositing of the ward's money and securities in savings bank---33

---limitations on the right of access to the deposits of minor- 33

Disability

---disability pensions and supplements to them---19, 145--46, 149

---providing employment for the partially disabled---19

182

Education---see Public education

Extramural establishments ---goals of setting up of---110 ---House of Young Pioneers---138

---Young Pioneer and other camps for schoolchildren---139

Father

---joint statement of father and mother who are not in wedlock on the origins of child--- 40,46

---legal establishment of paternity-^10, 46

---registration of father in birth register ^40, 47

---equality of rights of father and mother in relation to their children---40

---retention by a child adopted only by a woman of his rights and duties to his father--- 43

---rights and duties of children when paternity is established-47

---assumption of father's surname to a child---47

---assumption of a patronymic according to the father's name or the name of person registered as the father---47

---granting of allowance to an

Family

---legal, state and public assistance to-19--20, 38, 64, 67--71

---rights and duties of the members of the tenant's family-29--30

---tasks of Soviet legislation on marriage and the family--- 38

---joint resolution by spouses of questions of family life---39

---concern for the families of conscripts to military service--- 74--75

---deferment of call-up to military service as a consequence

183 unmarried mother in the absence of father's name in the birth certificate---152--53

---lack of the right of an unmarried mother to allowance when paternity is established--- 152--53

see also Family; Parents

Feeding

---activities and development in the USSR of the state public catering system---17

---improvement of public catcring-19

---nursing breaks---64

---free provision of baby foods to children up to the age of 1-75--76

---improvement of the organisation of food catering for children at health resorts and tourist establishments of trade unions---81

---allocation of produce for public catering by a collective farm---76

---payment for school meals for children in extended-day schools (groups) and exemption fromit-78, 79, 123

---establishment of mandatory demands concerning the production, .sale and consumption of foodstuffs for children-79

---provision of pre-school child-care institutions with foodstuffs-118

---provision of two hot meals a day for pupils of extendedday schools---123

---inclusion of former inmates of boarding schools and children's homes on the catering list-135,137--38

by grandchildren.and great-- grandchildren-25

---compensation for harm and allocation of pensions to the deceased's spouse or parent engaged in looking after the deceased's grandchildren---30, 145-- 46

---right of access of the grandmother and grandfather to grandchildren---49

---duties of grandfather and grandmother to support their grandchildren---5 3

---retention, at the request of grandfather and grandmother, of rights and duties of adopted child towards relatives---56

---grandchildren's pensions for loss of breadwinner---146, 149

Grandfather---see Grandchildren Grandmother---see Grandchildren

Guardianship---see Trusteeship and guardianship

of health establishments and child-care institutions and sports facilities-18--19, 38, 64, 65,

---special care for the health of the rising generation-19, 64

---development and improvement of safety and hygiene in industry---19

---carrying out broad prophylactic measures---19

---measures to improve the environment---19

---compulsory medical examinations for workers at treatment, preventive medicine and child-care institutions---63

---guarantees of health protection for mother and child---64

---provision of medical aid to pregnant women, new-bom babies, and adolescents---64

---supervision over the protection of children's and adolescents' health-65,80,129--30

---state assistance to citizens for looking after children---65--66

---supervision over the labour and industrial training and working conditions of adolescents--- 66

---labour protection for women-71--74

---concern for consolidating the health and physical education of members of collective farm and their families---77

---organisation of the work of health establishments---78--79

---competence of the Ministry of Public Health and the Ministry of Education of the USSR in respect to health protection---80

---protection of children's health in child-care institutions--- 106--07,118

---extramural establishments for protection of children's health and their summer recreation -110--11, 134

---limitations on the amount of homework for schoolchildren---120, 128

---free use of sports centres, sports facilities and other equipment of educational establishments by pupils and students--- 112

---medical care in educational establishmcnts-112, 120, 121

---thorough medical checks on pupils in classes IX-X (XI) in order to determine their suitability for their chosen trade--- 122

---maximum study load for pupils---128

---sanatorium-type Young Pioneer camps---140

---provision of prosthetic appliances for children---161

---medical care in children's boarding homes---162--64

see also Allowances; Feeding; Illness; Motherhood; Upbringing

Housing---see Place of residence

H

I

Harm

---right of dependents to receive reparation for harm in case of the death of the breadwinner-25, 30--31

---responsibility for harm inflicted by a minor under the age of 15--29-30

----between the ages of 15

and 18--30

---reimbursement for loss entailed by damage to the health of a person under the age of 15--31

Health protection

---mass sport, physical culture and tourism-17, 66, 77,81--82

---right to health protection--- 18--19

---extension of the network 184

Illness

---extension of the network of therapeutic and health-bringing institutions---18--19

---development of research to prevent and reduce the incidence of disease---19

---right to maintenance in sickness---19

---responsibility of parents for expenditure in case of a child's illness-42

---consent to surgical operations and complex methods of diagnosis---63

---caring for a sick child---64, 65,157--59

---free maintenance of tubercular children in sanatoriumtype child-care institutions---76

---sanatorium-type schools--- 76,109,121

Grandchildren

---inheritance under the law

185

---lessons with sick schoolchildren-110,130--31

---schools for children with developmental handicaps---110, 120

---extension of time spent in boarding schools and children's homes by inmates with chronic illnesses-135,137

---sanatorium-type Young Pioneer camps---140

see also Allowances; Disability; Harm

Inheritance

---under the law and by will--- 25

---management of the inherited property of minors---32--34

---provision of jobs for young people-77, 79

---labour protection for women and adolescents---79

---responsibility of a minor to reimburse, with his own labour, the material loss engendered-99

---privileges for collective farm members combining work in'the collective farm with study---77

---socially useful labour of pupils in general secondary schools-108,121,127,128

---provision of jobs to persons graduated from vocational and technical secondary specialised and higher educational establishments---113

---interschool study and production combines for the vocational instruction and careers guidance---122

---improvement of vocational instruction and careers guidance forpupils-127--28

---working time of factory and office workers and collective farmers from 16 to 18 and from 15 to 16 years of age---165, 180

---work prohibited for persons under 18--166, 178--79

---payment of factory and office workers under 18---166

---prohibition of night and overtime work for factory and office workers under 18---167

---restrictions on the dismissal of factory and office workers under 18--167-68

---privileges for factory and office workers combining work with study-168--69,171--77

---maximum weights permitted for adolescents to carry and move---178--79

---labour privileges for adolescent members of collective farms---180

see also Health protection; Public education; Upbringing

186 M

Maintenance

---expenditure of maintenance by the guardian (trustee) on supporting the ward---33

---duties of spouses with respect to mutual maintenance---39

---duties of parents to maintain their children-41, 42, 50

-duties of other family members in respect^to maintenance payments-42, 53

---amount of maintenance---42, 46,52

---responsibility of parents for additional expenditure---42, 51

---procedure for payment or exaction of maintenance---50, 52

---resolution of disagreements on the maintenance of children---45--46

---duties of actual upbringers to maintain those they are bringing up---53--54

---criminal responsibility for malicious avoidance of paying maintenance---100

Minors

---limited legal capability of--- 26--28,31

---protection of the interests of-34--36

---civil procedural legal capacity of-35

---features of participation of minors in civil procedure---35--36 ---arrangements for minors left without parental care---50-- 51, 57, 83--85, 90, 91, 131-- 32,135--37

---prevention of neglect of--- 83--93

---criminal responsibility of--- 85--87, 89, 93--98

---mandatory presence of defence counsel in preliminary investigation and court proceedings in cases of minors---98

---application of compulsory educational measures to---99

---criminal responsibility for involving of minors in criminal activity---101--02

---labour rights and privileges for adolescents-165--79 see also Age; Children

Mother

---protection of the interests of mother and child---38, 40, 48--52, 67, 68, 70

---privileges for working mothers---38

---state allowances for unmarried mothers and mothers of large families-38,151--53

---registration of mother in birth registers--40, 47

---joint statement by father and mother who are not in wedlock on child's origins--- 40,46

---equality of rights and duties of father and mother in relation to their children---40

---retention by a child adopted only by a man of his rights and duties to his mother---43

---assumption of mother's surname to a child---47

---release from work for a mother or other members of the family caring for a sick child-65

---mother's stay with her child in the hospital-66,158,159

---right of unmarried mother to place her child in a childcare institution at state expense-45

---mother and child rooms---81 ---additional unpaid leave for mothers with children under one yearof age-73

---deferment of call-up on military service to persons having dependent mother with two or more children under the age of 8-75

---admission to general boarding schools and children's homes for children of unmarried mothers-131, 132,136--37

Labour

---labour training of young people-17,104--11,136,142

---equal labour rights of women and men---18

---providing conditions enabling mothers to work---18, 67-- 71

---right of citizens of the USSR to work-18

---prohibition of child labour not connected with instruction and labour training---18

---development of the systems of vocational guidance and job placement---18

---duties of citizens of the USSR to train children for socially useful work-20, 38

---right of the victim to increased compensation for harm suffered after starting work---31

---supervision over the labour and industrial training and working conditions of adolescents--- 66,122,129

---labour of women---71--74

---provision of jobs for the wives of conscripts to military service---75

187

---right of children to a pension on the death of a father or a mother even if the other parent is working---146

---determination of the size of pensions to children of deceased, unmarried mother---146, 150

---granting of child allowances to low-income families at the place of work or study of the mother---155--56

---temporary disability allowances paid to unmarried mothers for looking after a sick child--- 158,159

see also Family; Health protection; Motherhood; Parehts

Motherhood

---protection and encouragement of-18--20, 37, 38, 63-- 64

---right of a wife during pregnancy and after the child's birth to receive maintenance from a husband---39

---prohibition to apply for dissolution of marriage during pregnancy of a wife and after the child's birth-39

---right of a woman to decide the question of motherhood herself-64

---prohibition of and restrictions on night and overtime work and on travelling on assignments for mothers-71--72

---transfer to easier jobs---72

---maternity leave---72

---nursing breaks---73--74

---trips to sanatoria and holiday homes for pregnant women and material assistance to them--- 74

---prohibition of death sentence to pregnant women---94

-exile is not applied to pregnant women and women with children under the age of 8---95

---pregnancy is a mitigating circumstance in criminal respon-

sibility-95

see also Amnesty; Health protection; Mother; Women

N

Nursing-see Feeding P

Parents

---as legal representatives of children---35

---responsibility of parents for harm inflicted by children--- 29--30

---management of sums deposited on behalf of children by their parents---32

---grounds for the origination of rights and duties of parents and children-39--40, 46

---registration of parents in birth registers---40

---rights and duties of parents-40--41,47--52,113--14

-deprivation of parental rights-41^2, 50, 58

---restoration of parental rights-41--42, 51

---protection of parental rights-49--50

---consent of parents to adoption of a child---54

---adoption without parental consent---54--55

---registration of adopters as parents---56

---performance of surgical operations and application of complex methods of diagnosis to sick children with the consent of their parents---63

---admission of children to preschool child-care institutions and general boarding schools at the wish of their parents---133

---assistance to parents in reeducation of juvenile delinquents---87

see also Family; Father; Maintenance; Mother; Privileges

188

Pensions

-right of citizens of the USSR to maintenance---19

---disability pensions and supplements to them-19, 145--46, 149

---pensions for loss of the breadwinner---19, 146--50

---spent of a pension paid to a ward by trustee (guardian) --- 33

---retention of right to pension for loss of the breadwinner after adoption---44

Place of residence

---equality of citizens of the USSR before the law irrespective of---18

---of minors---27

---renting of housing---28

---retentiqn by persons temporarily absent of the right to use premises---29

---provision of housing for children at the end of their stay in the state child-care institutions- 29

---limitation of rights of trustee (guardian) to dispose of housing belonging to the ward---33--34

---place of residence of the children when the parents live separately---48

---possibility of eviction of a parent deprived of his parental rights-50

---duties of trustees and guardians to reside together with the wards---59

---organisation of work with children and adolescents by place of residence---84

---placement of children in preschool child-care institutions and general schools according to their place of residence---113

---location of pre-school childcare institutions closer to the children's place of residence---69, 116

Pre-school child-care institutions -development of the network of-19--20, 38, 62, 64, 67 106,107,116--19

---supervision over the health of children in---80

---goals of setting up of-106 -organisation of-107, 118 ---pedagogical guidance of; medical service in-107

---creation of combined ( creches-cum-kindergartens) preschool child-care institutions--- 116

-payment by parents for the maintenance of children in--- 69,118--19

see also Privileges; Public education; Upbringing

Privileges

---free vocational and professional training---18

---free qualified medical care--- 18

---free provision of all forms of education-19, 105, 142

---free issue of school textbooks-19, 78, 126

---privileges for pupils and students-19, 112--13

----for large families-20, 75-- 76

----for inmarried mothers and their families---45, 131, 136 147,158,159,163

----for conscripts to military service and their families---75

---for low-income families--- 75--76,131,140

---free travel for a child up to the age of 5---81

---free and subsidised accommodation vouchers for family holidays of factory and office workers---82

---exemption from payment for school meals-78, 79, 123, 125

-free travel for rural pupils to and from school---109, 124

189

---prohibition on the expulsion of children from preschool child-care institutions under the jurisdiction of a particular enterprise (establishment) in connection with the parents' transfer to another job---115

---collective farms' responsibility for expenditure on maintaining the children in childcare institutions---125

---provision of privileged conditions for trips to Young Pioneer camps---125, 140

---maintenance, at full state expense, in boarding schools of children in the regions of the Far North-124

---priority admission to boarding schools of children in need of public education---131

---exemption of parents from payment for the maintenance of children in boarding schools--- 134

---admission hors concours to secondary vocational and technical schools and secondary specialised educational establishments of inmates of boarding schools left without parental care---135

---privileges for individual categories of students in vocational and technical schools---143

----for children of disabled veterans of the Great Patriotic War-140,141,163

----for factory and office workers combining work and study-168,171--77

See also Allowances; Health protection; Labour; Support

Public education

---universal, compulsory secondary education for young people-19, 78

---creation of conditions ensuring a high standard of education and upbringing---19--20

---specialised secondary education-112,142--43

---uniform system of public education---17, 105

-right of citizens of the USSR to education---19

---free education of all forms--- 19,105,142

---vocational training---19, 111--12

---rights and duties of pupils and students-19, 105, 112-- 14, 121, 123, 125--28, 141-- 43, 168--77

---collective farmers sent to study-7 7

---privileges for collective farmers, factory and office workers combining work and study---77, 171--77

---responsibility for the state and further development of the system of public education---80

---purpose of public education-104

---basic principles of---105

---pre-school upbringing---106-- 07

---secondary education---107-- 10

---extramural education---110, 138,139

---rights and duties of parents and persons acting in loco parentis in the upbringing and education of children---113-- 14

---right of aliens and stateless persons to education in the USSR-114--15

see also Children V homes; Extramural establishments; Preschool child-care institutions; Schools; Upbringing

R

Removal of children

---rights of parents to demand the return of children from person who has detained them without legal permission---41, 51

---transfer of a child to the care of trusteeship and 190 guardianship agencies where both parents are deprived of parental rights-41, 50

---removal of a child without the parents being deprived of parental rights---41, 51

---meetings between parents deprived of parental rights and their children-50--51

---decision concerning the return of a child to his parents--- 51

---implementation of the decisions of courts on the handing over or removal of children--- 51--52

---rights of trustees and guardians to demand the return of children from persons who have detained them illegally---60

---criminal responsibility for abduction or substitution of achild-100--01

---upbringing in child-care institutions of children whose parents have been deprived of parental rights and when there is a decision on removal of children -109, 131--34, 136

Rest

---development of family holidays at health resorts and tourist establishments of trade unions---81--82

---organisation of leisure time of pupils by extramural establishments-110--11,139

---organisation of sleep and rest in extended-day groups and schools and in preparatory classes-121,123:24, 129--30

---organisation of leisure time of schoolchildren-70,129

---rest of boarding school inmates-134

see also Extramural establishments; Health protection

S Schools

---opportunity to attend a school where teaching is in the native language---19, 108

---special general schools and boarding schools-91--92, 109--10 ---discovery and placement of adolescents quitted schools---84

---supervision of minor's behaviour at school by a public educator---87--88

---general secondary schools--- 108,119--21

---extended-day schools and < groups-109, 123--24

---boarding schools---109--10, 131--32

---general secondary schools for young people engaged in production---110

---universal compulsory education fund in general schools--- 115,120

---interschool study and production combines for the vocational instruction and careers guidance of pupils---122

---transition to free use of textbooks by pupils in secondary general schools---126

---improvement of the instruction and upbringing of pupils in general schools and their training for work---126--29 see also Feeding; Health protection; Privileges; Public education; Upbringing

Stepfather---see Stepsons and stepdaughters

Stepmother---see Stepsons and stepdaughters

Stepsons and stepdaughters

---duties of stepfather and stepmother to maintain minor stepsons and stepdaughters---42, 53

---right of stepchildren to a pension for their stepfather and stepmother---149

---payment of allowance for a 191 large family to the father of the children irrespective of whether the children were adopted by second wife---152

T

Trusteeship and guardianship

---agencies of; their competence-33--34, 41, 48, 49, 50, 51,56--61,78

---management of the property of wards-32--34

---maintenance of the ward--- 33

---trustees (guardians) as legal representatives of wards---35

---goals of---44

---persons over whom trusteeship and guardianship is instituted---57

---trusteeship and guardianship over minors whose parents refuse to bring them up--- 58

----over persons brought up or cared for by state institutions or public organisations---58

---rights and duties of trustees and guardians---58--60, 63

----supervision of the activities of---61

----removal from fulfilment of duties of---61

---termination of---61

---criminal responsibility for abuse of guardianship duties--- 100

---admission of children with trustees and guardians to general boarding schools---131

---maintenance of inmates under trusteeship (guardianship) in general boarding schools---134

U Upbringing

---family's concern for the upbringing of children-38, 49

---combination of family and social education---38, 67, 68 70,105,135--36

---social upbringing---20, 38,

__COLUMN2__

45, 58, 65, 66, 80, 83, 89-- 92, 105--07, 109--12, 114--22, 126--29, 131--38, 142,162

---labour upbringing---40, 78, 91, 92, 106, 108, 110--12, 122,126--29,138

-moral upbringing-40, 91, 105,111,113,138,142

---physical training---41, 65, 66, 77, 91, 111, 113, 129, 142

---aesthetic upbringing---91, 105,111,112,119,129

---duties of parents in bringing up their children---40, 43, 45,49,113,135--36

---state assistance to family in bringing up children---37, 77, 87, 88, 105--06, 109, 115, 117,123,128--29,133

---fostering of a sense of responsibility to the family---38

---hygienic upbringing---65, 79

---public educators of minors- 84, 87--88, 89--91

---legal education---91

---children of a husband brought up by a mother of a large family in granting of allowances to her---151--52 see also Children's homes; Minors; Pre-school child-care institutions; Public education; Schools; Trusteeship and guardianship

W Women

---equal rights of men and women---18, 40, 48,105

---special labour and health protection measures for---18, 38, 63--64,71--77,157--60

---gradual reduction of working time for women with small children---18

---marriage is based on the free consent of the woman and the man---19

see also Amnesty; Health protection; Mother; Motherhood; Privileges

[192] __ALPHA_LVL0__ The End. [END] ~ [193]