Appeal decided positively
In cases established by civil law, parents (legal representatives) must obtain permission from the tutorship and guardianship authorities in order to exercise their responsibilities in the administration of property. These restrictions are a direct guarantee of respect for the rights of the child.
At the same time, the tutorship and guardianship agency may not arbitrarily prohibit transactions for the alienation of the property of minor children carried out by their parents.
I received an appeal from a citizen Z., in which it was reported that in order to obtain permission to withdraw funds from the account of a minor son to buy a laptop, she applied to the tutorship and guardianship authorities. At the same time, following the examination of the application of the citizen Z. by the tutorship and guardianship agency, it was refused to issue a prior authorization to withdraw funds for the said purchase.
We organized a review of the complainant’s arguments. After examining all the circumstances of the case, we could not agree with the decision.
The main criterion is that the terms of the transaction in any way do not diminish the property rights and legitimate interests of the minor, and the actions should be aimed at creating the most favourable living conditions for the child.
At the same time, the decision of the tutorship and guardianship agency did not contain a legal basis for the contradiction between the purchase of a laptop and the periphery of the interests of a minor child.
The refusal to issue a permit for the transaction was not motivated.
In order to protect the rights of the child, we have sent recommendations to the head of the municipality on the repeal of the decision of the tutorship and guardianship authority and on the need to re-examine the application of the citizen Z. on the merits, with a reasoned decision.
At present, our recommendations have been implemented, and a positive decision has been taken on the application of citizen Z.