The district prosecutor’s office checked compliance with the legislation when providing cash payments to children aged 3 to 7 years.
It has been established that the applicant has been a resident of the city for a long time, has a dependent minor son, born in 2013, who is studying in one of the district’s schools.
In June 2020, the applicant, through the Unified Portal of State and Municipal Services, applied to the department of social benefits of the Dzerzhinsky District of Yaroslavl with a request to assign her a monthly cash payment for a child aged 3 to 7 years for her son.
Notification of the MCU “Center for Social Benefits of Yaroslavl” in the appointment of a monthly cash payment for the child was denied due to the child’s lack of registration at the place of residence in the Yaroslavl region.
During the audit, it was established that this decision was made in violation of the norms established by law. 20 of the Civil Code of the Russian Federation, the place of residence is the place where a citizen permanently or predominantly resides. The place of residence of children under 14 years old is the place of residence of their parents, no restrictions are established.
Due to the fact that children are minors, they cannot choose their place of residence at their own discretion, therefore, their place of permanent residence is the place of permanent residence of their parents. Clause 3 of the Decree of the Government of the Yaroslavl Region dated April 28, 2020 No. 388-p “On approval of the Procedure the appointment of a monthly cash payment for a child aged 3 to 7 years inclusive “it is established that one of the parents or other legal representative of the child who is a citizen of the Russian Federation, permanently or predominantly resides in the Yaroslavl Region, has the right to receive a monthly cash payment. The norms of clause 4 of the Procedure stipulate that the right to receive a monthly cash payment arises if the child is a citizen of the Russian Federation and permanently or predominantly resides in the Yaroslavl Region.
In connection with the violations identified, the district prosecutor’s office sent a statement of claim to the Kirovskiy District Court of Yaroslavl to establish the fact of permanent residence of the applicant and her son on the territory of Yaroslavl and to assign a monthly cash payment from three to seven years, inclusive, for the child.