Duties of children in the family

Resolution of the Government of the Russian Federation of May 19, 2009 N 432"About the temporary transfer of children in organizations for orphans and children left without parental care to families of citizens permanently residing in the territory of the Russian Federation"

With changes and additions from:

May 12, 2012, February 14, July 2, 2013, February 10, 2014, December 30, 2017, December 19, 2018

In accordance with Article

1. To approve the annexed Rules for the temporary transfer of children in organizations for orphans and children left without parental care to families of citizens permanently residing in the territory of the Russian Federation.

2. The Ministry of Education and Science of the Russian Federation, in a month’s time, develops a form of an application for issuing a custody and guardianship authority’s conclusion on the possibility of temporary transfer of a child (children) to a family, a form of an act of examining a citizen’s living conditions, a form of a conclusion of a guardianship authority on a possible transfer (children) in the family and the form of the logbook of the temporary transfer of children to the families of citizens.

Chairman of the Government of the Russian Federation

Right-time transfer of children in organizations for orphans and children left without parental care to families of citizens permanently residing in the Russian Federation (approved by the Government of the Russian Federation on May 19, 2009 N 432)

With changes and additions from:

May 12, 2012, February 14, July 2, 2013, February 10, 2014, December 30, 2017, December 19, 2018

1. These Rules determine the procedure and conditions for the temporary transfer of children in organizations for orphans and children left without parental care (hereinafter referred to as children) to families of adult citizens permanently residing in the Russian Federation (hereinafter referred to as citizens), and also requirements for citizens.

2. Organizations for orphans and children left without parental care are entitled to temporary transfer of children to families of citizens (for holidays, weekends or non-working holidays, and in other cases). Temporary transfer of children to families of citizens is not a form of placement of a child in a family and is carried out in the interests of children in order to ensure their upbringing and harmonious development.

3. The temporary transfer of children to families of citizens does not stop the rights and responsibilities of the organization for orphans and children left without parental care for the maintenance, upbringing and education of children, as well as the protection of their rights and legitimate interests.

Information on changes:

Resolution No. 93 of the Government of the Russian Federation of February 10, 2014 amended paragraph 4

4. The period of temporary stay of a child (children) in a citizen’s family may not exceed 3 months.

If there are documented exceptional circumstances (going on vacation within the territory of the Russian Federation, holidays, undergoing treatment, and other cases), the period of temporary stay of a child (children) in a citizen’s family may be increased with the written consent of the guardianship and custody authority at the location of the organization for orphans and children left without parental care, if such an extension does not violate the rights and legitimate interests of the child (children). At the same time, the continuous period of temporary stay of a child (children) in a citizen’s family may not exceed 6 months.

The duration, periods and specific dates (during the year) of the child’s (children’s) stay in the citizen’s family are determined by the organization for orphans and children left without parental care, in consultation with the citizen, taking into account the continuity of the learning, treatment or rehabilitation processes (social, medical, psychological, pedagogical) child (children).

5. The age at which temporary transfer of a child (children) to families of citizens is possible is determined by the organization for orphans and children left without parental care, based on the interests and needs of the particular child (children).

When choosing a citizen’s family for a particular child, determining the length of periods and periods for his stay in the family, the wishes of the child are taken into account.

Identification of the child’s wishes in the form of a written survey is carried out taking into account the age and development of the child by an employee of the organization for orphans and children left without parental care (educator, social pedagogue, psychologist), in an environment that excludes the influence of interested persons on the child. The result of the survey is recorded by the specified employee and stored in the personal file of the child.

The wishes of the child, who knows how to write, can be written by him personally.

Consideration of the wishes of a child who has reached 10 years old is obligatory, unless it is contrary to his interests.

6. Children who are brothers and sisters who are in the same organization for orphans and children left without parental care are temporarily transferred to the family of a citizen together, except in cases where this is not possible due to medical indications or at the request of the children themselves.

Information on changes:

Point 7 is changed from January 17, 2018 – Resolution of the Government of the Russian Federation of December 30, 2017 N 1716

7. Provision of food or monetary compensation for their purchase of children in organizations for orphans and children left without parental care (except for federal organizations for orphans and children left without parental care), with temporary transfer to families of citizens carried out in accordance with regulatory legal acts of the constituent entities of the Russian Federation.

Providing food or monetary compensation for their purchase of children in federal organizations for orphans and children left without parental care, with a temporary transfer to families of citizens is carried out in accordance with the Rules of providing free food and a free set of clothes at the expense of the federal budget. , footwear and soft inventory of children in organizations for orphans and children left without parental care, as well as orphans and children left without care persons from among orphans and children left without parental care, persons who lost both parents or a single parent during the period of study, who study full-time for basic professional educational programs at the expense of the federal budget, approved by the Government of the Russian Federation on September 18, 2017 N 1117 "On approval of norms and Rules of providing free of charge food, free set of clothes, shoes and soft inventory of children in organizations for orphans and children left without parental care, as well as orphans and children left without federal care at the expense of the federal budget. parents, persons from among orphans and children left without parental care, persons who have lost both parents or a single parent during the period of study, who study full-time education in basic vocational education m programs at the expense of the federal budget, as well as the rules and regulations for providing graduates of organizations for orphans and children left without parental care, special educational institutions of open and closed, in which they were educated and raised at the expense of the federal budget, graduates of educational organizations, full-time students of basic professional educational programs at the expense of the federal budget – orphans and children left without parental care, orphans and children left without parental care, those who lost both parents or a single parent during the period of education at the expense of the organizations in which they were educated and brought up, with a free set of clothes and shoes , soft inventory and equipment".

8. Organizations for orphans and children left without parental care, in order to temporarily transfer children to families of citizens are entitled to:

apply for information about citizens who have expressed a desire to become guardians or trustees, to the guardianship and custody authority that keeps records of such citizens;

inform these citizens about the possibility of the temporary transfer of children to their families.

9. Temporary transfer of children is carried out to the families of adult citizens permanently residing in the territory of the Russian Federation, with the exception of:

a) persons recognized by the court as incapable or partially capable;

b) persons deprived by the court of parental rights or limited in parental rights;

c) former adoptive parents, if the adoption is canceled by the court through their fault;

d) persons discharged of duties as a guardian (curator) for improper fulfillment of the duties assigned to him by law;

Information on changes:

Decree of the Government of the Russian Federation dated February 14, 2013 N 118 "d" changes made

e) persons who have or had a criminal record, were subject to or were subject to criminal prosecution (except for persons whose criminal prosecution was terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of the person (except for unlawful placement in a psychiatric hospital , slander and insults), sexual integrity and sexual freedom of the individual, against the family and minors, public health and public morality, against the public without dangers, as well as persons who have a conviction that has not been canceled or outstanding for serious or especially serious crimes;

According to Article 127 of the Family Code of the Russian Federation (as amended by Federal Law of April 20, 2015 N 101-FZ), persons who had a criminal record or were prosecuted for crimes against life and health, against the liberty, honor and dignity of an individual (with the exception of illegal hospitalization in medical organization providing psychiatric care in inpatient conditions, and slander), against the family and minors, against public health and public morality, against public safety, relating to crime small or moderately severe, cannot be adoptive parents if the court finds such persons to be a danger to the life, health and morals of the child to be adopted

Duties of children in the family

e) persons with infectious diseases in the open form or mental diseases, patients with drug addiction, substance abuse, alcoholism;

g) persons who have no permanent place of residence in the territory of the Russian Federation.

Information on changes:

Point 10 is changed from December 29, 2018 – Resolution of the Government of Russia of December 19, 2018 N 1586

10. A citizen who wishes to receive an opinion of the guardianship and custody body on the possibility of temporary transfer of a child (children) to his family, submits to the guardianship and custody body at the place of his residence or stay an application in the form approved by the Ministry of Education of the Russian Federation, and attaches the following documents:

a copy of the passport or other identity document;

certificate of medical and preventive medical organization about the absence of a citizen of the diseases specified in subparagraph "e" paragraph 9 of this Regulation, or the conclusion of the results of medical examination of citizens intending to adopt (adopt), take custody (guardianship) in the foster or foster family of orphans and children left without parental care), issued in the manner prescribed by the Ministry of Health Russian Federation.

The documents specified in paragraph three of this clause are valid for 6 months from the date of issue.

Information on changes:

Point 11 is changed from January 17, 2018 – Resolution of the Government of the Russian Federation of December 30, 2017 N 1716

Duties of children in the family

11. In addition to the documents stipulated by paragraph 10 of these Rules, a citizen has the right to submit other documents indicating that he has the necessary knowledge and skills in raising children, including educational documents and (or) qualifications, certificate of employment , a copy of the certificate of training for those who wish to bring up a child without parental care in their families in the Russian Federation.

An application with a request to give an opinion on the possibility of the temporary transfer of a child (children) to his family (hereinafter – the application) and the documents attached thereto, provided for by paragraph 10 of these Rules, may be submitted by a citizen to the guardianship and custody authority personally or using the federal state information system "Single portal of state and municipal services (functions)", regional portal of state and municipal services (functions) or the official site of the guardianship and custody authority in the information and telecommunication network "the Internet" or through officials of multifunctional centers providing state and municipal services, with whom the guardianship and trusteeship authority has concluded agreements on interaction.

In the case of a personal appeal to the guardianship and custody agency, the citizen, when submitting the application, must present a passport or other document proving his identity.

Within 2 working days from the date of filing the application, the guardianship and trusteeship body shall request from the relevant authorized bodies confirmation of information confirming the citizen’s lack of the circumstances specified in paragraphs three and four of paragraph 1 of article 146 of the Family Code of the Russian Federation.

An interdepartmental request is sent in the form of an electronic document using a single system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it.

The form and procedure for submitting a response to the request of the guardianship and trusteeship body to confirm the information provided for in paragraph four of this clause, as well as the form for the corresponding request of the guardianship and trusteeship body, shall be established by the Ministry of Internal Affairs of the Russian Federation. The answer on the confirmation of the specified information is sent to the guardianship and trusteeship body within 5 working days from the date of receipt of the relevant request.

If the information on the presence (absence) of a criminal record, indicated by citizens in the application, was confirmed more than a year ago, the guardianship and custody authority at the place of residence (residence) of the child (s) will again request confirmation from the relevant authorized bodies.

Information on changes:

Point 12 is changed from January 17, 2018 – Resolution of the Government of the Russian Federation of December 30, 2017 N 1716

12. The guardianship and trusteeship body within 10 working days from the date of confirmation by the relevant authorized bodies of the information specified in paragraph four of paragraph 11 of these Rules, on the basis of the specified information and documents attached by citizens to the application provided for in paragraph 10 of these Rules:

checks the submitted documents and establishes the absence of the circumstances specified in paragraph 9 of these Rules;

conducts a survey of the living conditions of a citizen and his family in order to assess the living and living conditions of a citizen and the relations that have developed between the family members of a citizen, and draws up an act of a survey of the living conditions of a citizen. In the case of submission of documents stipulated by paragraph 10 of this Regulation, using the federal state information system "Single portal of state and municipal services (functions)", regional portal of state and municipal services (functions), the official site of the guardianship and custody authority in the information and telecommunication network "the Internet" or through officials of multifunctional centers providing state and municipal services, with whom the guardianship and trusteeship agency has concluded liaison agreements, the citizen submits the originals of the specified documents to the employee of the guardianship and trusteeship body. The absence in the custody and guardianship office of the original documents provided for in paragraph 10 of this Regulation at the time of the conclusion on the possibility of the temporary transfer of the child (children) to the citizen’s family is grounds for refusing to issue a conclusion on the possibility of the temporary transfer of the child (children) to the citizen’s family;

draws up a conclusion on the possibility of the temporary transfer of a child (children) to the family of a citizen, which is valid for 2 years from the date of its signing, or a written denial of his extradition, indicating the reasons for refusal.

13. If during a survey of a citizen’s living conditions, circumstances have been identified that create or may threaten the child’s life and health, physical or moral development, or violate or may violate his rights and legally protected interests, the guardianship and trusteeship body may additionally request form from a citizen:

a) copies of documents confirming the right of use or the right of ownership of a citizen to a dwelling in which the child will be temporarily located;

Information on changes:

Decree of the Government of the Russian Federation dated July 2, 2013 N 558 in subparagraph "b" changes made

b) a certificate from a health care institution about the absence of infectious diseases in open form, coexisting with a citizen of his family, of mental disorders and behavioral disorders until dispensary observation is stopped. Instead of a certificate, family members of a citizen may submit a medical report on the form 164 / y-96 issued by a medical institution. These documents are accepted by the guardianship and trusteeship body within 6 months from the date of their issuance;

c) has become invalid since January 17, 2018 – Resolution of the Government of the Russian Federation of December 30, 2017 N 1716

Information on changes:

Information on changes:

Paragraph

An interdepartmental request is sent in the form of an electronic document using a single system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it.

The answer to the request of the guardianship and trusteeship body to confirm information about citizens registered at the place of residence of a citizen who wants to receive an opinion of the guardianship and custody body on the possibility of temporary transfer of a child (children) to his family is sent by the authorized body to the guardianship and trusteeship body for 5 workers days from the date of receipt of the request.

If the citizen did not submit copies of the documents specified in paragraph two of clause 10 and sub-clause "but" clause 13 of these Rules, the guardianship and trusteeship body shall make copies of these documents independently (if there are any originals of these documents submitted by the citizen).

14. If the residential premises at the citizen’s place of residence are not well-organized in relation to the conditions of the respective settlement or the child’s stay at the specified residential premises poses a threat to his health, physical and moral development, the guardianship and custody body at the citizen’s residence has the right to issue an opinion temporary transfer of a child (children) to a citizen without being in the specified dwelling. In this case, a citizen may:

to take the child (children) in the daytime in accordance with the daily routine of the organization for orphans and children left without parental care;

travel with your child (children) to rest (recuperation) with accommodation in the territory of sanatorium-resort treatment and recreation facilities, health and fitness, sports and other purposes with the presentation of a tourist voucher to the organization for orphans and children left without parental care ;

stay with the child (children) in a residential area that is not a citizen’s place of residence.

15. In the event that the dwelling in which the child (children) will temporarily be is not the place of residence of the citizen, the guardianship and custody body at the citizen’s place of residence shall be sent to the guardianship and custody body at the citizen’s place of residence or issues a request for registration to the citizen the act of surveying the living conditions of a citizen at the place of his stay.

16. The guardianship and trusteeship body at the place of residence of a citizen, on the basis of the request specified in paragraph 15 of these Rules, conducts a survey of the living conditions of the citizen and his family in order to assess the living and living conditions of the citizen, the relationship established between the family members of the citizen, and draws up an inspection report living conditions of a citizen at his place of stay.

17. The act of examining the living conditions of a citizen at the place of stay is drawn up in 3 copies, one of which is sent to the citizen no later than 3 days from the date of signing, the second is sent to the guardianship and custody authority that sent the request, or issued to the citizen for transfer to the guardianship authority and custody at the place of residence, the third is stored in the guardianship and custody at the place of stay of the citizen.

Information on changes:

Government Resolution No. 558 of July 2, 2013 Amended paragraph 18

18. The term of execution by the guardianship and custody body of the citizen’s residence of the possibility of temporary transfer of a child (children) to a citizen’s family, as set out in paragraph 12 of these Rules, may be extended until the guardianship and custody agency receives the documents specified in paragraphs 13 and 16 of these Rules but not more than 7 days.

Information on changes:

Decree of the Government of the Russian Federation dated July 2, 2013 N 558, paragraph 19 is set out in the new edition

19. The documents specified in paragraphs seven and eight of paragraph 12 and paragraph 14 of these Rules shall be drawn up in 2 copies, one of which shall be handed over to a citizen no later than 3 days from the date of their signing, and the second is kept in the guardianship and custody agency.

Repeated appeal of a citizen on the issue of issuance of the custody and guardianship of the possibility of the temporary transfer of a child (children) to the family of a citizen is allowed after the elimination of the reasons that were the basis for refusing to issue an opinion

The act of examining the living conditions of a citizen and a written refusal to issue an opinion of the guardianship authority regarding the possibility of the temporary transfer of a child (children) to a citizen’s family may be appealed in court.

Information on changes:

By Decree of the Government of the Russian Federation dated July 2, 2013 N 558 paragraph 20 is set out in the new edition

20. Together with the conclusion on the possibility of the temporary transfer of a child (children) to the family of a citizen (about refusing to issue an opinion), the applicant is returned the documents specified in paragraphs 10 and 13 of these Rules, and explains the procedure for appealing the relevant conclusion. Copies of these documents are stored in the guardianship authority.

21. A citizen who wants to temporarily take a child (children) into his family shall submit the following documents to the organization for orphans and children left without parental care:

a) an application for the temporary transfer of a child (children) to his family (in free form);

b) a copy of the passport or other document proving the identity (with the presentation of the original);

c) the conclusion of the guardianship and custody agency at the place of residence of the citizen about the possibility of the temporary transfer of the child (children) to the family of the citizen or the opinion of the citizen that the citizen can be an adopter, guardian or curator issued by this body in the prescribed manner;

d) the consent of adults, who live in common with a citizen, as well as minors who have reached the age of 10 years of his family members for the temporary transfer of a child (children) to a citizen’s family, expressed in writing.

22. Organization for orphans and children left without parental care, on the basis of documents submitted by a citizen in accordance with paragraph 21 of this Regulation:

a) register the application of the citizen;

Duties of children in the family

b) provides the citizen with information about children who may be temporarily transferred to his family, and assists in the selection of the child (s);

c) provides acquaintance and primary contact of the citizen with the child (children).

23. The decision on the temporary transfer of a child (children) to the family of a citizen is taken by the head of the organization for orphans and children left without parental care, taking into account the following circumstances:

a) the existence of kinship relations between a citizen, family members of a citizen and a child (relatives and parents who have been deprived of parental rights or restricted in parental rights live together or separately, whether the parents (parent) have the right to communicate with the child);

b) the established relationship between the child (children) and the citizen (members of his family);

c) previous experience of a citizen with a child (children) or experience of temporary placement in the family of a citizen of other children;

d) the ethnic origin of the child (s), belonging to a particular religion and culture, mother tongue, the ability to provide the child with continuity in education and upbringing.

24. Transfer of a child (children) to a citizen’s family is not allowed if:

this is contrary to the child’s desire, or may endanger the life and health of the child, his physical and moral development, or violates his rights and interests protected by law;

revealed facts of cohabitation with a citizen, in whose family a child (children) is temporarily transferred, parents of this child (children) deprived of parental rights or restricted in parental rights (except when parents whose parental rights are restricted by the court are allowed to contact the child ( children) in accordance with the legislation of the Russian Federation).

Information on changes:

Government Resolution No. 558 of July 2, 2013 Amended paragraph 25

25. The decision on the temporary transfer of a child (children) to the family of a citizen or about the refusal of such a transfer is made by the head of the organization for orphans and children left without parental care, within 7 days from the date on which the citizen submitted the documents specified in paragraph 21 of these Rules. taking into account the circumstances referred to in paragraphs 23 and 24 of this Regulation.

The decision on the temporary transfer of the child (children) to the family of a citizen is made in the form of an order of the head of the said organization, the original of which the citizen must be familiarized with against the painting.

The original order on the temporary transfer of a child (children) to a citizen’s family is kept in an organization for orphans and children left without parental care. Certified by the head of the organization for orphans and children left without parental care, copies of the order for the temporary transfer of the child (children) to the family of a citizen are included in the child’s personal business and sent to the guardianship and custody authority at the place of temporary stay of the child (children) in the citizen’s family .

The decision of the head of the organization for orphans and children left without parental care to refuse the temporary transfer of a child (children) to a citizen’s family, executed in writing indicating the reason for the refusal, is communicated to the citizen.

26. When a child is temporarily transferred to a family, a citizen is issued:

a) a copy of the order on the temporary transfer of a child (children) to a citizen’s family, certified by the head of the organization for orphans and children left without parental care;

b) a copy of the birth certificate of the child, certified in the manner prescribed by law, or a passport of a child who has reached the age of 14;

c) a copy of the policy of compulsory medical insurance of the child (children);

d) copies of other documents required by the child (children) during his temporary stay in the citizen’s family.

27. Original documents specified in subparagraphs. "b" – "g" paragraph 26 of this Regulation may be transferred to the citizen on the basis of his statement, which justifies the need to obtain them.

28. Organization for orphans and children left without parental care has the right to provide children and citizens, in whose families they are temporarily transferred, social, medical, psychological and (or) pedagogical support services.

29. Organization for orphans and children left without parental care, keeps a register of the temporary transfer of children to families of citizens.

30. A citizen, in whose family a child (children) is temporarily transferred, is not entitled to:

a) export the child (children) outside the territory of the Russian Federation;

b) leave the child (children) under the supervision of third parties (individuals and (or) legal entities), except for cases of placement of the child (children) in a medical organization to provide urgent medical care or to the relevant units of the internal affairs bodies.

31. A citizen, in whose family a child (children) is temporarily transferred, must:

a) be responsible for the life and health of the child (children) during his temporary stay in the family;

b) obtain the written consent of the organization for orphans and children left without parental care in the event of a change in the location of the child (s);

c) provide the child (children) with the opportunity to contact the head or staff of the organization for orphans and children left without parental care, and (or) the guardianship and custody agency at the location of the organization for orphans and children left without parental care, or at the place of temporary stay in the citizen’s family;

d) at the end of the established period of temporary transfer to the family, immediately return the child (children) to the organization for orphans and children left without parental care;

e) within 1 day inform the organization for orphans and children left without parental care about the occurrence of a situation that threatens the life and / or health of the child (children), as well as about the child’s (children’s) illness, injury to them, the placement of the child (children) in a medical organization for the provision of emergency medical care or in the relevant units of the internal affairs bodies.

32. A child (children) temporarily transferred to the family of a citizen may be returned to the organization for orphans and children left without parental care before the expiration of the period provided for by paragraph 4 of these Rules, at the request of the child (children) or citizen.

33. In the event of an immediate threat to the life or health of the child (children), the organization for orphans and children left without parental care, or the guardianship and custody agency at the place of temporary stay of the child (children) take measures to immediately remove the child (children) from family citizen and return it to the organization for orphans and children left without parental care.

Children left without parental care may be placed under supervision in educational and medical organizations, organizations providing social services, or non-profit organizations. Such organizations are entitled to temporary transfer of children to the families of citizens permanently residing in Russia. Approved rules for such a transfer.

Organizations have the right to transfer children to families for holidays, weekends or non-working holidays and in other cases. Temporary transfer is not a form of placement of the child in the family and does not end the organization’s rights and obligations with respect to such children.

The period of temporary stay of the child in the family may not exceed 1 month (in the presence of exceptional circumstances it may be extended).

When choosing a family for a particular child, determining the duration of periods and periods of his stay in the family, the child’s wish is taken into account (from 10 years – necessarily). Established requirements for citizens whose families can be temporarily transferred to children.

A list of documents submitted by a citizen to the body of guardianship and guardianship to obtain a conclusion about the possibility of the temporary transfer of the child. Within 15 days, the guardianship and custody body checks the documents and conducts a survey of the living conditions of the citizen and his family. In certain cases, an opinion may be issued on the possibility of the temporary transfer of a child to a citizen without being in a residential area (for example, it is allowed to pick up a child during the day or go with him to rest). After receiving the opinion, the citizen must apply to the organization with an application for the temporary transfer of the child. The duties of a citizen whose family has been temporarily assigned to a child are established. A child may be returned ahead of time to the organization at his request or at the request of the citizen to whom he has been transferred.

Resolution of the Government of the Russian Federation of May 19, 2009 N 432 "About the temporary transfer of children in organizations for orphans and children left without parental care to families of citizens permanently residing in the territory of the Russian Federation"

The text of the judgment is published in "Russian newspaper" of May 27, 2009 N 94, in the Collection of Legislation of the Russian Federation of May 25, 2009 N 21 Art. 2581

This document is amended by the following documents:

Resolution of the Government of the Russian Federation of December 19, 2018 N 1586

Changes take effect from December 29, 2018.

Resolution of the Government of the Russian Federation of December 30, 2017 N 1716

Changes take effect January 17, 2018

Government Decree of February 10, 2014 N 93

The changes come into force 7 days after the day of the official publication of the said decree.

Resolution of the Government of the Russian Federation of July 2, 2013 N 558

The changes come into force 7 days after the day of the official publication of the said decree.

Resolution of the Government of the Russian Federation of February 14, 2013 N 118

The changes come into force 7 days after the day of the official publication of the said decree.

Resolution of the Government of the Russian Federation of May 12, 2012 N 474

The changes come into force 7 days after the day of the official publication of the said decree.

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