Definition 1
The rights of minor children are the mandatory rights and freedoms that any minor child (a person under 18 years of age) has, regardless of gender, race, language, place of birth and residence, religious affiliation, social or national origin, class, property or other position.
The family legislation in force in Russia strictly protects the rights and interests of children.
Note 1
According to Article $54$ of the Family Code of the Russian Federation, a child is considered a person who has not reached the age of majority, that is $18$ years. Children's ability to acquire rights arises from the moment of their birth.
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In 1990, the Russian Federation joined the UN Convention on the Rights of the Child, and from that moment on, in domestic legislation, children became subjects, and not objects of law, as was previously established.
Picture 1.
Children's rights:
Article 54 - Live and be raised in a family . (means living together and receiving education and care from their parents)
Article 55 - Communicate with parents and other relatives (even when the latter live in other countries. If a child is arrested, detained and taken into custody, then communication with parents takes place according to the procedure established by law.
Article 56 - protect your interests . The rights of minors are protected by their parents (or the person/body that officially replaces them). At the same time, according to paragraph 2: “The child has the right to protection from abuse by parents.
Article 57 - to express his opinion in any family issue that affects his interests. Including court proceedings.
Responsibility for libel, as well as the possibility of being convicted for it, begins upon reaching the age of 16. Not earlier.
Article 58 - have a first name, last name and patronymic . Parental agreement is required. If disputes arise between spouses, this issue is resolved by the guardianship authority.
Article 59 - change your first and/or last name . The name is changed before the age of fourteen only at the joint request of the parents. It is permissible to change the surname only to the surname of the other parent.
Article 60 - to possess property . A minor child, according to the Family Code of the Russian Federation, has the right to receive maintenance from parents or other family members (this includes amounts due as benefits, alimony and other payments). Point 3 is interesting:
“The child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds.
The child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation. ”
Please note that having issued/gifted a life to the child prematurely. area, you risk losing the opportunity to improve your living conditions, because ... The bank will not accept real estate that belongs to a minor child as collateral .
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The basic rights of the child are formulated in the Family Code of the Russian Federation. The code is based on international law standards.
The right to live at the expense of parents.
Based on the Family Code of the Russian Federation, Art. 60, Art. 80, - parents are obliged to provide for their children.
Utilities for minor children are required to be paid by their parents. If debts for housing and communal services accumulated while the child was a minor, he is not obliged to pay them, since this is the responsibility and obligation of the parents. Adult children must pay for housing and communal services accrued only after they turn 18 years old.
If a minor child damages someone else's property or causes injury to someone, up to the age of 14 the parents will also have to compensate for the damage - at their own expense. The child is not obliged to return this money to them, even when he starts working.
Personal rights of children
1. The child’s right to a first name, patronymic and last name . The child's name is given by agreement of the parents. But if they cannot reach agreement on this issue, then the dispute is resolved by the guardianship and trusteeship body (exists under the education departments of local administrations). The patronymic is given to the child by the name of the father, and if the father is not identified, then by the direction of the mother. The child's surname is given by the surname of the parents. If the parents have different surnames, the surname is given by agreement between the parents. If a dispute arises, it is again resolved by the guardianship and trusteeship authority.
Family on a walk
2. The child’s right to know his parents and live with them . There is one exception here: if cohabitation is contrary to the interests of the child, then the guardianship authority can assign the child another place of residence (for example, an orphanage or a foster family). It is possible that parents suffering from alcoholism sincerely love and wish the best for their child, but due to their illness they are not able to actually create acceptable conditions for his upbringing.
3. The child’s right to care and education . Parents' care for their child should primarily concern their health. Education is designed to help a child get on his feet in life. Education is the transfer of social experience to the child, i.e., what has been achieved by humanity. Parents must:
a) physical education (explain to the child the importance of physical education, show by example how to improve health, if possible, assign the child to a sports section, group, etc.);
b) mental (intellectual) education (helping the child master the school curriculum, resolve specific life situations, etc.);
c) legal education (the child must clearly know what can be done and what the law punishes for);
d) moral education (to help the child establish relationships with peers, teach him to communicate with them, help others, and especially the younger and older, not to lie, not to violate the interests of others, etc.);
e) aesthetic education (if possible, help the child master the basics of art: music, art, dance, etc.);
f) ethical education (teach your child the generally accepted rules of communication between people).
In a word, raising a child is a whole range of actions by parents aimed at ensuring that the child fits organically into modern life and that communication with him is comfortable.
4. The child’s right to communicate with both parents, grandparents, brothers and sisters, and other relatives . Divorce between parents, their residence in different states, or separation from relatives do not affect the rights of the child.
5. The child’s right to express his opinion when deciding in the family any issue affecting his interests. Taking into account the opinion of a child over 10 years of age is mandatory, except in cases where this is contrary to his interests.
6. The child’s right to respect for his human dignity . This applies not only to adult children and adolescents, but to all children, regardless of age. A young child asking his parents for another toy must receive an explanation of why they cannot buy him this toy. Moreover, cruelty to children is prohibited.
7. The child’s right to protect his rights and legitimate interests . Parents are obliged to provide this protection, since they are the legal representatives of the child. Thus, if harm is caused to the child’s health, then the parents are obliged to file a statement to initiate a criminal case or, if the harm is of a property nature, to file a lawsuit. The new Family Code established the right of a child, regardless of age, to independently apply for protection of his interests to the guardianship and trusteeship authority, and upon reaching the age of 14 years, to the court.
Article 55. The child’s right to communicate with parents and other relatives
1. The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the parents' marriage, its recognition as invalid or the parents' separation do not affect the rights of the child.
If the parents live separately, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states.
2. A child in an extreme situation (detention, arrest, detention, being in a medical organization, etc.) has the right to communicate with his parents (persons replacing them) and other relatives in the manner prescribed by law.
Property rights of children and responsibilities of parents
Property rights may not be the most important in a child's life, but they form the basis of his personal rights.
Let's take a closer look at property rights.
1. The child’s right to personal property . The following property is considered the personal property of a child:
• received as a gift (for example, parents gave him a computer on their son’s birthday);
• inherited (for example, after the death of a grandfather, a good scientific library was left, and he bequeathed it to his grandson with the hope that he would continue his work);
• purchased with the child’s funds (for example, the child bought a VCR with money earned during the summer holidays);
• in the form of income received by the child from his own activities (salary, scholarship, income from business activities).
Who manages the child’s property in a family where the concepts of “yours” and “mine” are often so blurred? The existing rules in this regard are as follows:
a) property that a child, due to his age, can use independently, which does not have significant value, is in his possession, use and disposal (for example, a 7-year-old child has the right to exchange stickers for chewing gum and vice versa);
b) the property of a child under 14 years of age, which does not fall into this category, is managed by the parents (for example, the same 7-year-old child who was given a computer and who successfully plays various computer games on it cannot independently allow his friends to take it play home, since this complex thing may break, and parents will have to pay for repairs);
c) the property of children from 14 to 18 years old can be managed by the minor himself, but with the consent of the parents. For example, having earned money for a VCR, a minor must agree on the purchase of it with his parents.
2. The right of the child to receive maintenance from his parents . Child support is a complex concept and includes providing the child with food, clothing, purchasing toys, books, and other consumer goods. The obligation to support their minor children living with their parents also includes providing children with ownership and use of a residential building or apartment. household items and furnishings. However, this does not mean at all that parents are obliged, along with providing the child with the opportunity to use the property, to simultaneously bear additional responsibilities for maintaining this property in order. The child should share this burden with his parents (wash the dishes, the floor, etc.)
3. The right to alimony arises if parents do not support their children. How much money is needed to support a child can be determined by parents by agreement. If the parents were unable to agree, then the amount of alimony is determined by law: for one child - 25% of earnings, for two children - 33.3%, for three or more - 50%.
It should be noted that parents who have adequately fulfilled their duty to support and raise their children can also count on the care and support of their children in old age. If adult children do not do this voluntarily, then the law provides for the recovery of alimony from them for their parents who have become disabled and do not have sufficient means to live.
(dated 08.12.1995 No. 223-FZ with amendments dated 02.01.2000 No. 32-FZ)
Article 54. The right of a child to live and be raised in a family
1. A child is a person who has not reached the age of eighteen years (the age of majority).
2. Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to their care, the right to live together with them, except in cases where this is contrary to his interests.
A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity.
In the absence of parents, in the event of deprivation of their parental rights and in other cases of loss of parental care, the child’s right to be raised in a family is ensured by the guardianship and trusteeship authority in the manner established by Chapter 18 of this Code.
Article 56. The child’s right to protection
1. The child has the right to protection of his rights and legitimate interests.
Protection of the rights and legitimate interests of the child is carried out by parents (persons replacing them), and in cases provided for by this Code, by the guardianship and trusteeship authority, the prosecutor and the court.
A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to defense.
2. The child has the right to protection from abuse by parents (persons replacing them).
In the event of a violation of the rights and legitimate interests of a child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the responsibilities for the upbringing, education of the child, or in the case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and reaching the age of fourteen years in court.
3. Officials of organizations and other citizens who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and trusteeship authority at the place of the child’s actual location. Upon receipt of such information, the guardianship and trusteeship authority is obliged to take the necessary measures to protect the rights and legitimate interests of the child.
Article 60. Property rights of the child
1. The child has the right to receive maintenance from his parents and other family members in the manner and in the amounts established by Section V of this Code.
2. Amounts due to the child as alimony, pensions, benefits are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.
The court, at the request of a parent obligated to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks.
3. A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds.
The child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation.
When parents exercise powers to manage the child’s property, they are subject to the rules established by civil legislation regarding the disposal of the property of the ward (Article 37 of the Civil Code of the Russian Federation).
4. The child does not have the right of ownership of the parents’ property, and the parents do not have the right of ownership of the child’s property. Children and parents living together can own and use each other's property by mutual consent.
Article 63. Rights and obligations of parents regarding the upbringing and education of children
1. Parents have the right and obligation to raise their children.
Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.
Parents have a priority right to raise their children over all other persons.
2. Parents are obliged to ensure that their children receive basic general education and create conditions for them to receive secondary (complete) general education.
Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children.
Article 64. Rights and obligations of parents to protect the rights and interests of children
What rights does current legislation guarantee for a child?
The Universal Declaration of Human Rights issued by the UN regarding the rights of the child contained the following declaration: due to the fact that children are still physically and mentally immature, they must be guaranteed legal protection.
This will help ensure protection and care from the moment of conception until the age of 18. To ensure that children can live a happy life, several important principles have been established to ensure a happy childhood.
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Principles of the Declaration
The most important of them states that every child has all fundamental rights that should be recognized by both other children and adults. Discrimination on grounds such as religion, language, gender, skin color, race, political or other opinions, national or social origin, property status or any other circumstances that affect both children and members of their family is prohibited.
Principles of the Declaration of the Rights of the Child.
Every citizen of the Russian Federation from birth has the right to receive a last name, first name and patronymic. They can be given by both parents and adoptive parents. If a father and mother have different surnames, which one their son or daughter will bear is decided by mutual agreement. If the parents could not agree, the child’s first and last name is given by the guardianship and trusteeship authority.
If parents do not like the name chosen by themselves or a government organization, they have the right to change the surname or first name, but until their child turns 10 years old. If the daughter or son is over 10 years of age, then, according to legal protection, it is possible to change the child’s last name or first name only if he agrees with this decision.
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Social protection
Under the current law, a minor citizen is provided with social protection. He is also provided with favorable conditions so that he has the opportunity to develop spiritually, morally, mentally and physically, his freedom, dignity, social rights and interests are not oppressed by other people: the main goal of all legislative acts of the Russian Federation regarding children is to best ensure the interests of each child until 18 years.
Expenditures on the social sphere of the Russian Federation.
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Family law
Family law says: in order for a child to develop fully and harmoniously, he needs love and understanding, which only a family can give - natural or adoptive parents, guardians.
Material and moral security, an atmosphere of love in the family circle, parental responsibility - all this ensures a happy childhood for every child. The most important right of minor children is to always remain with their mother and only in exceptional cases is separation from her allowed. Society and public authorities are obliged to take care of the rights of orphans who have no family and no means of subsistence.
If a child lives in a large family, the ombudsman for children’s rights in the constituent entities of the Russian Federation must ensure that this family is provided with benefits from the state so that they can support the children.
Just about the main thing. Family law in the Russian Federation. We recommend watching it.
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The child’s right to protection under the Family Code of the Russian Federation is exercised
Articles 21 and 27 of the Civil Code of the Russian Federation.
A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to defense.
2. The child has the right to protection from abuse by parents (persons replacing them).
In the event of a violation of the rights and legitimate interests of a child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the responsibilities for the upbringing, education of the child, or in the case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and reaching the age of fourteen years in court.
Responsibilities of minor citizens
The following main responsibilities of minor citizens are identified:
- obey parents and persons replacing them;
- receive basic general education ($9 classes);
- comply with the rules of conduct established in educational and educational institutions, at home and in public places;
- take part in the work of children's public associations;
- perform labor duties in accordance with the rules established in educational institutions.
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Children's rights and the Family Code
Children who win quizzes will be given a legal alphabet, and the winners of a children's drawing competition will be awarded a children's family code.
CHILD'S RIGHTS IN RUSSIA FROM BIRTH TO AGE OF AGE
Once again, educational institutions have opened their doors for you, so that you can gain new knowledge and learn a lot of useful and interesting things.
How many of you know about your constitutional rights? For 20 years now, the Constitution of the Russian Federation has been in force, adopted by popular vote on December 12, 1993, which establishes the fundamental rights of citizens. Every citizen of the Russian Federation has on its territory all the rights that are provided for by the Constitution of the Russian Federation. Basic human rights are inalienable and belong to everyone from birth. Thus, children already have certain rights from the moment of birth. A natural question arises: who are “children”? These are persons under 18 years of age. The state recognizes childhood as an important stage of a person’s life and proceeds from the principles of priority of preparing children for a full life in society, developing their socially significant and creative activity, and instilling in them high moral qualities, patriotism and citizenship. However, the rights of children are slightly different from the rights of adults. To understand what this difference is, you need to know the meaning of two legal words: legal capacity and legal capacity. Legal capacity is the ability to have all the rights that are provided for by the Constitution of the Russian Federation; it arises in every person from the moment of birth. Capacity is the ability to take certain actions to acquire and exercise all constitutional rights to their fullest extent.
The right to express your opinion. [↑]
A child in a family is a person to be reckoned with; this right is enshrined in the Family Code of the Russian Federation. He can freely express his opinion when any issue concerning his interests is being decided in the family. The child is given the opportunity (directly, through a legal representative or an appropriate authority) to be heard in any judicial or administrative proceedings where educational and other issues of importance to him are being considered.
The law established a list of cases when the opinion of a child who has reached the age of ten has legal significance. These include: adoption of a child; registration of adoptive parents as parents of the child; changing the child's surname and first name; restoration of parents deprived of parental rights to these rights; changing the child’s first, middle and last names upon adoption; changing the child's surname and first name when adoption is cancelled; transfer of the child to a foster family. The listed legal actions affecting the most important rights and interests of the child can only be performed with his consent.
The child’s right to protection under the Family Code of the Russian Federation is exercised
What legal mechanisms exist for implementing this norm?
Family education in accordance with clause 2, part 1, art. 17 of the Federal Law “On Education in the Russian Federation” is carried out outside of organizations carrying out educational activities. In this regard, the student is not included in the contingent of the educational organization.
In accordance with Part 10 of Art. 58 of the Federal Law “On Education in the Russian Federation”, students in educational programs of primary general, basic general and secondary general education in the form of family education, who have not eliminated their academic debt within the established time frame, continue to receive education in an educational organization.
The Federal Law “On Education in the Russian Federation” does not regulate the procedure for terminating the development of an educational program in the form of family education and continuing education in an educational organization.
Commissioner for Children's Rights in St. Petersburg
local government bodies in St. Petersburg. their officials, organizations of St. Petersburg. violating the rights and legitimate interests of the child;
checks independently or jointly with government authorities of St. Petersburg. local government bodies in St. Petersburg and their officials report facts of violation of the rights and legitimate interests of a child;
provides children and their legal representatives with free legal assistance on issues of protecting the rights and legitimate interests of the child;
carries out, in accordance with the procedure established by current legislation, judicial protection of the rights and legitimate interests of the child;
submits to the state authorities of St. Petersburg.
Article 57. The right of the child to express his opinion
The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests. In cases provided for by this Code (Articles 59, 72, 132, 134, 136, 143, 145), the guardianship and trusteeship authorities or the court can make a decision only with the consent of a child who has reached the age of ten years.
Protection of family rights
Family legislation obliges executive authorities to take measures to protect the legitimate interests of children left without parental care. Where necessary, representatives of internal affairs bodies participate in the enforcement of decisions related to the removal of a child. The civil registry authorities, upon a joint application of the spouses, are authorized to restore the marriage in the event of the appearance of the spouse declared dead or recognized as missing, and the corresponding court decisions are canceled; establish the paternity of a person who is not married to the child’s mother on the basis of a joint application by the father and mother of the child.
The prosecutor is also vested with powers in the field of protecting family rights, including presenting a number of demands to the court:
on the recognition of marriage as invalid; on the deprivation of parents of parental rights and on the restriction of parents in parental rights; on invalidation of an agreement on the payment of alimony; to cancel the adoption of a child.
The prosecutor is obliged to participate in court consideration of cases on deprivation, restoration and limitation of parental rights; on the adoption of a child and on the cancellation of adoption, regardless of whose initiative the court initiated the case, to appeal against illegal court decisions, as well as to monitor the legality of the removal of a child from the parents by the guardianship and trusteeship authorities and in other cases.
The Federal Law “On the Prosecutor's Office of the Russian Federation” gives the prosecutor the right to make submissions to eliminate violations of the law, protest against illegal regulatory legal acts, initiate cases of administrative offenses, and issue warnings about the inadmissibility of violations of the law.
In accordance with Article 121 of the RF IC, the guardianship and trusteeship authorities are entrusted with protecting the rights and interests of children left without parental care.
Children's rights laws
The main guarantees of rights are the following documents: the Constitution of the country, the Family Code of the Russian Federation and the Convention on the Rights of Children . The last document was approved at one of the meetings of the UN Assembly. In addition, the protection of the rights of minor children is guaranteed by various federal laws, which stipulate the following points:
- Healthcare.
- Basic guarantees.
- Education.
- Guarantees of social support for children left without parental care.
- About equality.
- On social protection in the Russian Federation for disabled children, etc. (disabled people can also apply for a visa and travel).
Basic laws on children's rights in the Russian Federation.
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Convention on the Rights of Children
The legal regulation of all emerging issues regarding the protection of the rights of the child is based on the Convention. This is the document that is fundamental among all the laws listed. In other words, the Convention serves as a guarantee of the rights of the child in the Russian Federation. But that's not all: there are many other points that need to be mentioned.
The Declaration of the Rights of the Child contains many more points regarding the protection of children and their lives. It mentions the protection of orphanhood, the rights of disabled children, protection from sexual violence and cruel treatment. The Declaration of the Rights of the Child also contains the following guarantees:
- Protection of living space.
- The secrecy of telephone conversations and correspondence.
- Non-disclosure of personal information, in particular about adoption, personal life, etc.
- Opportunity to receive help in case of family deprivation. In such cases, the rights of minor children are protected by the state.
- Protection from being forced to work in hazardous work.
What does a child have the right to in Russia?
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How does the state protect children?
Respect for the rights of every minor is the responsibility of government agencies. In particular, this is the task of institutions responsible for guardianship and trusteeship. If serious conflict situations arise, the prosecutor's office and the court may intervene.
To do this, the child himself (or his parents) can fill out a special application form and send it to the prosecutor's office. Next, the case will go to court, which will regulate the rights of the child.
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Protecting children's rights in court
But even so, today it has become even more relevant. The main reason is the lack of a reliable mechanism for protecting the legal rights and freedoms of minors. Particularly noticeable are the difficulties with the realization of the right to life and upbringing in the family. This leads to a steady increase in the number of minors who are placed in children's institutions for education.
The procedure for protecting the rights of the child is determined by the relevant regulatory documents of the legislation of the Russian Federation.
