Children’s rights are a set of principles that are enshrined in Russian and international legal acts. Both on the global and national level valid a large number of acts that determine the status of persons under the age of majority.

Each of the acts is aimed at protecting the rights and interests of children, as well as preserving the freedoms guaranteed to them. Let us consider some of the nuances related to how such legal relations are regulated in Russia and how the rights of minor citizens are ensured.

Legislative regulation of the issue in the Russian Federation

The rights of children in the Russian Federation are determined by a number of legal acts. In particular, we can highlight several main ones that operate in Russia. First of all, we're talking about O .

For Russian law this document acts as a fundamental document and is used to regulate all emerging legal issues. In addition to this document, it is worth highlighting the Family Code of the Russian Federation and the Declaration of the Rights of the Child.

The Presidential Decree, according to which the ombudsman is engaged in activities, is also considered important document in the Russian Federation. And lastly, on the territory of the state there are international principles, adopted by the UN General Assembly in 1959. Within the framework of these acts, the following issues are regulated:

• relating to the equality of all minor citizens, without regard to gender, race, language, skin color, as well as nationality and social origin;
• regarding security social support children;
• to create adequate living conditions and comprehensive development;
• ensuring the preservation of the dignity of minor citizens, their rights and freedoms guaranteed by the state;
• relating to obtaining a first name, last name and patronymic.

The enumeration of the rights of the child established by law does not end here. There are other points that are definitely worth mentioning. Let's take a closer look at the basic rights.

Rights of a minor citizen in Russia

U minor child There are certain rights, the observance of which is guaranteed by states. Every right is protected by law. The list of children's rights includes the following rights on the:

Conclusion

All listed rights children are protected by current legislation and are strictly observed by all citizens of the state. In case of violation established provisions, a person who commits such an act is punished in a certain way by law.

As a child grows, he enters into a variety of relationships with the people around him. They, in turn, are included in different community groups. The goal of development is the formation of a child as an individual. He must become part of the world in which he resides and acts.

First relationship

Family is the first space in which a child lives from birth. The first relationships he enters into are with his father and mother, sisters and brothers. For the child, they act as the foundation, the center of all others. public relations, which he will form and install subsequently.

Child's rights

From his very birth, a person is taken under state security. At any age, he is a member of society. The child has the right:

• Have a surname, patronymic and first name.
• Raise and live in a family.
• Communicate with relatives and parents.
• Change last name and first name.
• Have property.
• Protect your own rights.
• Receive medical care.
• To express own opinion.
• Get an education, etc.

IN modern society Unfortunately, they are often violated by both the state and parents. Next, we will consider how the protection of the rights and interests of children is ensured.

Basic provisions

The protection of the rights of minor children is regulated by the current regulations. The main one is the Constitution. The Law on the Protection of the Rights of the Child contains provisions providing for its protection from the encroachments of parents. Mainly, this ensures the responsibility of those who are dependent on it and protects against abuse. In case of cruel treatment, a child has the right to appeal to the guardianship and guardianship authority, and from the age of 14 – to the court.

Parents and other citizens

The protection of the rights of the child is carried out primarily by his father and mother. However, there are situations in society when these functions are assigned to guardianship and guardianship authorities. This is possible if contradictions are established between the interests of children and parents, if the latter are deprived of their rights and have limited legal capacity due to alcohol abuse. Social protection of children's rights is provided by officials and other citizens. If they become aware of a possible threat to health, life, infringement of freedoms, facts of cruel treatment of a minor, they are obliged to report this to the guardianship and guardianship authority. Upon receipt of this information, the latter must take measures to eliminate these phenomena.

Criminal liability

The protection of the rights of the child in the family is under the control of the Criminal Code. In Art. 156, in particular, the full criminal liability for evading the fulfillment of educational responsibilities, if this act accompanied by cruel treatment of minors. The latter can be expressed in non-provision of food, systematic humiliation, beatings, bullying, locking for a long time alone indoors. The protection of children's rights is entrusted to the guardianship and guardianship authorities district administrations, the PDN inspection at the police department, the prosecutor's office (in particular, the assistant prosecutor authorized to carry out this activity), the KDN.

In case of failure to comply either improper execution responsibilities associated with education, the parent and other person to whom they are assigned, as well as the teacher and other employee of the educational medical, educational and other institution that must exercise supervision, if these actions are accompanied by cruel treatment, liability is provided. In particular, a fine of 50 to 10 minimum wages may be imposed, freedom may be limited for a period of up to 2 years with deprivation of the opportunity to hold a particular position or perform certain activities for three years or without it. Cruel treatment, including mental and physical violence, an attempt on the sexual integrity of a minor act as grounds for deprivation parental rights. This provision is established in Art. 69 of the Family Code.

Work of the prosecutor's office

The protection of children's rights is carried out by guardianship and guardianship authorities, as well as by law enforcement agencies. The latter should include the prosecutor's office and the police department. The prosecutor protects the rights of children in the following ways:

• Filing a claim for deprivation of the mother and (or) father of parental rights or their limitation, as well as cancellation of adoption.
• Direct participation in trial on cases of protection of children's rights.
• By introducing warnings about the inadmissibility of violating the freedoms of a minor and ideas about their elimination.
• Submitting applications to the guardianship and guardianship authority or the court with a demand for restoration or recognition of the disputed or infringed right of the child.
• Protesting acts administrative bodies who carry out tasks to preserve the freedoms of minors.

Activities of the Department of Internal Affairs

Internal Affairs bodies take part in enforcement decisions concerning the search for persons who evade the execution of court orders related to the upbringing of children. To tasks police officers also includes carrying out individual preventive work with parents who do not fulfill or fulfill inappropriately their responsibilities for training, education, and maintenance of minors. Officials participate in detecting facts of violations and infringements of the child’s freedoms in the family. If necessary, employees prepare cases for restriction and deprivation of parental rights.

KDN

Protection of children's rights in the Russian Federation is also ensured special commission. Her responsibilities include:

• Filing a claim in court regarding the restriction or deprivation of parental rights.
• Taking measures to restore and protect the interests of children, identifying and eliminating the conditions and causes that contribute to their homelessness and neglect.
• Preparation of information provided to the judicial authority on issues related to ensuring the freedoms of minors.
• If necessary, organize control over the conditions of detention, education and training of minors.

Guardianship and guardianship authorities

Their tasks include identifying children who are left without parents and keeping records of them. In accordance with the specific circumstances of the loss of guardianship of the mother or father, these bodies choose the forms of placement of minors. At the same time, they carry out further supervision over the conditions of their education, maintenance and upbringing. In addition, guardianship and guardianship authorities:

• Act as defendants in cases of lifting restrictions and restoring parental rights.
• Claims are filed regarding the removal of a mother or father from raising, educating, or maintaining dependents.
• They give opinions regarding the cancellation or establishment of adoption, disputes related to education and participate in the consideration of these cases.

Modern realities

Today, in almost all guardianship and guardianship authorities, the functions of protecting the rights of minors are usually performed by one employee - an inspector. As a result, all work, as a rule, comes down to what can only be accomplished urgent action. They are mainly related to representation in court, the preparation of various, often unprofessional due to the lack of appropriate skills and knowledge, conclusions at the request of the judicial authority. In this regard, the protection of children's rights is not carried out properly. This, in turn, requires taking measures to reform this system.

Priority directions

IN judicial procedure protection of rights concerns cases of violations occurring in the family if a controversial situation arises. Ensuring the preservation of the freedoms of minors, especially those who have lost parental care, falls within the scope of activity of the relevant authorities. In this regard, the priority direction today is administrative protection. It is the guardianship and guardianship bodies that are authorized by the state to perform these functions. Tasks can be implemented in different ways, in accordance with a particular situation.

The most important prerequisite for ensuring the protection of children’s rights by these bodies is their close contact with the Control Department, the Department of Internal Affairs, the prosecutor’s office and other public and state institutions. It should be recognized that most of the regulations governing this area are primarily aimed at defining the role of departments and establishing the boundaries of their competence. In this regard, interdepartmental barriers are intensifying, the struggle for budget resources, despite the fact that the mechanism of influence and responsibility of these bodies for failure to fulfill their functions is not spelled out.

Article 56 SK

The Family Code enshrines the child’s ability to independently protect their rights. In cases of violations on the part of the father or mother, as well as other persons replacing them, he can apply to the guardianship and guardianship authority, and after 14 years - to the court. However, in practice this provision is almost never implemented. This is primarily due to the fact that the Civil Procedure Code does not define the status of a minor during civil proceedings if he has lost parental care. Thus, this function transferred to the guardianship and guardianship authorities. They must accept the child’s complaints and take corrective action.

International protection of children's rights

There is a special Convention in force in the world, ratified by almost all countries except Somalia and the United States. This document not only recognizes the child as a person entitled certain rights. The Convention enables him to assert his freedoms using national administrative and judicial procedures. Today Russia is obliged to periodically submit reports to the Committee for the Protection of the Rights of the Child of the UN Organization. They reflect the situation of persons under 18 years of age in the country. The Committee for the Protection of the Rights of the Child acts as a mechanism for implementing the Convention. Its provisions are considered universal. As many experts note, one of the most significant contributions of the Convention to human rights legislation is the introduction of the principle of transferring the child from a “passive” object to an active subject of protection.

the main problem

Of particular relevance today is the issue of children deprived of a family. They, for the most part, end up thrown out onto the street due to various difficult situations. Such children, as a rule, live in terrible conditions and are victims of one or another type of violence. Many of them have various serious illnesses. The majority of these children were unlikely to have ever attended school or are no longer in school. If they survive violence, hunger, prostitution, social alienation, police harassment, various kinds consequences associated with breaking rules and regulations, drug use, low-paid jobs, imprisonment, then they will grow up to become illiterate adults lost to the state. This problem must be solved by all interested bodies and persons. Special role in this, undoubtedly, belongs to the state.

Finally

A child is every person under 18 years of age if, in accordance with the rules of law applicable to to this person, he does not become an adult before. This category of citizens is considered the most valuable capital of the state and society. Essential have mutual understanding and continuous communication between all generations. This is an essential condition for the stable existence of the modern world.

Laws protecting children's rights (beginning)

3.6 (71.16%) 86 votes

Today in Russia, children's rights are regulated by the following basic laws:

– Constitution Russian Federation;

– Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ;

– Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”;

– Federal Law No. 124-FZ of July 24, 1998 “On the Basic Guarantees of the Rights of the Child in the Russian Federation”;

– Federal Law “On social protection disabled people in the Russian Federation."

The relationship between parents and children is one of several groups of relationships that are regulated by the family code. Moreover, these relationships can be of a personal non-property and/or property nature.

The Constitution of the Russian Federation establishes that in Russia the rights and freedoms of all citizens, including minors, are guaranteed in accordance with the norms and laws international law. A complete set of children's rights is contained in the 54 articles of the Convention on the Rights of the Child, adopted on November 20, 1989. The Institute of Childhood is under the care and protection of the state, which has legislatively developed standards for the protection of the rights of minors.

A priority family education children, caring for their welfare and development, ensuring priority protection their rights and interests is one of the basic principles of regulation family relations. Legal status child in the norms of family law is determined based on the fact that the child is an independent subject rights, a participant in family relations, and therefore has his own rights: to live and be raised in a family, to know his parents, to express his opinion on all issues relating to his life, etc. family legislation regulates in detail the rights and responsibilities of parents in raising and educating children, protecting their rights and legitimate interests, as well as forms of family education of children left without care. For violation of this principle, the current legislation establishes different kinds responsibility.

In Art. 1 of the Family Code of the Russian Federation allows for the possibility of limiting the rights of citizens in the family only on the basis of federal law and only to the extent necessary in order to protect morality, health, rights and protect the interests of other family members and other citizens.

The Convention considers the child as an independent person, endowed with rights and capable, to one degree or another, of independently implementing and protecting them.

By Russian legislation a child is a person under 18 years of age. Recognition of a child as fully capable before reaching the age of majority, including his emancipation, does not affect, with the exception of cases specified in the law, the possibility of considering him as a child. The ability of children to acquire rights provided for by family law arises from the moment of birth.

Personal rights of a minor:

• the right to live and be raised in a family;
• the right to communicate with parents and other relatives;
• the right to one's own defense;
• the right to express one's opinion;
• the right to a first name, patronymic and last name.

The right to live and be raised in a family, provided for in Art. 54 of the Family Code means, first of all, that a child can live with his parents. The place of residence of minors under fourteen years of age is their place of residence legal representatives- parents, adoptive parents or guardians. If the child's parents live at different addresses, the child has the right to live with one of them. If there is a dispute on this matter between parents, the issue is resolved in court.

If a child for some reason loses parental care, attempts are made to place him first of all in a family: transfer for adoption, foster family, to the guardian's family. For help child care facility resort only when they provide Family status does not seem possible.

The right to know your parents in Art. 7 of the Convention on the Rights of the Child, however, with a small reservation - “if possible”.

It follows that:

• When establishing paternity in court, it is taken into account this right minor;
• a child has the right to count on assistance in finding his parents from his legal representatives, as well as state and municipal authorities, organizations that are somehow involved in searching for citizens.

One more integral part The right of a child to live and be raised in a family is his right to be cared for by his own parents.

In accordance with paragraph 1 of Art. 55 of the Family Code, the child’s right to communicate with his parents and relatives does not affect:

• divorce of parents;
• invalidation of parents' marriage;
• separation of parents;
• parents living in different countries.

In paragraph 1 of Art. 56 of the Family Code states that the child has the right to protection of his rights and legitimate interests.

The rights of the child here mean the rights provided for in Art. 54-58, 60 of the Family Code, and under legitimate interests - both those provided for by the Code and those that, although not recorded, in a specific legal norm, but follow from its content.

The protection of the rights of a child, since he has not reached the required degree of social maturity and has not become fully capable, is carried out by his parents or persons replacing them. This is their direct responsibility, provided for in Art. 64 Family Code.

In paragraph 1 of Art. 56 of the Family Code repeats this provision and at the same time makes a significant addition: in cases provided for by the Family Code, the protection of the rights and legitimate interests of the child is carried out by the guardianship and trusteeship authority, the prosecutor and the court (when the minor is left without parental care and needs a placement or is preparing for a case on deprivation or restriction of parental rights).

A minor has the right to protect himself from abuse by his parents. This innovation must be understood as additional guarantee protection of children's rights is far from exceptional cases when harm to a minor is caused by those closest to him. Having the right to protection from abuse by parents, a minor is given the opportunity to demand his own protection and ask for help. His statement can be put in any form. Acting as the owner of a very specific one, only to him owned right, the child can count on the support of the bodies competent to protect him, i.e. guardianship and trusteeship authorities.

L.V. Kudryakova - chief expert department for non-profit organizations

Children are the most vulnerable category of citizens in our society. They are unable to understand the consequences of their actions, accept right decisions and seek justice. And the authorities for the protection of the rights of minors do not always skillfully defend the interests of their charges. – current problem in the Russian public. After all, even their parents often do not know what children have the right to.

To ensure that the interests of the child are fully protected,
Contact a lawyer for help. He will help you understand all the issues
and will protect the minor from the complexities of the adult world.

According to family law Russian Federation, a child is an independent person endowed with appropriate rights. However, for obvious reasons, children themselves cannot represent their interests. This function is performed by lawyers.

What rights do children have?

All children have rights from birth, which the state, represented by the guardianship authorities, is called upon to protect. qualified specialists. The main right of a child is to live and be raised in a family, to communicate with parents and relatives. Unfortunately, this a vital necessity is violated most often. This happens when parents begin to share not only property, but also children, the right to raise them. in this case is to ensure normal conditions to communicate with all parents and relatives.

In addition, every child has the right:

• have a first name, last name, patronymic and change them if available certain factors;
• possess property that belongs to him by law;
• receive education and medical care;
• express your opinion and express your point of view;
• choose which parent he will live with in the event.

All these situations have many controversial issues and interpretations. If at least one of these rights has been violated, then there is a reason to contact a competent lawyer who will help you understand the situation and find the optimal solution for everyone. The rights of the child are a priority and must not be infringed under any circumstances.

How can a lawyer help?

If the rights of a child are at risk, then the help of a lawyer is simply necessary. Especially when it comes to . In such situations, adults are too preoccupied with themselves and sorting out relationships, so minors may suffer. Lawyers of the AMT group of companies have extensive experience in resolving controversial issues related to the protection of children's rights.

You cannot do without the help of a qualified lawyer if necessary:

1. Support of cases with parents, protection property interests child in court.
2. Get help with adoption, adoption, deprivation of parental rights or their restoration.
3. Help in acknowledging paternity, collecting documents and evidence.
4. Protect the interests of minors when concluding real estate transactions, buying or selling housing, and determining shares.
5. Provide advice on civil and criminal cases affecting the rights of minors.
6. Help parents living in different countries and having different citizenship. Resolve disputes abroad, taking into account the peculiarities of the legislation of another country.
7. Ensure the child’s competent entry into inheritance rights.

Think about whether you are ready to entrust the fate of your child to an inexperienced specialist or do you want to quickly and painlessly solve all the difficulties that have arisen? This will depend on the choices you make.

No matter what conflicts and controversial situations did not arise, if they affect the interests of children, then better than a lawyer no one can protect his rights. First of all, he knows everything perfectly procedural rules legislation, therefore, will be able to provide for all the subtleties and nuances of the case. Secondly, he is not interested party, so he can assess the situation impartially.

If you are aimed at a civilized resolution of conflicts, then the help of AMT lawyers is simply necessary! Extensive experience and excellent qualifications will help you achieve success in the most difficult situations!

The rights of children under the age of majority in Russia are ensured by several legislative acts, the main ones being Family and Civil Codes, and the federal law No. 124-FZ. All these laws are designed to protect the rights of children until they reach adulthood.

The protection of children’s rights includes a whole range of legislative and organizational measures designed not only to realize the child’s right to birth and successful development, but also stipulating the functioning state institutions, providing this implementation.

All the legislative framework for ensuring legal protection children in the Russian Federation is in full compliance with the UN Convention.

Conventionally, the rights of a child can be divided into several groups.

First group stipulates the child’s rights to live with his parents, receive the necessary care, and be protected from improper execution parents of their responsibilities and so on. Basically, these rights are specified in Family Code, and responsibility for non-compliance is in the Administrative and Criminal Codes.

When a child is born, his parents have additional responsibilities in relation to him, and they must fulfill these duties. In addition to what is stipulated by law, parenting must also meet moral standards. The rights of the child should not be infringed even if the relationship between spouses ends.

Upon divorce of parents, minor children are entitled to receive alimony payments to provide conditions for development and education. Infringement of children's rights is also unacceptable if both parents are deprived of their rights in relation to the child. In this case, the state takes responsibility for their development, upbringing and education.

Co. second group include children's rights to health and recreation. All minors are provided with free medical care, disease prevention services. If necessary, they are guaranteed appropriate sanatorium treatment.

Children with chronic and intractable diseases should receive free medicines according to approved lists.

This group also includes the rights of minors to the protection of their labor. Until the age of eighteen, it is prohibited to use child labor in many industries. If, according to the conditions, work is still allowed, then a shortened work schedule is established. In addition, minors have the right to leave at any time of the year if desired, to combine work with study, and so on. Control over ensuring rights is assigned to labor inspectors, guardianship authorities, and executive authorities.

Third group stipulates the rights of children to receive education, both regular secondary and additional. The child has the right to engage cultural activities, art, take part in the activities of any clubs, sports sections. Along with this, the right of children to rest and spend leisure time at their own discretion is legally established.

Fourth group includes personal rights child. WITH of a certain age Children not only have the right to their own opinion, but can express it. For example, from the age of ten, parents must take into account his opinion when making certain decisions concerning him.

Children can independently contact the guardianship authorities in any cases where their rights are violated. After reach the age of fourteen, children can independently apply to judiciary and the prosecutor's office on the same issues. From this age, the child has the opportunity to defend his rights in court.

Fifth group unites economic rights child. No one has the right to deprive a child of his property until he reaches the age of eighteen. When parents divorce and real estate is exchanged, a share must be allocated that will be assigned to minors.

The child also has the right to independent disposal with their income (from the age of fourteen), for example, a scholarship. Property rights children are observed especially strictly. This is why most deals are for parents with minor children, requires approval from the guardianship authorities.

Sixth group rights helps to protect minor children from any type of information that could harm their development, both physical and moral. This includes a ban on advertising of alcohol and cigarettes, drugs, pornography, and so on.

To protect the rights of children, the possibilities of the Administrative and Criminal Codes are used. As a rule, any violation of their rights is punished more severely than in relation to other citizens of the Russian Federation.

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