What are the rights of the child according to the constitutional article. What laws regulate the rights of children in the Russian Federation

To understand this difference, it is necessary to consider two concepts. The first is legal capacity. To be means to have all the rights provided for by the Constitution Russian Federation, and a person has legal capacity from birth. The second concept is capacity. The child is not legally competent, since it comes of age, which means that the child can have some rights only from that moment, for example, the right to vote.

Children's rights

The basic rights of the child, which are enshrined in the Constitution of the Russian Federation:

1. Right to life. All people have this right from birth. It implies a ban on killing a person, as well as the fact that the state is obliged to protect and protect human life.

2. The right to freedom and personal security. This right is the foundation of a person’s legal set. Freedom means the opportunity to live the way one wants, but on the condition that it does not harm others. We can say that freedom is the opposite of such concepts as slavery and coercion. Regarding children, it is worth saying here that the Constitution of the Russian Federation prohibits the exploitation of children, as well as their abduction, etc.

3. Right to health and medical care. For the state of the Russian Federation, protecting children's health is the main factor of development. Regardless social status the child has the right to receive medical care in any state medical institution. It is also worth noting that children who are not yet adults, but are over fifteen years old, have the right to decide for themselves whether or not to agree to medical intervention.

4. The right to be raised in a family. Every child has the right to parental protection and care. The state, in turn, takes a whole range of measures to support families (help). Also, according to the Constitution of the Russian Federation, no one has the right to take a child from its parents without sufficient grounds. But, since sometimes it happens that a child is a child, the state helps place the child in another family through adoption.

5. Right to education. It is mandatory to receive basic general education, which according to the Constitution of the Russian Federation is free. Also, everyone has the right to enter higher education educational institution on on a competitive basis and also free. In order for a child to receive an education, the state provides a variety of forms of education (correspondence, distance learning), different kinds incentives (scholarship, material aid; for those who receive education not in their hometown - a place in a dormitory).

6. Right to housing. The place of residence of children means the place of residence of their parents or guardians. However, there are cases when people do not have housing and do not have the opportunity to purchase it. Here the state provides assistance by providing various benefits or housing certificates.

7. Right of ownership and inheritance. Everyone has the right to property, including children. Nowadays, there are often cases when children own one or another part of the real estate, received as a gift or by inheritance. In addition, children have the right to inherit. Minors in some established by law cases has the right to receive some mandatory share by inheritance.

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 who have not reached of legal age.

Each of the acts is aimed at protecting the rights and interests of children, as well as preserving the freedoms guaranteed to them. Let's 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 one 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 the provision of social support for 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 is certain rights, the observance of which is guaranteed by the state. Every right is protected by law. The list of children's rights includes the following rights on the:

Conclusion

All listed rights child are protected 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.

Children's rights are no less important and binding than the rights of adults. Even more important, since children need special protection from the state and the international community. It is most difficult for children to protect their rights themselves, therefore international practice and so much emphasis is placed on legislation dedicated to protecting their basic individual rights.

The protection of children in the Russian Federation is subject to the basic provisions developed by the United Nations.

Children's rights in Russiaare regulated by such legislative documents , How:

• Family Code of the Russian Federation;
• Constitution of the Russian Federation;
• Legislation of the Russian Federation on protecting the health of citizens;
• Law on basic guarantees of children's rights in the Russian Federation;
• Law on additional guarantees protection of orphans and children left without parents;
• Law on social protection disabled people in the Russian Federation.

Fundamental to the protection of children is Convention on the Rights of the Child. It was adopted on November 20, 1989 by countries led by the United Nations. Came into force on September 2, 1990, after it was ratified by 20 states. The USSR was among them. After acceding to the Convention, it received the status of law in the territory former USSR, and currently in the territory Russian Federation.

The convention consists of 54 articles which detail individual rights children. The term “child” is defined by the Convention on the Rights of the Child as “a person under eighteen years of age.” According to this document All children have the right to develop their potential, to be free from hunger and want, as well as from cruelty and other forms of abuse.

The Convention on the Rights of the Child links the capabilities of children with all the rights and responsibilities of parents or persons responsible for them. Based on this, children can participate in making decisions that can affect their present and future.

Convention on the Rights of the Childassigns the following to children rights:

• have a family;
• to protection by the state in cases of lack of permanent or temporary protection from parents;
• for equality;
• for protection from violence;
• for medical care and health care;
• study and attend school;
• to freedom of thought and speech;
• for name and citizenship;
• to receive information;
• for rest and leisure;
• for state assistance for special needs (for example, disability).

Rights minor children in the Russian Federation

According to the Family Code of the Russian Federation, children include all persons under 18 years of age. The fact that a person who has not reached the age of majority has full legal capacity in accordance with Civil Code RF, does not affect the ability to count this person child.

Chapter 11 of the Family Code secures the following basic rights for children:

• the right to live and be raised in a family;
• right to defense legal rights and interests;
• the right to communicate with parents and relatives;
• the right to a first name, patronymic and last name;
• right to expression;
• property rights, including the rights of the owner.

The responsibilities of children in the family are not defined by law. They are established only by moral norms; the law cannot force a child to perform any duties in the family.
The protection of children's rights in Russia today is organized by Commissioners for Children's Rights, who exist in 20 regions of Russia. The most high-profile case to protect the rights of the child, in the resolution of which the commissioners were involved, was a trial between the spouses Kristina Orbakaite and This case became high-profile due to the popularity of the people involved in it. However, quite a few such disputes arise in the country. Today there is someone to solve them.

Ombudsmen for children's rights solve problems that arise due to cases of domestic violence, juvenile delinquency, drug addiction, homelessness and other non-children's problems.

As the main document adopted at international level, stands for the Convention on the Rights of the Child. In Russia, its provisions are fundamental to all other laws. This document contains 54 articles. All provisions apply to all children in the world. In the Russian Federation, the main document is considered to be Federal Law No. 124. It establishes guarantees of children's rights throughout the country. Except specified documents, To regulations regulating this area include:

Declaration of the Rights of the Child

In Russia, international principles adopted by the UN General Assembly in 1959 apply. The provisions, first of all, establish the equality of all minors, regardless of gender, race, religion, language, skin color, social or national origin, birth or other circumstance associated with the birth of a person. Law and others government measures must guarantee the rights of children in Russia, ensure social support, provide favorable conditions and opportunities for mental, spiritual, moral, physical and social development while maintaining dignity and freedom. The publication of acts regulating this area should be aimed at realizing the interests of minors.

Main rights of children in Russia

A minor must have a given name, surname and patronymic from birth. Parents choose the first by mutual consent. The patronymic is given by the father's name. In one or another subject of the Russian Federation, a different procedure may be established. Children's rights in Russia include the opportunity for a minor to have a family and communicate with relatives. Socially, mentally or physically disabled minors must be provided with a specific regime, special training and care necessary for them in view of their condition.

Children's rights in Russia contain provisions on providing minors with compulsory, free general education. Whenever emergency situations minors must receive necessary help one of the first. Regulatory acts It is prohibited to employ children if they have not reached the established age minimum, or to entrust them with activities that may become dangerous to their life, health, moral development. Children's rights in Russia also include the opportunity to be educated in an atmosphere of friendliness and tolerance, mutual understanding and respect for their interests.

Family

Every child should have one. The family is necessary to ensure the full physical and moral development of the minor’s personality. In this regard priority way the child's arrangement is adoption. Every minor has the opportunity to know their parents. An exception to this provision may be the case when the secrecy of adoption must be maintained. In addition, every child has the right to receive parental care. This provision includes several points that are the direct responsibilities of the father and mother. Thus, parents must provide care for:

• Health.
• Development.
• Education.
• Material support.

Failure to fulfill responsibilities by parents can lead to deprivation of their rights to the child. With such a decision, the minor will be placed under the guardianship of the relevant authorities or immediate relatives. A child living in a family must be provided with adequate food, clothing, housing, entertainment and medical care. For the fullest realization of the child’s rights to receive the necessary maintenance, care for babies should be provided during the prenatal and postnatal periods.

We are talking, in particular, about proper medical care and benefits provided by the state. Within the family, children should receive the necessary education in love and mutual respect. At the same time, minors must be protected from any violence, cruelty, or exploitation. Children cannot be trafficked in any form. The upbringing of minors in the family should be focused on personal development and awareness of responsibility for their actions.

Communication with relatives

Every child has the right to this. In addition to parents, close people are considered:

• Grandfathers.
• Grandmothers.
• Brothers.
• Sisters.
• Aunts.
• Uncles and others.

It should be noted that the implementation this right should not depend on whether the parents are married or not. Today arbitrage practice is such that during a divorce, a minor usually remains with his mother. In most cases, the decision establishes the right of the father and other relatives to see and communicate with the child.

Preservation of freedoms and interests

All children have the right to protection. First of all, parents are the guarantors of preserving the interests and freedoms of a minor. They are the child’s legal representatives before state, law enforcement, local and other bodies and individuals. In this case, parents do not need a power of attorney. They can ensure the protection of the rights of their children based on the fact of kinship. To confirm this, a birth certificate is provided. If parents are absent, then their functions are performed by guardians, adoptive parents, and trustees. The rights of the child are protected by the prosecutor's office. The law provides for cases when a minor can defend his own interests. This is allowed if he is recognized as legally competent under 18 years of age (emancipated).

Own opinion

The child has the right to express his thoughts on any issue. At the same time, it is necessary to distinguish between situations when an opinion can be taken into account and when it is mandatory. Within the family, the child can speak out on any issue relating to his interests and freedoms. When he reaches 10 years of age, his thoughts must be taken into account when making any decision related to him. From the age of 10, the child’s opinion and consent are mandatory when considering issues relating to his freedoms and interests. In particular, this is necessary when:

• adoption.
• restoration of parental rights.
• change of surname (name).
• appointment of a trustee or guardian.
• changing patronymic, surname and first name upon adoption or its cancellation.

Special cases

To avoid the development of homelessness and child crime, local and state power are obliged to provide care for children left without parents. Resolution of this issue should involve public organizations, guardianship and guardianship authorities. In Russia, there is a procedure for placing such children in families. This is done through adoption, guardianship and other means.

According to the Russian Constitution, a child is considered a person who has not reached the age of majority. The rights of minors are regulated by the following legislative documents:

• Law No. 159 “On additional guarantees for public support”;

Main regulatory legal act, which regulates marital relationships that arise between citizens during marriage is Family Code of the Russian Federation . In the corresponding document, the rights and responsibilities of children are enshrined in section 4, consisting of 3 chapters and 33 articles.

When does a child have rights?

According to the RF IC, the rights of a child arise from the moment of birth (as do the corresponding rights and obligations of his parents). Upon reaching of a certain age the interests and responsibilities of a minor citizen will increase.

From the moment of birth, the baby has the right:

• addressed;
• by surname;
• for patronymic;
• on citizenship and civil legal capacity;
• live and be raised in a full-fledged family;
• to respect your human dignity;
• on comprehensive development;
• to ensure freedoms and legitimate interests parents, guardianship services, prosecutors and courts;
• to receive benefits and government benefits;
• to have property rights.

Legislative acts of Russia establish the following age categories, upon reaching which the interests and responsibilities of the baby will increase: 1.5; 3; 6; 7; 10; 14; 15; 16; 18 years. As the rights of a minor increase, the amount of responsibility also increases, while parental responsibility decreases with age. If the laws are not followed, a citizen may incur administrative, civil and criminal liability.

Basic rights of the child according to the RF IC

The list of fundamental rights of a minor child is established in Chapter 11 Family Code RF, which consists of the following articles:

• The right of a child to live and be raised in a family. Parents or legal guardians are obliged to raise the child, ensure his comprehensive development, both physical and spiritual;
• Art. 55. The right to communicate with parents and other relatives. The corresponding article states that a minor child has the right to know his parents, regardless of whether the parents are in official marriage or not;
• Article 56. The right to ensure protection of legitimate interests;
• Article 57. The right to express one's opinion and position. Minor citizen must feel like a person whose opinion must be taken into account, especially when resolving issues affecting his interests;
• According to Article 58 of the RF IC , the child has a list of rights at birth, the main ones being first name, last name and patronymic;
• Article 59. Changing personal details. Upon reaching the age of 14, a minor has the right to apply to the guardianship and trusteeship authorities with a request to change the initials received at birth;
• Art. 60. Property powers. The person concerned has the right to claim maintenance from his parents or other relatives. At birth, parents are required to allocate a certain share in an apartment or other real estate owned by parents.

The child's responsibilities at home are mainly determined by the parents, whose requirements should not contradict the legislation of the Russian Federation. Social Services carefully monitor the observance of freedoms that are reserved for minor citizens.

List of child responsibilities according to the RF IC

Main legislative act regulating family relationships. It also establishes the obligations that must be observed by minor citizens.

Child's responsibilities:

• obtaining basic education;
• compliance certain rules behaviors that are established in various educational institutions and public places;
• conscientious fulfillment of all duties assigned to him by relevant persons;
• compliance with the charter of the educational institution;
• entry into deadlines for military registration;
• after reaching the age of 18, provide for your disabled parents or legal guardians.

As already noted, a minor may bear criminal liability, which, according to generally accepted rule begins at the age of 16. However, especially serious crime, criminal liability can occur from the age of 14.

Rights and responsibilities of adopted children

A child in a foster family also has rights guaranteed by law. It is worth highlighting that adopted children do not lose the right to communicate with their biological parents, however, such a desire must be consistent with the new parents. In case of controversial situations, they are regulated by guardianship and trusteeship authorities.

An adopted child has the right:

• count on state protection;
• expression of opinion;
• receiving pensions, benefits and allowances;
• for storage of personal property, for example, photographs of biological parents and other family heirlooms;
• have your own territory;
• know the truth about your adoption and information about your biological parents;
• choose your own friends;
• give up your foster family, in case of misunderstanding or psychological impact.

In addition to rights, the law also establishes a list of obligations that it must comply with. Adopted child must fulfill certain responsibilities around the house, carry out various tasks for new parents, follow the rules of hygiene that are established in new family. Also, a citizen who has not reached the age of majority is obliged to respect and listen to the opinions of other family members, take care of property and take care of the new family, if necessary.

Protection of the rights of minor children

First of all, the protection of the rights of minors is carried out government agencies authorities and services of regional self-government. The child’s parents or persons replacing them can also defend their interests. Pedagogical, medical and public employees, since they are directly responsible for the education and health protection of a minor citizen.

The Russian Family Code states that minor has the right at any age to contact the guardianship authorities with a complaint and statement. However, the issue of protecting the freedoms of minors is complicated by the fact that the child himself rarely seeks help on his own. Experts suggest that this is due to children’s fear of their parents, as well as a reluctance to live in public children’s organizations.