What child rights exist? Law on the rights of the child in Russia

Every person should know their rights. Minor children are no exception to this rule.

Among the numerous legislative norms that ensure the protection of the fundamental rights of the child until adulthood, the following stand out:

• Family code.

• Civil Code.

• 124 Federal Law (on guaranteeing the rights of the child).

The state, with the assistance of the UN convention, recognizes childhood as the most significant period in a person’s life and tries to do everything to protect his rights and freedoms.

What rights does a child have and what are they entitled to?

The family code of the Russian Federation speaks of inalienable right a minor to live with his parents and receive from them his full name, citizenship, protection, care, etc. (law on the rights of the child).

This list of norms is one of the most important due to the fact that upbringing in a family allows children to develop normally physically, morally and intellectually.
And in case of neglect of them, liability is provided for, prescribed by the Administrative and Criminal Code of the Russian Federation.

What other rights do children have from the moment of birth?

The rights of the child include the opportunity to receive education, including additional education. For example, various kinds of clubs and sports sections.

Minors can spend their leisure time as they please. They have an undeniable right to express their opinion.

For example, from ten summer age Parents must take into account the opinion of their child if they want to make a decision concerning him.

The normative rights of the child include the rules of children's health and recreation.

Everyone under 18 years of age is guaranteed free medical care and treatment in a sanatorium.

Children with chronic and difficult-to-treat diseases are entitled to free medications.

According to the legislation of the Russian Federation, minors can work, but with a reduced work schedule. They are also entitled to leave at will, the opportunity to combine work with study, etc.

Standard working hours when combining work with secondary education:

• From 14 to 15 years no more than two and a half hours
• From 15 to 16 years old 5 hours a day and no more than 24 hours a week.
• From 16 to 18 years old 4 hours a day, but not more than 36 hours a week.

Law on the Protection of Children's Rights

Protection of children's rights until they reach the age of 18 is carried out by parents or bodies replacing them:

• Prosecutor's office.

• Guardianship body.

Capable children under 18 years of age can independently defend their responsibilities and rights to defense. Including various offenses guardians towards them.

When trustees commit lawlessness and fail to fulfill their obligations, the child can turn to the guardianship authorities.

If at the time of the crime the victim was already 14 years old, he can apply to the judicial authorities and the prosecutor's office.

Even in the event of divorce, children's rights remain unchanged, and all children are entitled to alimony for a prosperous life and harmonious development. And this prerogative should not be infringed even after a break in relations between parents.

So, if living separately, a child in Russia has the right to continue to communicate with both mom and dad, even if one of them lives in another country.

If spouses are deprived parental rights, then the state assumes responsibilities for development, education and upbringing. (Part 1 of Article 56 of the RF IC).

Most transactions in the event of parental divorce require consent from the guardianship authorities. Because the rules regarding property matters are followed very strictly.

When dividing property, the minor will be assigned his share. And until adulthood, no one can take away a child’s property.

In addition, upon reaching 14 years of age, children can dispose of their income as they wish.

Respect for children's rights in the Russian Federation is ensured by:

• Labor inspectors.

• Executive power.

• Child protection.

Violation of children's rights

You need to understand that by infringing on children's rights, adults can violate administrative and criminal norms.

Various offenses and abuses:

• Violence.

• Addiction.

• Alcoholism.

• Cruel treatment.

• Inadequate fulfillment of obligations to educate and create favorable conditions.

• And just a negligent attitude.

They can lead to the fact that the child is simply taken away from his parents (Article 69 of the RF IC). In addition, such offenses are punished; parents are subject to an administrative fine of 100-500 rubles.

If guardians shelter a minor and prohibit him from communicating with other relatives against his will, then a fine of 2,000 to 3,000 thousand is imposed on them.

In situations where the child’s legal representatives repeatedly break the law, the offender may be imprisoned for five days or ordered to pay a fine in the region of 4,000-5,000 thousand rubles.

In the case when the child’s representatives not only do not protect his interests, but also cruelly treat and mock him, then, according to Article 156 of the Criminal Code, such citizens are fined 100 thousand rubles or the income received for the year.

In addition to a fine, violators may be given correctional labor on average 440 hours or 2 years.

Parents who abused their child or forced them to engage in illegal activities may lose their freedom for up to 7 years. If involvement in fraud and other more serious violations occurred due to the fault of a group of people, then the mother or father may be imprisoned for 5-8 years .

There is a set of laws aimed at protecting the rights of children from information that could harm their mental and physical development generally.

For example:

• Promotion of alcoholic beverages.

• Tobacco products.

• Pornographic materials.

• Psychotropic substances.

Protection from this type of information is provided by the norms of the Administrative and Criminal Codes.

Guardians through whose fault the child started using psychotropic substances and alcohol, they can be imprisoned for 4 years, or arrested for six months.

The same punishment threatens if the parents forced the child to engage in vagrancy and begging.

What rights does a child have and at what age?

Children aged 6-14 years have civil legal capacity and have the right:

• Purchase goods in stores.

• Receive gifts.

• Manage funds issued for pocket expenses.

Until a child turns 14 years old, his parents or guardians are held accountable for various types of offenses.

A child's civil rights are granted at birth, but he or she can only be called fully capable upon reaching 18 years of age.

• At the age of 14, children already receive passports and, with the permission of their trustees, can earn their first money by combining work and study.

• In addition, a minor can defend his rights himself in judicial authorities and the prosecutor's office.

• From the age of 14 you can open a bank account, deposit money there and manage it. Also get the right of authorship for the work he made.

• If a child earns money on his own, then in case of violations or damage caused he bears financial responsibility.

• Also, for theft, beatings, and other offenses, a teenager can be brought to criminal liability.

• In addition to the above opportunities, sixteen-year-old children will already be able to ride a motorcycle and become a member of the cooperative. At this age, a child cannot be called fully capable, but if he gets married or becomes an entrepreneur, before reaching adulthood, he receives this right in full. In addition, such children may already be brought to justice under the Criminal Code of the Russian Federation and administrative responsibility, on a par with adults.

• At the age of 18, a child is fully capable, can bear responsibility on an equal basis with adults and work under the Labor Code of the Russian Federation on a general basis.

Let's sum it up

A child is initially a full-fledged person, he has his own rights and responsibilities, which are strictly observed by the law of the Russian Federation.

For a prosperous future, he needs the attention, care and protection of adults. And no one can take away a child’s right to communicate with people close to him, even if they are in another country. Children have the opportunity to express their opinions and desires, and in the event of violations of their interests, upon reaching the age of 14, they can independently seek help from higher authorities. A minor may also be charged with petty hooliganism, and other more serious violations.

Today we will talk about what rights a child has in Russia and what a child in Russia has the right to.

Only according to official data and only by hand own parents— 2.5-3 thousand children die in Russia every year.

According to other sources, unofficial data are many times higher - from 30 thousand to 200 thousand children. A very dramatic difference, but there is an opinion that the raising of the standards for unofficial information is due to the fact that we want to establish a Western model for the implementation of Juvenile Justice (hereinafter I will call JJ) as soon as possible.

According to official data alone, about 8 children die every day from violent causes (not only at the hands of their parents).

And this despite quite wide use Juvenile Justice, also on Russia’s desire to rule of law, to actually existing democracy.

What is the life of a child in Russia? What does a child in Russia have the right to? Let's talk about this.

I’ll say right away that life in Russia is no worse than for children. Contrasts like “we absolutely do not respect anyone’s rights” and “everything is great with us, Better conditions providing assistance, etc.,” which are maneuvered by those seeking political conflicts, are completely ridiculous. In Russia there is both one and the other, just like in any other country, among ordinary society. Without all the political spices - each case is individual, and often children’s lives are used for war between countries, between ideologies, pitting different layers society.

How much noise has been created around the ban on the adoption of Russian children by Americans (and other foreigners who were targeted because of hostility towards Americans)? Crowds of citizens fought for our children, screaming and clutching the throats of the damned and hated foreigners...

“We will not give our Russian angels to be torn to pieces by crazy monsters!!,” “We will fight for our little ones, we will protect them from the attacks of careless non-Russian parents!!” — how many such slogans filled the media recently. Who really wanted to help these children? They were used as a punching bag and forgotten. Many children have lost the opportunity for rehabilitation, normal life, but the main thing is that we defended our position.

According to statistics, only a few Russians adopt disabled children, and 9-10 times more of them were adopted into families by foreigners. Due to the ban on Americans adopting our children, for example, France also suffered. The medical capabilities in France and Israel are incomparable to those in Russia.

The pattern by which Russians choose adopted children is a healthy baby (baby) under 3 years old, preferably with fair hair... Teenage children, children with health problems, even children from 3 and especially 7 years old are not in demand. The only chance for decent life for them it was adoption by foreigners.

Well, they left thousands of children in their homeland, who is better off? There are more cases of murders of adopted children in Russia than abroad. And here there will definitely be those who will distort the whole situation into the right side: for example, they take several facts of murders of Russian children by foreigners and are silent about the much larger number of murders of Russian adopted children by Russian adoptive parents.

And in fact, in this context, no one cares about the children themselves; everyone is concerned about the tug of war and playing on the political front, even if it is trampling on the memory of children who have already died. The question should not be posed like this: “should we give our children to foreigners?”, but rather, “give them to people (it doesn’t matter whether they are foreigners or not)?”

IN foster family In Russia, in many ways, it is no safer than in a reception area abroad. The majority of Russians do not have the physical, material, or psychological capabilities to support, for example, an adopted disabled child (I don’t speak for everyone - there are heroes).

Have you ever heard of Russians accepting foreign disabled children into families? We cannot adopt our own healthy people over 7 years old (they say, they are already big, genes, etc.), but to adopt a disabled child of another nation, from another country - this is an extraordinary case.

Why did I start the topic of children’s rights specifically with orphanage children and specifically with the “sore issue” regarding the adoption of our children by foreigners? Because abandoned, street children and children from dysfunctional families- one of the most vulnerable categories not only among children, but throughout society.

And the “sore sore point” of defending the ban on foreigners adopting our children is an indicator that we have a child’s life: a child who has almost no chance in his native country is first “pushed” to foreigners, because certain time it was beneficial (no one is interested in the child’s opinion, and he still does not know how to soberly assess the situation), and then they are used as an instrument of political battles, left in an abandoned boarding school in some Uryupinsk, but for that “neither for themselves nor for the people” but they put an end to it - no one else needs this child.

Children have no rights, he is a puppet: sometimes they give him away easily abroad, sometimes they don’t let him do it for evil; the child himself and his life, his fate, few people sincerely care about.

According to the law, until the onset of legal capacity (more on this a little later), the child is represented by legal representatives, namely parents; if there are no parents or they are deprived of parental rights (limited rights) - specialists orphanage, boarding school. What do directors of orphanages and other officials involved in abandoned children often do? They use children for personal gain. They deprive you of their legal capacity and make you look like a psychopath. diagnoses, placed in mental hospitals, apartments taken away, etc.

And who will stand up for such children? For them, the parents are an orphanage, but they don’t know another life, where they have their rights, where everything could be different. In addition, in boarding schools and orphanages, children often grow up spiritually and mentally handicapped, not because they were born to alcoholics and other marginalized people, but because no one cared about them, they don’t know any other life, they don’t have any life guidelines.

Who can understand that, for example, a boy who is trying to mock the younger pupils of a boarding school was beaten himself?

There are a lot of children who were wrongfully and unfairly branded by officials with authority, who were placed in special institutions without having the right to do so. good reasons- then they essentially grow up to be plants, offended, inferior individuals (with their intellect intact), and commit crimes. This is how lives are ruined. Do they know and will they ever learn about their rights? The fact that in our country human life is proclaimed highest value? When their life is not more valuable than life kitten for the vast majority...

The same can apply to the lives of children living with their parents. Judging by statistics, children are often hostages in the hands of their own parents. Of course, the picture in our country, based on the reality that we see with our own eyes, is not as sad as, say, in Nigeria.

What can be done? You need to educate parents, not children. If guardianship and the police remove children from dysfunctional families, this seems to be salvation, but communication with the family is disrupted (it is clear that no mother and father are better than drunkards, etc.), as a result, the fate of the children often turns out no better than if they developed next to negligent parents.

Video “Dysfunctional families: who will protect the rights of the child?”:

Juvenile Justice is another poison served by the initiators and activists of the promotion of juvenile justice in Russia under the guise of good intentions. Of course, the question has arisen: “what to do with the increasing cases of lawlessness against children?” - here no less lawlessness came to the rescue - YuYu. This is actually not helping the family or children, but undermining the authority of parents and an opportunity for the child and unauthorized persons manipulate parents and society.

How many families has YuYu helped? If anyone was punished, then most likely there were a few guilty ones or they clung to stupid things in order to hurt a specific person or to make a “show off”, while the marginalized parents, the murderers of children, remained aloof from all YuYu. There is no middle ground, either impunity for monster parents, or punishment of all parents in a row - both good and bad.

Despite loud statements and cases in the media, a child sometimes has no more rights than an animal. Demonstrative scenes are staged from isolated situations, but the bulk of violations and crimes remain behind the scenes. Few people are interested in the ordinary everyday life of dysfunctional families. Despite the laws and so on, in reality it often turns out that for beating or abusing a child, the mother/father receives a reprimand, warning, fine, or correctional labor. Parental rights are deprived after several episodes improper execution

family responsibilities, expressed in malicious form, often even after the death of one of the children for violent reasons - the remaining children are left to live in the family (the culprit is put behind bars, the children remain, for example, with their mother, who finds a new monster who abuses children) and etc. Children often love such parents. But we have animal shelters, many animal aid organizations, there are laws that provide punishment for cruelty to animals (Article 245 of the Criminal Code of the Russian Federation) - and this is good, I would like more such help. However, we have almost NOTHING for bullying children.

How many beatings inflicted on a child by classmates have been filmed? How many parents openly bully their own children? In most cases, nothing happens for this.

“The Criminal Code of Russia has Article 156 “Failure to fulfill obligations to raise a minor.” There is an article. But this, it turns out, is not enough. There is such a thing as the practice of its application. After all, what is important is not what is written in the code, but how what is written is implemented.

This is where the most important thing begins. Law enforcement agencies do not want to bring cases unless one important detail is missing: the cruelty must be systematic.

That is, if the parents beat the child only once or twice and he did not become crippled, this is not a basis for initiating a case. If parents don’t feed their child for a week - they forgot, drank too much, or some other misfortune - this is also not a matter of concern. After all, there was no required consistency in the actions of relatives who loved to give in.

Interestingly, there is no mention in the law of the systematic nature of abuse. However, prosecutors and investigators refer to the courts: this is their requirement. It is impossible to understand where these demands in the courts came from. But one way or another: either give in to the system or get out. And besides, the article suffers from unprecedented tolerance. Punishment for child abuse is a fine of up to 40 thousand rubles, correctional or compulsory work

For petty theft you can get two years in prison, for car theft - for five, for tax evasion - you know. And for bullying a child - a slight fear. And what is especially disgusting: we're talking about about crimes committed by parents, teachers, doctors. That is, people who are obliged to take care of the child and protect him" .

Of course we are not last place In terms of cruelty towards children and the devaluation of children's lives, there are countries where everything is much worse. For example, in Nigeria, Brazil, especially in hungry Africa, mired in religious obscurantism, children can simply be thrown out, because it seems to parents that something has taken over the child. evil spirit, children often die in droves from hunger during disease epidemics.

“In 2012, at least 95 thousand children and adolescents were killed around the world. The most a large number of murders - 13 thousand - were recorded in Nigeria, followed by Brazil (11 thousand child deaths). Also included in the blacklist of countries were India, Democratic Republic

Congo, Mexico, Ethiopia, USA, Pakistan, Colombia and Venezuela. In addition to murders, the report talks about sexual violence committed against children. According to UNICEF, it affects about 120 million girls under 20 years of age. In addition, about 84 thousand married teenage girls became victims of emotional, physical violence

from their husbands." Legal capacity, legal capacity - such legal characteristics

, which become inherent to the child upon reaching adulthood (from 14 to 18 years old - limited legal capacity). Until then, his legal representatives are parents, guardians, and employees of orphanages with authority. “Children’s rights are a set of children’s rights enshrined in international documents

on children's rights. According to the Convention on the Rights of the Child, a child is a person under 18 years of age. The state has committed itself to protecting children, so they have the same rights as adults.

The child has the right to a family.

The child has the right to care and protection from the state if there is no temporary or permanent protection from the parents.

The child has the right to attend school and learn.

The child has the right to equality.

The child has the right to freely express his thoughts.

The child has the right to his own opinion.

The child has the right to a name and citizenship.

The child has the right to receive information.

A child has the right to protection from violence and abuse.

The child has the right to rest and leisure.

The child has the right to additional help from the state, if there are special needs (for example, children with disabilities disabilities).

Internationally and national level There are many special acts on the rights of the child. The main act on the rights of the child at the international level is the Convention on the Rights of the Child (New York, November 20, 1989) - a document on the rights of the child consisting of 54 articles. All rights included in the Convention apply to all children ».

The most prosperous countries, where the most adequate conditions for the birth and raising of a child, according to the international rating:

“In total, 60 countries of the world were assessed. The countries in the top five other than Sweden - Denmark, Canada, the Netherlands and Australia - scored the highest in eight categories: human rights, gender equality, family friendly, income equality, safety, average level happiness experienced by the population is good developed system public education and healthcare.

Nigeria, Kazakhstan, Pakistan, Iran and Algeria are recognized as the most unfavorable countries for families with children.”

Due to the fact that the state considers its priority task to prepare children for a full existence in society, and childhood itself is important life stage for a person, since the country’s policy is aimed at developing patriotism, increasing the birth rate and supporting large groups of society, the question arises about what rights a child has in the family and in society according to this.

General provisions on the rights of the child and their protection

In the Russian Federation, children’s rights and their protection are reflected and enshrined in many legislative sources different levels, such as the UN Convention on the Rights of the Child, the Constitution of the Russian Federation, the Codes of the country, as well as in some Federal laws. Most extensively personal rights children in the family and society of the Russian Federation are indicated in the Family Code and Federal Law 124 “On the basic guarantees of the rights of the child in the Russian Federation”.

In the legislation of the Russian Federation, children are citizens who have not yet turned 18 years of age. That is, they have not reached their majority.

General provision of children's rights is carried out in the Russian Federation in accordance with Federal Law 124. According to this, government bodies, officials of these institutions, parents and legal representatives, health workers, teachers, psychologists and other specialists involved in the upbringing, development or education of children must help protect their rights and interests.

The RF IC in Chapter 11 defines the rights minor children. Family law regulates their capabilities and powers both in the family and in society in general.

The right to live and be raised in a family

Article 54 of the RF IC provides for minor the right to live and be educated in a family. This means that in all cases, except those where the interests of children are violated or there is a threat to their life and health, minors can and should live with their parents, receive their attention, care and guardianship. Moreover, in the absence of a natural mother and father or their rights in relation to their own children are deprived, the child has the right to live and be raised in specialized children's institutions or in a foster family. In this state of affairs, priority is given family forms education, minors end up in orphanages in extreme situations.

Right to communicate with relatives

In addition to the provisions prescribed in Art. 54 of the RF IC, the rights of the child include his ability to communicate with all his relatives. If the parents are divorced and live separately (even if they are in different countries), children can communicate with both mother and father equally. And they cannot be limited in communications with grandparents, brothers, sisters, etc.

The rights of children in the family to communicate with relatives also include the child’s interaction with his parents in a situation where minors are under arrest, in medical institution by court order or in custody, in established by law ok.

The right to receive a surname, name, patronymic

Also, the rights of the child include the ability of children to have a first name, surname and patronymic. The legislator specifies that the first name is given by the parents, the last name is given by the one assigned to the mother or father, and the patronymic is given by the name of the child’s father. This is in cases where otherwise is not stipulated in the laws of the constituent entities of the Russian Federation (related to the traditions and customs of the regions).

If the parents cannot reach a consensus regarding the choice of full name, then the dispute is resolved by the guardianship and trusteeship authority. And in situations where the father is not identified, the mother chooses the name, the surname is assigned to her, and the patronymic is assigned according to the person recorded as the father according to the woman.

A child may have his last name and first name changed by agreement of the parents from the moment he reaches the age of 14. In this case, the surname can be changed to the surname of the other parent, and the first name - to any possible one.

If one of the parents is in prison, it is impossible to determine his whereabouts, he is incompetent, deprived of rights on a child or simply is not involved in the upbringing or development of a son/daughter, his opinion when changing his name (surname) is not taken into account. It is also worth considering that changing the data of children who have reached 10 years of age can only be done with their consent.

The right to express one's own opinion

Article 57 of the RF IC describes the child’s right to expression own opinion. According to this resolution, children can express personal thoughts orally, in writing or in any other form accessible to them about any issue that affects their interests.

The rights of the child also include the fact that their opinion can be heard and taken into account by the court during various types of meetings. As soon as a minor turns 10 years old, his position must be taken into account. Except in cases where the interests of the child are violated.

In particular, the court or guardianship authorities can make decisions only with the consent of children over 10 years old in the following matters:

change of first/last name;

restoration of parental rights;

adoption;

changing the full name of the adopted child when registering or canceling the adoption;

records of the adoptive family as mother and (or) father;

appointment of a guardian for the child.

The rights of children in the family and society to express their own opinions according to the UN Convention are given to the child regardless of his age. Children are considered to have the right to speak out on issues that affect them from the moment they are able to formulate their thoughts.

The right to own income and means of subsistence

The rights of a child in the family presuppose the presence and ability to use their own income and necessary means for existence.

Necessary means for subsistence are objects, food, clothing and others material values, children need for life, education and development. According to Art. 80 of the RF IC, parents are obliged to support own child, choosing the form and procedure for such provision independently.

If a child receives alimony from one of the parents, then the other adult raising him has the right to dispose of the benefits received in the interests of the minor. For example, funds can be spent on the upbringing, education and development of a son/daughter. The same goes for pensions and social security. payments in complete and single-parent families.

At the request of an adult, the court may establish a mandatory transfer of no more than 50 percent of paid alimony to a bank account opened in the name of a minor.

By own income, the legislator means cash, property or other material assets earned by the child personally, gifted to him or inherited. Children can use and manage such things and objects independently.

A child has the right to the property of his parents, but his parents do not have the right to his property. Living together, they can use and own each other's things by mutual consent.

In general, such rights of a child in the family are called property rights and they are spelled out in Article 60 of the RF IC. And if right common property adults and children, as well as when exercising the powers of parents to manage the property of minors in terms of ownership, disposal and use of them, it is worth turning to the Civil Code of the Russian Federation.

Right to defense

In addition to the fact that the rights of the child in the family are directly enshrined in law, they are also protected by certain provisions of the code. Namely, Article 56 of the RF IC establishes the procedure for protecting the interests of minors.

Protection of the rights of the child in the family is carried out by parents or legal representatives (guardians, adoptive parents). At the same time, the minor has the opportunity to protect himself from abuse by adults towards him.

If another person becomes aware that the rights and interests of a child have been violated, or that his life or health is in danger, the citizen is obliged to report this to the guardianship authorities. This rule especially applies to officials(teachers, health workers and other adults who have regular contact with these children).

The child himself can also contact this body on the relevant fact of violation. And from the age of 14 he can immediately apply to the court.

The guardianship and trusteeship authority, in turn, is obliged to respond to the received signal in a timely manner and take appropriate measures.

Administrative liability for violation of children's rights

Violation of the rights of a child in the family or in society entails certain consequences, such as criminal, disciplinary or administrative liability. In addition, parents or guardians inappropriately Those involved in the upbringing, development and education of their own children may be deprived of parental rights.

According to Article 69 of the RF IC, the grounds for this may include evasion of their duties (payment of alimony), refusal to pick up their child from the maternity hospital, medical organization and similar institutions, abuse of their powers, child abuse, alcoholism, drug addiction, their commission of crimes against the life or health of their own children or spouse.

Initially, adults who violate the rights and interests of a child, who do not perform or improperly perform their duties, are punished with a warning and administrative fine in the amount of 100 to 500 rubles.

If the child’s representatives violate his right to communicate with relatives, in order to hide the whereabouts of the minor, against his will, a sanction of two to three thousand rubles is imposed on these persons. In a repeated situation, the fine increases and ranges from four to five thousand rubles, or the violator is charged with up to five days of arrest.

Criminal liability for violation of children's rights

If improper upbringing of children is associated with ill-treatment, then, according to Article 156 of the Criminal Code of the Russian Federation, parents or persons who are entrusted with this duty, are punishable by a fine of up to one hundred thousand rubles or wages(income) of the person who committed the crime for one year. Sometimes by this fact parents (legal representatives) are assigned either compulsory labor for up to four hundred and forty hours, or correctional labor for up to two years.

Article 150 of the Criminal Code of the Russian Federation defines the responsibility of adults for involving children in criminal acts. If such a violation is committed by parents, they are charged with imprisonment for up to six years. If violence or threats occur, the punishment is from 2 to 7 years with or without restriction of freedom for up to 2 years.

In situations where involvement occurs in a crime, committed by a group persons, or is grave or especially grave, the mother and (or) father are sentenced to imprisonment for a term of 5 to 8 years with or without restriction of freedom for a term of up to 2 years.

Parents who involved their child in constant drinking of alcoholic beverages narcotic drugs, forced or contributed to the fact that a minor was vagrant or begging, are subject to restriction of freedom from 2 to 4 years or arrest for a period from 4 to 6 months.

Other rights of children

Thus, the RF IC is a kind of reminder for parents. The rights of the child in the family are highlighted here for greater clarity in a separate chapter.

But in addition to the basic powers of the child prescribed in the code, minors have rights enshrined in other legal sources, for example, the opportunity for diversified development, free school and preschool education, receiving medical care. Children can receive various types of benefits from the state. They, like any adult citizen, also have the right to respect for human dignity.

And also the rights of a child in the family presuppose the unhindered receipt and possession of information about who his parents are, in accordance with the UN Convention. The exception is some cases, for example, when children were born through artificial insemination, when using biological material from a special bank.

It is worth noting that the rights of a child in a foster family are no different from those granted to a child living with relatives.

Parents in such a family, in relation to the child adopted for upbringing, perform the duties of a guardian or trustee, have his rights and are responsible for failure to perform or improper performance of the functions assigned to them in the manner established by federal law and treaty.

Modern family and children's rights are inseparable related concepts, since the family is the natural habitat of children, and currently the law is very attentive to minors as the future of the country. They spend most of their time within the walls of their home, receiving education and support from their own parents. But in connection with individual cases where there are unscrupulous adults who improperly perform their duties, expose a child to danger, and sometimes openly mock him, the law must not only prescribe and regulate the relationships that arise in a given unit of society, but also purposefully protect the interests of minors - those citizens of the country who, due to their age, are weak, more vulnerable and often unable to defend their interests.

What and at what age are our children entitled to do? The child grows, and with him his rights grow, and then his responsibilities. Let's distribute them according to age scale.

0 – 9 years

The fact of the birth of a child immediately gives the child the right to a first name, patronymic and last name, the right to live and be raised in a family, to medical and social assistance and other fundamental rights, and imposes on his parents the responsibility for his maintenance and upbringing. At the same time, it gives the right to one of the parents to receive leave to care for a child until he reaches first 1.5 years, and then 3 years, and the parents also have the right to receive government payments and benefits and tax breaks.

Next, the child’s right to visit the nursery arises. preschool. But this right is exercised at the discretion of the parents. As stated in Art. 18 of the Law “On Education” (from 01.09.2013 it ceases to be valid due to the entry into force of the Federal Law “On Education in the Russian Federation”) “parents are the first teachers. They are obliged to lay the foundations of physical, moral and intellectual development child's personality in early childhood. There is a network of preschool educational institutions to help the family.”

But receiving a school education is already both the child’s right to this education and the responsibility of the parents to ensure that the child attends school. Parents are required to bring their child to school when they are no younger than 6 and no older than 8 years old. Naturally, we are not talking about individual cases when a child cannot begin education for health reasons, or is studying at home. The Law “On Education” does not contain the concept of “school education”; it calls such education general and divides it into primary general, basic general, secondary (complete) general education (Article 19 of the Law “On Education”). General education is mandatory. The requirement to obtain such education remains mandatory until the child reaches the age of 18. Exceptions to the general rule are allowed at the age of 15, as will be discussed below.

0 – 6 – 13 years

Provisions Civil Code RF forces us to retreat and pay attention to children with completely different age values.

In civil law there is such a term - “capacity”. This is the ability of any person, through his actions, to acquire to exercise his rights, create responsibilities for himself and fulfill them. Legal capacity can be complete, which is achieved in Russia at the age of 18, or partial.

Article 28 of the Civil Code of the Russian Federation defines the features of the partial legal capacity of minors, i.e. children under 14 years of age. The general rule of the article is that all transactions for minors are carried out by their parents or other legal representatives. However, there are exceptions to every rule. To those said article refers to the right of minors aged 6 to 14 years:

– make small household transactions on your own (simply put, go to the grocery store on your own, since the transaction must be for a small amount and be ordinary, everyday, everyday);

– the right to make transactions aimed at free receipt benefits that do not require notarization or state registration. Essentially it means receiving something as a gift. However, going through the options for this “something”, taking into account the requirement that there is no need for state registration or notarization of such a transaction, we come to the conclusion that it can be either movable property(computer, bicycle, dog, etc.), or vehicle(a car, which in itself is uncharacteristic, given the age of the child), or stocks, bonds, other assets and cash (not in all cases, because there are restrictions). Naturally, a child can also be given real estate, but he cannot accept such a gift himself, only through a legal representative. Minors also have the right to receive a publicly promised reward, since it is a transaction aimed at receiving benefits free of charge.

– the right to make transactions to dispose of funds provided to a minor for specific purpose or for free disposal. In essence, these are the same small household transactions, only from “ pocket money", or with the goal of buying a certain thing (new sneakers, new headphones, etc.)

10 years

Once a child reaches the age of 10, he or she has a number of very specific rights. Article 57 Family Code The Russian Federation states that a child has the right to express his opinion when deciding in the family any issue that affects his interests. The child’s opinion is also taken into account during any judicial or administrative proceedings. At the same time, the Family Code does not indicate minimum age, starting from which the child has this right (the right to express his opinion). The UN Convention on the Rights of the Child (Article 12) stipulates that this right is granted to a child who is able to formulate his own views.
However, from the age of 10, taking into account the child’s opinion becomes mandatory. Thus, the law eliminates the possibility of disputes about whether a child over 10 years old can or cannot formulate his or her opinion.

In cases provided for by the RF IC, 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. This is a change of first and last name, restoration of parental rights, consent of the adopted child to adoption, change of the surname, first name and patronymic of the adopted child, etc. (Articles 59, 72, 132, 134, 136, 143 RF IC). In practice, the child’s opinion must also be taken into account when considering such important issues as deprivation of parental rights and determining the child’s place of residence with one of the parents in the event of their separation, determining the order of communication of the child with close relatives.

The very word “consent” used by the law is conditional, because the child’s opinion, i.e. his consent or disagreement may be accepted or may be ignored if the court concludes that the child’s opinion is contrary to his interests. This mainly refers to the opinion of children who have just crossed the age of 10 and understand adult issues in their own way. Naturally, a child aged 14-15 years will be able to express his opinion motivatedly and with some evidence that he is right.

14 years

With the onset of 14 years of age, the child receives a whole “bouquet” of the most various rights. And not only right. The very first and obvious thing is that the child develops new document– passport of a citizen of the Russian Federation. In accordance with the “Regulations on the Passport of a Citizen of the Russian Federation,” all citizens of the Russian Federation who have reached the age of 14 years and living in the territory of the Russian Federation are required to have a passport. The documents required to obtain a passport must be submitted to the relevant authorities no later than 30 days from the date on which the citizen turns 14 years old.

Living without a passport is an administrative offense. But it is still impossible to bring a 14-year-old to administrative responsibility. Therefore, if a person between the ages of 14 and 16 (precisely “before”) does not have a passport, his parents bear administrative responsibility, as well as for whole line the sins of their growing children.

You cannot be held administratively liable. But it’s possible to go criminal. Not for all crimes provided for by the Criminal Code of the Russian Federation, but for a number of the most common and serious ones. At the same time, for several years now there has been a discussion about the possibility of lowering the age of criminal responsibility for murder and causing bodily harm varying degrees gravity. It is proposed to reduce the age to 12 years. This is due to big amount wild and brutal murders committed by teenagers aged 9 to 14 years.

Let's get back to the good stuff. Article 63 Labor Code The Russian Federation allows the possibility of concluding an employment contract with a student who has reached the age of 14 to perform work in his free time from school. easy work. This requires the consent of one of the parents (the law does not regulate the situation in any way when the second parent is against the child’s employment) and the guardianship and trusteeship authority.

The same article of the Labor Code of the Russian Federation provides that even before reaching the age of 14 it is possible to conclude an employment contract, but only in cinematography organizations, theaters, circuses, and concert organizations. In this case, the employment contract is signed on behalf of the minor by his parent. Why is it not the child himself who signs the contract? The explanation for this can be found in Article 28 of the Civil Code of the Russian Federation, already known to us, and in the section of this article entitled “0-6-13”.

Article 26 of the Civil Code of the Russian Federation defines the features of partial legal capacity of minors aged 14 to 18 years. Many scientific works and practical comments are devoted to the issue of partial legal capacity. We will not delve into the theory of civil law and will focus on the most fundamental and significant features of the legal capacity of persons over 14 years of age.
First of all, minors aged 14 to 18 years make transactions with written consent their parents (or other legal representatives). Thus, to complete a transaction or other legally significant action, a document signed by both the minor himself and a document signed by his legal representative is required. It is possible to combine these two documents in one, it all depends on the requirements of the body to which the relevant documents are submitted.

And paragraph 2 of the same article 26 provides a list of transactions that teenagers have the right to make independently. First of all, these are the same small household and other transactions that minors under the age of 14 have the right to make.

But in addition to this, minors aged 14 to 18 years have the right to enter into transactions to dispose of their earnings, scholarships and other income (for example, from employment entrepreneurial activity, use of rights to results intellectual activity, dividends on shares, etc.). Regarding the application of this norm, many questions arise, in particular, whether it is possible to attribute a specific payment to such income. Yes, by letter Federal service Insurance of the Russian Federation dated April 25, 2000 N 02-18/07-2804 "On a review of answers to questions on the application of the Federal Law of July 24, 1998 N 125-FZ" a positive answer was given to the question of whether minors have the right to dispose amounts of insurance payments for the loss of a breadwinner.
Also, minors at this age have the right to independently make contributions to credit institutions and dispose of them. If everything is clear regarding the right to “introduce”, then there is no such clarity regarding the right to “dispose”. There is a rule of law, quite unambiguously formulated by the legislator, but there is no clarity. The reason for this internal instructions banks. Knowing full well that spending money by a minor from his own account can lead to some kind of conflict situation with his parents, and for the sake of imaginary purity banking operations banks are reinsured by requiring the consent of the guardianship and trusteeship authority to remove such Money. To the question “Where does this requirement come from?” the operator will answer: “We have instructions, and all questions should be directed to the head office.” Sberbank of Russia has been particularly successful in drawing up such instructions.

Also, minors aged 14 to 18 years have the right to independently exercise their copyrights, however this norm finds infrequent use in life.

In general, it should be noted that issues related to the right of minors over 14 years of age to independently perform certain legal acts meaningful actions, arise constantly. There are essentially two reasons: the wording of the provisions of Art. is too general. 26 of the Civil Code of the Russian Federation, and the desire of specific bodies and officials to play it safe (even in the case of a very obvious violation of the norms of the same Civil Code of the Russian Federation).

Also individual cases regulation of the legal capacity of minors over 14 years of age can be found in separate laws. So, in accordance with paragraph. 2 tbsp. 2 of the Law of the Russian Federation of July 4, 1991 N 1541-1 “On privatization housing stock in the Russian Federation" residential premises in which exclusively minors aged 14 to 18 years live are transferred to their ownership upon their application with the consent of parents (adoptive parents), trustees and guardianship authorities.

Returning to Possibility independent disposal with your income, it should be noted that there is (clause 4 of Article 26) the possibility of judicial procedure restrictions or deprivation of the right of a minor aged 14 to 18 to independently manage their earnings, scholarships or other income. The grounds for this include minors spending their earnings, scholarships or other funds on the purchase of alcoholic beverages, narcotic drugs, gambling, participation in religious sects, as well as other systematic expenses entailing physical, mental, moral damage normal development teenager The duration of this restriction or deprivation is determined by the court. IN otherwise This provision is valid until the teenager acquires full legal capacity.

15 years

There is no radical change in the scope of a minor’s rights with the onset of their 15th birthday. Let us note two interrelated points.

In accordance with the provisions of Art. 19 of the Law “On Education”, with the consent of parents (legal representatives), the commission on minors’ affairs, a student who has reached the age of fifteen years can leave educational institution before receiving general education.

Also by decision of the governing body educational institution for crimes committed repeatedly gross violations The charter of an educational institution allows for the exclusion from this educational institution of a student who has reached the age of fifteen years. Expulsion of a student from an educational institution is applied if educational measures have not produced results and the student’s continued stay in the educational institution has a negative impact on other students, violates their rights and the rights of employees of the educational institution, as well as the normal functioning of the educational institution.

In conjunction with the above provisions of the Law “On Education” are the provisions of Article 63 of the Labor Code, which establish that persons who have reached the age of 15 have the right to enter into an employment contract (independently, without anyone’s consent, as provided for upon reaching the age of 14 age) to perform light labor in cases of leaving a general education institution or studying in a form of education other than full-time.

16 years

One of the most major changes– a person who has reached the age of 16 may be subject to administrative liability. The range of acts for which criminal prosecution is possible is also expanding.

A 16-year-old citizen finally reaches the age at which it is permissible to conclude an employment contract without anyone’s consent and additional conditions. The same Article 63 of the Labor Code tells us this. In addition, there is no employment test for persons under 18 years of age ( probation). This is established by Article 70 of the Labor Code of the Russian Federation. Article 242 of the Labor Code of the Russian Federation limits the limits financial liability an employee under 18 years of age. The Labor Code also contains Chapter 42, which is devoted to the specifics of regulating the labor of workers under the age of 18.

Upon reaching the age of 16, minors also have the right to be members of cooperatives in accordance with the laws on cooperatives, namely the Housing Code of the Russian Federation, Federal laws dated December 8, 1995 N 193-FZ "On Agricultural Cooperation", dated May 8, 1996 N 41-FZ "On production cooperatives", dated July 18, 2009 N 190-FZ "On Credit Cooperation", dated December 30, 2004 N 215-FZ "On Housing Savings Cooperatives", as well as the Law of the Russian Federation dated June 19, 1992 N 3085-1 " On consumer cooperation (consumer societies, their unions) in the Russian Federation", etc.

Also, upon reaching 16 years of age, a reduction in the marriageable age and emancipation is possible.

Reducing the marriageable age, set at 18 years, is possible, as noted in Article 13 of the Family Code, “if there is good reasons" The law does not contain a list of these reasons, even an incomplete one. Practice has developed its own list of reasons: pregnancy or childbirth; conscription of the groom into the army; circumstances that threaten the life of one of the future spouses, and so on. The most common reason is by far the bride's pregnancy. Permission to lower the marriageable age is issued by the guardianship and trusteeship authorities. Since the law does not specify specific reasons, the guardianship and trusteeship authority in each specific situation determines whether a particular reason is valid.

Emancipation, i.e. declaring a minor person fully capable (and we remember about general rule - partial legal capacity persons aged 14 to 18 years) is provided for by the provisions of Article 27 of the Civil Code of the Russian Federation. Emancipation is carried out by decision of the guardianship and trusteeship authority with the consent of both or the only parent, if the minor works under employment contract or is engaged in entrepreneurial activities.

Marriage before reaching the age of 18 leads to the same consequences as emancipation - a citizen acquires legal capacity in in full. Wherein full legal capacity is not lost if the marriage is dissolved before the person reaches 18 years of age.

A little about responsibility

With the increase in the rights of the child, which he can independently exercise, the scope of his responsibility also increases. But the amount of parental responsibility for a child decreases with age. Responsibility differs into administrative, criminal, and civil. Civil liability, in turn, is divided into liability for transactions concluded by minors and liability resulting from causing harm. We have already spoken about the administrative liability of minors and their parents, we will keep silent about the criminal liability, but here is the material about civil liability- ahead.