1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:

1) manage your earnings, scholarships and other income;

3) in accordance with the law, make deposits in credit organizations and manage them;

4) carry out small household transactions and other transactions provided for.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws.

3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm caused by them, such minors are liable in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body, may limit or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income, except for cases where such a minor has acquired full legal capacity in accordance with or with.

Commentary to Art. 26 Civil Code of the Russian Federation

1. The commented article defines the features of the partial legal capacity of minors aged 14 to 18 years and who have not become fully competent as a result of marriage (see) or.

This type of legal capacity is interpreted as incomplete, partial, and sometimes limited legal capacity.

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ConsultantPlus: note.

The textbook “Civil Law: In 4 volumes. General part” (volume 1) (edited by E.A. Sukhanov) is included in the information bank according to the publication - Wolters Kluwer, 2008 (3rd edition, revised and expanded).

Civil law: Textbook: In 2 volumes / Ed. E.A. Sukhanov. 2nd ed., revised. and additional M.: Wolters Kluwer, 2004. T. 1.

2. In almost all countries, the age and extent of legal capacity of minors differ. Thus, there are three categories of states: 1) recognizing all minors as completely incompetent (France, Belgium, Luxembourg); 2) establishing restrictions on legal capacity until reaching the age of majority, regardless of age (Great Britain, USA, Germany); 3) identifying several age groups of minors, differing in the scope of their legal capacity (Poland, Czech Republic, Armenia, Ukraine).

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See: Mikhailova I.A. Civil legal personality of individuals: problems of legislation, theory and practice: Author's abstract. dis. ... doc. legal Sci. M., 2006. P. 22.

3. Clause 1 of the commented Article 26 of the Civil Code of the Russian Federation provides for transactions by teenagers aged 14 to 18 years with the written consent of their legal representatives, which can be given both before and after the transaction. In some cases, such consent must actually be given before the transaction. For example, in accordance with clause 29 of the Methodological Recommendations on the procedure for state registration of rights to real estate and transactions with it, approved by Order of the Ministry of Justice of Russia dated July 1, 2002 N 184, in accordance with clause 2 of Art. 17 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”, in cases established by the legislation of the Russian Federation, additional documents necessary for state registration may be submitted for state registration, in particular: permission (consent) of the guardianship and trusteeship authority for the dacha by legal representatives (parents, adoptive parents, trustees) consent to minors aged 14 to 18 years and citizens recognized by the court as having limited legal capacity to dispose of property (, ; clause 3 of article 60 of the RF IC). In the absence of such consent, the transfer of rights to real estate will not be registered.

4. When certifying transactions involving minors, incapacitated or not fully capable, the notary checks for the consent of their legal representatives and (or) the guardianship and trusteeship authority to complete the transaction, when this is required in accordance with the law (for example, paragraph 1 of Article 26, clause 2 of article 37, etc.), which is provided for in clause 18 of the Methodological Recommendations for the performance of certain types of notarial acts by notaries of the Russian Federation, approved by Order of the Ministry of Justice of Russia dated March 15, 2000 N 91.

5. A transaction made by a minor aged 14 to 18 years without the consent of his parents, adoptive parents or guardian, in cases where such consent is required in accordance with Art. 26 of the Civil Code of the Russian Federation, is contestable and according to it can be declared invalid by the court at the claim of parents, adoptive parents or a trustee. If such a transaction is declared invalid, the rules provided for are applied, i.e. each party to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to return what was received in kind, to reimburse its value in money. The capable party is obliged, in addition, to compensate the other party for the actual damage it has suffered if the capable party knew or should have known about the incapacity of the other party.

6. Paragraph 2 of the commented article provides a list of transactions that teenagers have the right to make independently.

The first category includes transactions to dispose of one’s earnings, scholarships and other income (for example, from doing business, using rights to the results of intellectual activity, dividends on shares, etc.). Alimony represents funds for the maintenance of minor children (clause 2 of Article 80 of the IC of Russia) and can also be considered as the income of a minor. Minors can dispose of their income with certain restrictions, which apply, in particular, to transactions for the acquisition of real estate and other things that go beyond small household items. A minor does not have the right to make a will, including with the consent of legal representatives, since this transaction is of a personal nature (). If we turn to foreign experience, in Spain a will can be made by any person who has reached the age of 14, in Slovenia and Montenegro - 15, in France, Germany, Serbia and Croatia - 16.

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See: Gushchin V.V., Dmitriev Yu.A. Inheritance law and process: Textbook. M.: Eksmo, 2005. P. 27.

In addition, it must be taken into account that in accordance with paragraph 1 of Art. 37 of the Civil Code of the Russian Federation, not only the citizen, but also his legal representatives do not have the right to independently dispose of the income of a ward citizen, which gives rise to a contradiction with subsection. 1 clause 2 of the commented article 26 of the Civil Code.

Many questions arise regarding the application of this norm. Thus, by letter of the Federal Insurance Service 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 of the amounts of insurance payments for the loss of a breadwinner.

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Economics and life. 2000. N 25.

7. The second group of transactions is related to the exercise of the rights of the author of a work of science, literature or art, invention or other result of intellectual activity protected by law. Other results in accordance with include: execution, utility models, industrial designs, topologies of integrated circuits, selection achievements, production secrets (know-how). Among the transactions, primarily agreements on the alienation of exclusive rights, licensing agreements, order agreements (for example, an author's order agreement). In addition, a minor aged 14 to 18 years has the right to independently take actions related to the acquisition of author rights, in particular, submit applications for inventions and other objects to the federal executive body for intellectual property. However, this provision does not limit the right of a minor to be recognized as the author of a work, regardless of age.

8. In accordance with the law, minors aged 14 to 18 years have the right to make deposits in credit institutions and manage them. . According to the bank deposit agreement, one party (the bank), which accepted the sum of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner provided for by the agreement . However, a minor does not have the right to make a testamentary disposition provided for.

Minors aged 14 to 18 years have the right to make small household and other transactions that minors have the right to make (see).

9. Upon reaching the age of 16 years, 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 of December 8, 1995 N 193-FZ “On Agricultural Cooperation”, dated May 8, 1996. N 41-FZ “On production cooperatives”, dated August 7, 2001 N 117-FZ “On credit consumer cooperatives of citizens”, 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.

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Collection of legislation of the Russian Federation. 1995. N 50. Art. 4870.

Collection of legislation of the Russian Federation. 1996. N 20. Art. 2321.

Collection of legislation of the Russian Federation. 2001. N 33 (part 1). Art. 3420.

Collection of legislation of the Russian Federation. 2005. N 1 (part 1). Art. 41.

Russian newspaper. 07/17/1997. N 136.

Other regulatory legal acts may contain rules specifying the elements of partial legal capacity of minors aged 14 to 18 years. So, in accordance with paragraph. 2 tbsp. 2 of the Law of the Russian Federation of July 4, 1991 N 1541-1 “On the privatization of 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 their parents (adoptive parents) ), trustees and guardianship authorities.

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Gazette of the SND and the Supreme Soviet of the RSFSR. 1991. N 28. Art. 959.

10. There is no special norm in the Civil Code of the Russian Federation that would determine the need for a legal representative to give consent to a minor aged 14 to 18 years to waive the right of pre-emption to purchase a share in the right of common ownership of property or the refusal of the legal representatives of a minor under the age of 14 years from the specified rights. This provision is specified in paragraph. 4 clause 8 of the Instruction on the procedure for state registration of the rights of minors to real estate and transactions with it, approved by Order of the Ministry of Justice of the Russian Federation of July 20, 2004 N 126, which provides that when conducting a legal examination of documents and checking the legality of the transaction, it is necessary to establish, whether, in accordance with the legislation of the Russian Federation, preliminary permission (consent) of the guardianship and trusteeship authority is required, including in cases where a legal representative gives a minor aged 14 to 18 years of consent to waive the right of pre-emption to purchase a share in the right of common ownership of property or refusal legal representatives of a minor under the age of 14 from the specified right.

The above provision was the subject of consideration by the Supreme Court of the Russian Federation. In support of the claim, the applicant pointed out that the contested provision contradicts Art. , violates his right to state registration of a valid contract for the sale and purchase of a 1/6 share in the ownership of an apartment, in compliance with the law and executed by the parties, and the transfer of ownership of the specified share to him, since one of the co-owners of this apartment is a minor, and then, that not a single federal law requires the provision of permission (consent) provided for by the contested norm for a minor to waive the preemptive right to purchase a guardianship and trusteeship authority under any circumstances.

Refusing to satisfy the complaint, the Supreme Court of the Russian Federation noted that the duty of the guardianship and trusteeship authorities to protect the interests of minors follows from paragraph 1 of Art. 7 of the Federal Law of July 24, 1998 N 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation”, which establishes that government bodies of the Russian Federation, government bodies of the constituent entities of the Federation, officials of these bodies, in accordance with their competence, promote the child in the implementation and protection of his rights and legitimate interests, taking into account the age of the child and within the scope of the child’s legal capacity established by the legislation of the Russian Federation through the procedure for protecting the rights established by the legislation of the Russian Federation.

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Collection of legislation of the Russian Federation. 1998. N 31. Art. 3802.

According to paragraph 1 of Art. 26 of the Civil Code of the Russian Federation, minors aged 14 to 18 years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

The contested norm, which requires the permission (consent) of the guardianship and trusteeship body in the event that a legal representative gives consent to a minor aged 14 to 18 years to waive the preemptive right to purchase a share in the right of common ownership of property, must be considered in conjunction with, which establishes the preemptive right purchases in the event of alienation of a share in the right of common ownership, thereby protecting the interests of the remaining participants in shared ownership associated with the ownership and disposal of common property, since it puts them in a privileged position in relation to outsiders.

Refusal of the pre-emptive right to purchase is an action that entails the termination of the right of the renunciated person arising from the relations of common ownership and, accordingly, the seller’s obligation to sell the alienated share to him, as well as the emergence of the seller’s right to alienate a share in the common property to another person chosen by him.

Actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized as transactions ().

Consequently, the refusal of the pre-emptive right of purchase belonging to the ward, entailing a reduction in the scope of his rights as a participant in the common shared property, applies to transactions for which, by virtue of clause 2 of Art. 37 of the Civil Code of the Russian Federation requires prior permission from the guardianship and trusteeship authority.

Failure to comply with this requirement of the law may result in a violation of the rights of a minor belonging to him in connection with participation in common property. In particular, if a parent, being along with him a participant in common property, expresses his consent to the transaction with the intention of using this right himself to the detriment of the interests of the child, or when the other parent insists on the exercise by a minor who has sufficient funds for the purchase of the pre-emptive right to acquire the alienated property. shares, or when the legal representative and the minor are mistaken about the consequences of renouncing the existing right to acquire a share, etc.

The applicant's argument about the violation of the requirements of Art. 1 is unfounded, since in this case the rights to enter into a transaction for the alienation of a share in common property, in which a minor is a participant, are limited by the above-mentioned norms of the Federal Law, and not by the contested norm adopted in their development and corresponding to them.

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Decision of the Supreme Court of the Russian Federation dated August 15, 2007 N GKPI07-737 “On the refusal to satisfy the application to recognize partially invalid the fourth paragraph of paragraph 8 of the Instruction on the procedure for state registration of the rights of minors to real estate and transactions with it,” approved. By Order of the Ministry of Justice of Russia of July 20, 2004 N 126.

11. Clause 3 of Article 26 of the Civil Code of the Russian Federation establishes the liability of minors aged 14 to 18 years, and not only for transactions that they have the right to make independently, without the consent of parents, adoptive parents, or guardian (clause 2 of Article 26 of the Civil Code), but and for transactions made by them with the written consent of parents, adoptive parents, trustees or without such consent, but with subsequent written approval of the transaction by these persons (clause 1 of Article 26 of the Civil Code). The presence of the written consent of a parent, adoptive parent or guardian to complete a transaction is not the basis for imposing property liability on these persons for non-fulfillment or improper fulfillment of a contract by a minor, except in cases where a surety agreement was concluded in accordance with it. At the same time, parents, adoptive parents or a trustee may bear property liability for non-fulfillment or improper fulfillment of the contract in the event that a minor aged 14 to 18 years does not have income or other property sufficient to compensate for damage. Thus, in accordance with the case when a minor aged 14 to 18 years does not have income or other property sufficient to compensate for damage, the damage must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, unless they prove that the harm was not their fault. If a minor citizen aged 14 to 18 years, left without parental care, was placed under the supervision of an organization for orphans and children, this organization is obliged to compensate for the damage in full or in the missing part, unless it proves that the damage did not arise due to its guilt. The obligation of parents (adoptive parents), a guardian and the relevant organization to compensate for damage caused to minors aged 14 to 18 years terminates when the person causing the harm reaches the age of majority, or in cases where before reaching adulthood he acquired income or other property sufficient for compensation for harm, or in cases where he acquired legal capacity before reaching adulthood.

At the same time, parents, adoptive parents and trustees must bear responsibility not only for property, but also for moral damage caused by minor children.

A court may hold a parent deprived of parental rights liable for harm caused by his minor child within three years after the parent is deprived of parental rights, if the child’s behavior that caused the harm was the result of improper performance of parental responsibilities (Article 1075 of the Civil Code).

12. Paragraph 4 of this Article 26 of the Civil Code indicates the possibility in court of limiting or depriving a minor aged 14 to 18 years of the right to independently dispose of their earnings, scholarship or other income. As sufficient grounds for this, one can consider the expenditure of earnings, scholarships or other funds by minors on the purchase of alcoholic beverages, drugs, gambling, participation in religious sects, as well as other systematic expenses that entail physical, mental, and moral harm to the normal development of a teenager. . The duration of this restriction or deprivation is determined by the court. Otherwise, this provision is valid until the teenager acquires full legal capacity. An application for restriction or deprivation of a minor aged 14 to 18 years of the right to independently dispose of his earnings, scholarship or other income must set out the circumstances indicating that the minor has clearly unreasonable disposal of his earnings, scholarship or other income. In these cases, the application is not required to indicate the purpose of limiting or depriving a minor aged 14 to 18 years of the right to independently manage their income, since it has no legal significance.

13. The procedure for restricting or depriving such a right is determined by Chapter. 31 Code of Civil Procedure of the Russian Federation. According to Art. 281 of this Code, a case on restriction or deprivation of a minor aged 14 to 18 years of the right to independently dispose of his earnings, scholarship or other income may be initiated on the basis of an application from parents, adoptive parents or a trustee or a guardianship and trusteeship authority. An application for restriction or deprivation of a minor aged 14 to 18 years of the right to independently dispose of their income is submitted to the court at the place of residence of this citizen. The court considers an application for restriction or deprivation of a minor aged 14 to 18 years of the right to independently dispose of his earnings, scholarship or other income with the participation of the citizen himself, the applicant, the prosecutor, and a representative of the guardianship and trusteeship authority. The applicant is exempt from paying the costs associated with the consideration of an application to limit a citizen’s legal capacity, to recognize a citizen as incompetent, to limit or deprive a minor aged 14 to 18 years of the right to independently manage their income. The court, having established that the person who filed the application acted in bad faith for the purpose of knowingly unjustified restriction or deprivation of the legal capacity of a minor citizen, recovers from such person all costs associated with the consideration of the case. The decision to limit or deprive a minor aged 14 to 18 years of the right to independently dispose of their income is the basis for the receipt of the minor’s income in whole or in part by his legal representatives - a parent, adoptive parent, or guardian.

Full text of Art. 26 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 26 of the Civil Code of the Russian Federation.

1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:
1) manage your earnings, scholarships and other income;
2) exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
3) in accordance with the law, make deposits in credit organizations and manage them;
4) make small household transactions and other transactions provided for in paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws.
3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm caused by them, such minors are liable in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body, may limit or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income, except for cases where such a minor has acquired full legal capacity in accordance with paragraph 2 of Article 21 or Article 27 of this Code.

Commentary on Article 26 of the Civil Code of the Russian Federation

1. By virtue of paragraph 1 of the commented article, minor citizens aged fourteen to eighteen years have the right to:
- independently carry out transactions specified in paragraph 2 of the commented article;
- make other transactions with the written consent of their legal representatives - (in this case, consent can be obtained both before and after the transaction).

2. Paragraph 2 of the commented article contains an exhaustive list of transactions that minor citizens from fourteen to eighteen years of age have the right to carry out independently. As follows from the content of this part of the commented article, this category of citizens has the right to independently carry out all transactions provided for minor citizens (see Article 28), as well as carry out other transactions:
- manage your income;
- to be the authors of the result of their intellectual activity;
- have deposits in banks and other credit institutions;
- from the age of sixteen - be members of cooperatives.

Please note that the activities of cooperatives, as well as the procedure for joining them, are regulated by the following laws:
- Housing complex of the Russian Federation;
- Federal Law dated July 18, 2009 N 190-FZ “On Credit Cooperation”;
- Federal Law of April 15, 1998 N “On horticultural, gardening and dacha non-profit associations of citizens”;
- Federal Law dated December 8, 1995 N 193-FZ “On Agricultural Cooperation”;
- Federal Law of December 30, 2004 N 215-FZ “On Housing Savings Cooperatives”;
- Federal Law dated 05/08/96 N 41-FZ “On Production Cooperatives”.

3. The category of minor citizens under consideration bears property liability for all transactions specified in the commented article. If, in the process of executing transactions or in another case, minors caused harm to someone, then they also bear responsibility for this harm independently, taking into account the features provided for in Art. 1074 of the Civil Code of the Russian Federation. Namely, if a minor does not have enough property to compensate for the harm, then the harm is compensated in full or in the missing part by his legal representatives (or an organization for orphans), unless they prove that the harm did not arise through their fault.

In the event that, for the reasons stated above, compensation for damage is entrusted to the legal representatives of the minor, it should be taken into account that this obligation ceases:
- upon reaching the age of majority by the person who caused the harm;
- in cases where a minor, before reaching the age of majority, acquired income or other property sufficient to compensate for the harm;
- if a minor, before reaching adulthood, acquired legal capacity by virtue of clause 2 of Art. 21 and (or) art. 27 Civil Code of the Russian Federation.

4. The commented article provides for the possibility of restricting or depriving minor citizens from fourteen to eighteen years of age who have not acquired full legal capacity by virtue of paragraph 2 of Art. 21 and Art. 27 of the Civil Code of the Russian Federation, the right to independently dispose of their earnings, scholarships or other income. Deprivation or limitation of this right is carried out in court in accordance with Chapter 31 of the Code of Civil Procedure of the Russian Federation. Such a case is initiated by the court on the basis of an application from the parents, adoptive parents or trustee or the guardianship and trusteeship authority. The application is submitted to the court at the place of residence of the minor. The application should set out the circumstances indicating that the minor was clearly unreasonable in disposing of his or her earnings, stipend or other income.

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Civil Code, N 51-FZ | Art. 26 Civil Code of the Russian Federation

Article 26 of the Civil Code of the Russian Federation. Legal capacity of minors aged fourteen to eighteen years (current version)

1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:

1) manage your earnings, scholarships and other income;

3) in accordance with the law, make deposits in credit organizations and manage them;

4) make small household transactions and other transactions provided for in paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws.

3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm caused by them, such minors are liable in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body, may limit or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income, except for cases where such a minor has acquired full legal capacity in accordance with paragraph 2 of Article 21 or Article 27 of this Code.

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Commentary to Art. 26 Civil Code of the Russian Federation

Judicial practice under Article 26 of the Civil Code of the Russian Federation:

• The agreement is renewed annually on the same terms by default of the parties. Before concluding a new agreement, the relations of the parties are regulated in accordance with the terms of the previously concluded agreement (clause 1 of Article 9, clause 2 of Article 26 of the Electricity Law, clauses 12, 32 of Rules No. 861). Grid organizations provide electricity transmission services both through the UNEG and through territorial distribution networks...

• Decision of the Supreme Court: Determination N 309-ES15-10537, Judicial Collegium for Economic Disputes, cassation

  The applicant referred to the inconsistency of the courts’ conclusions with Articles 616, 779, 781 of the Civil Code of the Russian Federation, Articles 3, 26 of the Law on Electric Power Industry, the provisions of Rule No. 861, as well as violations of procedural law, expressed in the failure to examine all the evidence presented in the case file and the incorrect application of the rules on prejudices...

• Decision of the Supreme Court: Determination N VAS-2518/13, Collegium for Civil Legal Relations, supervision

  Failure to comply with the notarial form entails the invalidity of the transaction. Notarization of the transaction is not required in cases of transfer of a share to the company in the manner prescribed by Articles 23 and 26 of the Law of distribution of shares between company participants and sale of shares to all or some company participants or third parties in accordance with Article 24 of the Law, as well as when using the pre-emptive right to purchase by sending an offer to sell a share or part of a share and its acceptance in accordance with paragraphs 5 - 7 of this article...

1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:

1) manage your earnings, scholarships and other income;
2) exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
3) in accordance with the law, make deposits in credit organizations and manage them;
4) make small household transactions and other transactions provided for in paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws.

3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm caused by them, such minors are liable in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body, may limit or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income, except for cases where such a minor has acquired full legal capacity in accordance with paragraph 2 of Article 21 or Article 27 of this Code.

Commentary on Article 26 of the Civil Code of the Russian Federation

1. The commented article, dedicated to the legal capacity of minors from 14 to 18 years of age, consistently regulates their transactional capacity (clauses 1, 2) and delictual capacity (clause 3), and the limitation of their legal capacity (clause 4). It does not apply to minors who have become fully capable (clause 2 of Article 21 and Article 27 of the Civil Code) and minors (Article 28 of the Civil Code). Minors aged 14 to 18 years (hereinafter referred to as minors) have partial legal capacity: they can independently enter into transactions in compliance with the requirements of the law and bear civil liability. Minors can independently complete any transaction. The law does not establish restrictions on the transaction itself (its value, form, subject, other conditions), but requires its agreement with the parents (adoptive parents) or guardian of the minor. The will of at least one parent (adoptive parent) is sufficient: a) cases when the law requires the consent of both parents (adoptive parents) are known, but then the need for reciprocity and the consequences associated with it are directly stated (paragraph 2, paragraph 1, art. 27 Civil Code); b) there may be only one parent (adoptive parent); c) family legislation is based on the principle of equality of rights and responsibilities of parents (adoptive parents) in relation to children (clause 1 of article 61, clause 1). Therefore, the rule of paragraph 1 of Art. 26 regarding the reference to parents (adoptive parents) in the plural requires a restrictive interpretation. There is usually only one trustee, but if there are several trustees, they, unlike parents (adoptive parents), must act simultaneously, and if the conduct of the case is entrusted to one of the trustees, he must have powers of attorney from the other trustees (clauses 6 - 8 of Art. 10 of the Guardianship Law). No one else (grandmother, grandfather, older brother or sister, etc.) has the right to approve the transaction of a minor, unless, of course, he is a trustee. The approval of the transaction must be in writing (paragraph 1, paragraph 1, article 26); consent can be given before the transaction, during its completion and subsequently (paragraph 2, paragraph 1, article 26).

The law does not say anything about the essence (form of expression) of consent - it is enough that it definitely indicates that the parents (adoptive parents) or guardian know and do not interfere with the transaction of the minor, and the transaction itself must receive proper individualization in order to avoid disputes about the identity of the agreed and perfect . The requirement for written approval of a transaction is fundamental to its legal quality, however, the absence of the fact of approval or oral approval of the transaction only entails its disputability - to declare it invalid, the factual composition is required: a) from the initiation by parents (adoptive parents) or a trustee of the judicial procedure for recognizing it as invalid; b) their proof in court of the relevant fact (lack of consent); c) a court decision to annul the transaction (clause 1 of Article 175 of the Civil Code); Other important rules are also known (see, for example, paragraph 2 of Article 181 of the Civil Code).

2. General requirement of paragraph 1 of Art. 26 knows a number of exceptions when a minor can independently and without approval make transactions; their exhaustive list contains clause 2 of Art. 26. First of all, this is the disposal of a minor’s income - earnings, scholarships, fees, dividends, winnings, etc. (hereinafter referred to as income). The law does not answer the question of whether a minor can dispose of property acquired with this income (beyond the framework of small household and other transactions that even minors can independently carry out). In modern economic and legal conditions, its positive solution is beyond doubt, taking into account, among other things, the fact that the income referred to in sub. 1 item 2 art. 26, which comes at the independent disposal of a minor, can be either monetary or in kind.

A minor can dispose of his income subject to the following restrictions: a) he cannot make administrative transactions prohibited by law (for example, dispose of his money in the event of death, since posthumous disposal of property is possible only through a will, and the testator is required to have full legal capacity) (p . clause 1, 2 of article 1118 of the Civil Code); b) he can dispose only of those incomes that have already been received by him or are due to him, i.e. the right to which he has already acquired (therefore, the acquisition of property by a minor on credit against future earnings will require agreement with the parents, adoptive parents, and guardian).

In addition to what has been said about income, minors can independently: a) exercise the rights of the author of a work of science, literature or art, invention or other result of their intellectual activity protected by law; b) make deposits in credit institutions and manage them (however, a minor can dispose of a deposit made in the name of a minor by another person (Article 842 of the Civil Code) only with the consent of the parents, adoptive parents, or guardian); c) make all those transactions that minors can make (Article 28 of the Civil Code); d) from the age of 16, exercise the full range of membership rights and responsibilities in cooperatives (Articles 107 - 112, 116 of the Civil Code). The list of what a minor is allowed to commit independently is exhaustive.

3. Minors are independently responsible for completed transactions and for damage caused (clause 3 of Article 26). The liability of a minor for all completed transactions (clauses 1 and 2 of Article 26) is limited to his property; his parents (adoptive parents) or guardian are not responsible for his transactions, even if they consented to their completion, and since the approval of the transaction does not mean a guarantee of its execution; all possible risks of losses from such transactions outside the scope of the minor’s property fall on his counterparty.

On the contrary, according to paragraph 3 of Art. 26 and art. 1074 of the Civil Code, when minors cause harm and they have no (insufficient) income or property, their parents (adoptive parents) or guardian (including a guardian by law - an organization for orphans and children left behind) are involved in compensation for harm (in full or in part). without parental care - paragraph 4 of Article 35 of the Civil Code), however, unlike minors, it is impossible to hold educational, medical and other organizations under whose supervision the minor was temporarily and which are not his guardian (for example, schools - cf. clause 3 of Article 1073 of the Civil Code). The liability of these persons: a) is subsidiary (Article 399 of the Civil Code); b) rests on fault (parents, adoptive parents, trustees are held accountable unless they prove that the damage was not their fault - clause 2 of Article 1074 of the Civil Code); c) terminates when the minor (the main defendant) reaches adulthood, as well as in cases where before that moment he acquired income or other property sufficient to compensate for the harm, or he acquired full legal capacity in accordance with paragraph 2 of Art. 21 and Art. 27 of the Civil Code (clause 3 of Article 1074 of the Civil Code). Subsidiary defendants are responsible for their own guilt, expressed in the costs (disadvantages) of raising a minor or controlling (supervising) him, and therefore have no right of recourse (clause 4 of Article 1081 of the Civil Code).

4. The legal capacity of minors may be limited by the court in a special proceeding (subparagraph 4, paragraph 1, article 262, chapter 31 of the Code of Civil Procedure) for any sufficient reason (cf. paragraph 4, article 26 with paragraph 1, paragraph 1, art. 30 of the Civil Code), including bad habits and unreasonable spending of money (on the Internet, computer programs, collecting, etc.) to the detriment of pressing everyday issues (purchasing clothes, food, etc.). The sufficiency of the grounds depends on the discretion of the applicant - parents (adoptive parents), trustee, guardianship and trusteeship authority. The application is submitted to the court at the place of residence of the minor. The statement must set out the circumstances demonstrating his clearly unreasonable disposal of income. The court considers this application with the participation of the minor, the applicant, the prosecutor, and a representative of the guardianship and trusteeship authority. The applicant is exempt from paying the costs associated with the consideration of this application, however, the court recovers all costs from the applicant if it determines that he acted in bad faith for the purpose of knowingly unjustified restriction of the legal capacity of a minor (clauses 3, 4 of Article 281, clause 3 of Art. . 282, ).

The meaning of limiting the legal capacity of minors is to limit or deprive them of the right to independently dispose of income (subparagraph 1, paragraph 2, article 26), while neither their other capabilities, named in paragraph 1 and subparagraph, can be limited. 2 - 4 p. 2 tbsp. 26, nor their delict capacity (clause 3 of Article 26). The choice between restriction and deprivation of the right to freely dispose of income depends on the wishes of the applicant, the circumstances of the case and the discretion of the court. After the legal capacity of a minor is limited, his income is received by his parents (adoptive parents) or guardian (in part or in full), while the minor himself can dispose of it only with their consent.

Taking into account the uncertainty in paragraph 4 of Art. 26 and in ch. 31 of the Code of Civil Procedure for a number of specific issues, as well as the fact that the restriction of legal capacity applies to persons from 14 to 18 years of age, the sanction of paragraph 4 of Art. 26 is valid: a) until the minor acquires full legal capacity (including in accordance with paragraph 2 of Article 21 and Article 27 of the Civil Code); b) until it is canceled by the court; c) within the period specifically established in the court decision. Rule clause 4 art. 26 is the opposite of the rule in Art. 27 of the Civil Code: the first contains a special educational measure and sanction, the second - an incentive (stimulating) measure.

Article 26. Legal capacity of minors aged fourteen to eighteen years

1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:

1) manage your earnings, scholarships and other income;

3) in accordance with the law, make deposits in credit organizations and manage them;

4) make small household transactions and other transactions provided for in paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws.

3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm caused by them, such minors are liable in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body, may limit or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income, except for cases where such a minor has acquired full legal capacity in accordance with paragraph 2 of Article 21 or Article 27 of this Code.