Already at birth, every person is endowed with a number of rights, the list of which not only increases as he grows up, but is also supplemented by responsibilities.
In Russia, as in the USSR, children aged from birth to 18 years are recognized as minors. At the same time, their physical, mental and psycho-emotional development during this time is significantly different.
Thus, an infant is not able to care for himself and is completely dependent on his parents, and at the age of 16 a teenager can not only work, but also, in exceptional cases, start his own family. In this case, both the first and the second are usually called minors.
Parental responsibility and rights of children under 14 years of age
Children are considered minors from birth to 14 years of age. Responsibility for their upbringing, development and financial well-being falls entirely on the shoulders of the parents.
Material damage caused by a teenager at a given age to third parties must also be paid for from the funds of the father, mother or guardian. The criminal code does not apply to children at this age.
Children over 14 years of age have the right:
- Grow and develop in your family. Be a full member of it, communicate with all relatives and express your opinion on all family issues.
- To protect his interests in cases of infringement of his rights and the use of cruelty on the part of his parents.
- To receive financial support (receipt of benefits, alimony).
- For free education and medical care, which are provided in accordance with the articles of the Constitution of the Russian Federation.
- Free travel on public transport is provided to children under 7 years of age.
- Having reached 10 years of age, the opinion of the minor is taken into account at court hearings. For example, when determining his place of residence, in the event of parental divorce.
Up to what age are children considered minors in Russia?
When a person’s legal capacity is not complete, the representation of his interests is entrusted to other persons (guardians, trustees, parents). It is worth considering that the age of majority does not transfer to other citizens.
Many citizens wonder at what age is a person considered a child? A child is a person under the age of eighteen who is under the protection of government agencies and official guardians (parents, relatives, trustees).
Adolescence
The baby gets older, and at 14 years old it is time to get a passport.
It is from this moment that he has the opportunity to find a part-time job, but for this he must obtain the consent of his parents. However, he can devote only a few hours a day to her.
The teenager can deposit all the money he earns into an account in any bank in Russia. He also gets the opportunity to go to court and defend his interests at its meetings. Participate in the privatization of the apartment by giving your written consent.
Please note: minors cannot be hired for jobs with heavy physical exertion, financial responsibility or production with hazardous chemicals.
Responsibility of minors under 14 years of age:
- Criminal liability for particularly serious acts committed.
- Administrative responsibility falls on the shoulders of the minor and is reimbursed at his own expense, partly at the expense of his parents.
Children aged 16 years have partial legal capacity. They can be sexually active and, under special circumstances, enter into an official marriage.
A teenager can be recognized as fully capable if he is an entrepreneur or works on the basis of an employment contract. A sixteen-year-old person bears responsibility for criminal and administrative offenses in the same way as an adult.
The age of a minor child in Russian criminal law
Can a convicted minor be given a suspended sentence again? According to the law, this is possible, especially if the crime committed by the latter does not fall into the category of serious acts. When assigning a new suspended sentence, the court may apply other educational measures to the guilty teenager, control over the implementation of which is entrusted to the executive inspection body.
The age of a minor child is taken into account by the court as a mandatory mitigating circumstance when sentencing. This rule is enshrined in the Criminal Code. In this way, the state’s humanity and mercy towards juvenile offenders is demonstrated. After all, very often they commit their illegal acts thoughtlessly and spontaneously. In addition, this often happens under the influence of adults who intimidate teenagers. It is also taken into account that the psyche of young citizens is not yet fully formed. Therefore, sometimes they commit atrocities in order to show others that they are already adults and independent.
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Coming of age
Coming of age in Russia occurs at the age of 18, although in different countries of the world people who turn 19, and sometimes 21, are considered adults. It is from this moment that full legal capacity begins.
A citizen can without hindrance purchase alcohol and tobacco products in stores and appear on the street at night without being accompanied by an adult. At any age, a teenager can be left an inheritance, but he will be able to receive it according to the law only upon reaching the age of 18, when his full legal capacity begins.
To do this, you need to issue an appropriate certificate. If the testator and the heir lived in different places, he will have to go to the city where his benefactor lived and do the paperwork there.
Watch the following video about the rights of teenagers:
A minor child is the legal age
Application form for obtaining a passport, sample of filling out an application for obtaining a passport. The concept of a minor implies a certain list of restrictions. such citizens are not prohibited, but only with the presence of their parents or with their written consent.
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So, criminal liability can only occur for persons who understand the social significance and nature of their actions. Therefore, criminal liability of minors who do not understand the consequences of their actions is considered unnecessary cruelty.
Legal capacity of minors (minors aged 6 to 14 years)
Article 28 of the Civil Code of the Russian Federation does not allow minors, that is, citizens who have reached 14 but not 18 years of age, to make any transactions, even if their parents are not against them. If there is a need for a transaction in the interests of the child, it must be carried out on behalf of his legal representative.
The following categories of transactions are exceptions:
- small household;
- transactions involving the gratuitous receipt of benefits by minors (acceptance of property as a gift);
- disposal of money provided by parents or other adult citizens (in the latter case, with the knowledge and consent of the parents).
In other words, a young child can independently buy food or toys, accept gifts and spend his parents’ money - of course, if they themselves gave it to him.
Important: all responsibility for the actions of a young child, including those that caused any harm to other persons, lies with his parents (or those who replace them - guardians, adoptive parents).
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A 14-year-old child is already an adult
Despite the fact that the age at which marriage is permitted, according to the RF IC, comes with the age of 18, there are also exceptions to this rule. If there is a valid reason, you can get married with the permission of the subject of the federation as early as sixteen years old and the bride is pregnant.
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Rights of children before and after adulthood The main role in protecting the rights of the child is given to legal representatives, that is, parents. At the same time, this responsibility also rests with government agencies, law enforcement agencies and municipal institutions.
In the USA, two schoolchildren were seduced by a teacher
The minor told the police that at first he and Gersond simply kissed in the car, and then entered into an intimate relationship. The young man said that he wanted to stop the meetings, but the teacher literally did not give him a way, all the time pestering him with endless calls. Soon the schoolboy marked the woman’s number with a “black list”.
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It is reported that Kimberly Gersond met one of the schoolchildren two years ago, when he came to pick up his younger brother from school. The teenager got hold of the teacher's phone number, after which they began communicating by phone. Then this communication turned into regular meetings between the schoolboy and the woman in the latter’s car.
Legal status of minors and minors under the civil legislation of the Russian Federation
Before talking about the legal status of a child in the sphere of civil relations, it should be noted that civil legislation, establishing the rights and responsibilities of a child, uses two such terms: “minor”, due to age, is recognized as a citizen from the moment of birth until the age of 14, and “minor” » between the ages of 14 and 18 years. This is due to the different scope of opportunities to independently implement the rights and obligations provided for by law due to the psychological maturity of the child.
One of the basic concepts of civil law is the concept of subjects of law, i.e. persons acting as participants in public relations (property and personal non-property). Civil legislation recognizes every person as a subject of civil law, regardless of his age and state of health. Consequently, a minor, like any other citizen of the Russian Federation, has legal personality, i.e. recognized as a subject of civil legal relations.
The ability to have civil rights and bear responsibilities is called civil capacity. Civil legal capacity is recognized equally for all citizens, arises at the moment of his birth and ends with death. Every person has legal capacity; he is legally capable throughout his life, regardless of age and state of health.
According to Art. 17 of the Civil Code of the Russian Federation, a citizen under the age of 18 has the same legal capacity as an adult, i.e. equal opportunity to have civil rights and bear responsibilities.
When determining the content of the legal capacity of citizens, the law pays attention to the main rights, an approximate list of which is enshrined in Art. 18 of the Civil Code of the Russian Federation, which provides that a citizen can:
- have property on the right of ownership;
- inherit and bequeath property; engage in business and any other activity not prohibited by law;
-create legal entities independently or jointly with other citizens and legal entities;
- make any transactions that do not contradict the law and participate in obligations;
-choose a place of residence;
-have the rights of authors of works of science, literature and art, inventions and other results of intellectual activity protected by law;
-have other property and personal non-property rights.
According to civil law, children and parents who live together do not have ownership rights to each other's property, but they can, however, own and use each other's property by mutual consent. In the event of the emergence of the right of common shared ownership of parents and children, their relations are regulated by the general norms of civil law.
Minors, on an equal basis with adults, have the same personal non-property rights, such as the right to life and health, honor and dignity, business reputation, privacy, the right to a name, etc. (Article 150 of the Civil Code of the Russian Federation). All these rights are inalienable and non-transferable.
Deprivation and limitation of a citizen’s legal capacity is impossible except in the case and in the manner established by law. Expanding the concept of legal capacity, it is first necessary to dwell on the definition of “full legal capacity”.
Full legal capacity is the ability of a citizen, through his actions, to acquire and exercise any property and personal non-property rights permitted by law, to assume and perform any duties, i.e. exercise his legal capacity in full.
According to paragraph 1 of Art. 21 of the Civil Code of the Russian Federation, such legal capacity arises upon reaching the age of 18. However, the law provides two exceptions to this rule.
Firstly, a person who, by way of exception, enters into marriage before reaching 18 years of age acquires full legal capacity from the time of marriage (Clause 2 of Article 21 of the Civil Code of the Russian Federation).
Secondly, a minor who has reached the age of 16, according to Art. 27 of the Civil Code of the Russian Federation can be declared fully capable if he works under an employment contract, including a contract, or, with the consent of his parents, adoptive parents or trustees, is engaged in entrepreneurial activity and is registered as an entrepreneur. Declaring a minor fully capable, called emancipation, which means release from dependence, which is carried out by decision of the guardianship and trusteeship authority with the consent of both parents, adoptive parents or trustee, and in the absence of such consent, by a court decision. The purpose of emancipation is to free a minor from the need to each time obtain consent from legal representatives to enter into transactions.
A minor can be declared fully capable only in cases where this corresponds to his level of development and meets his interests.
Citizens aged 6 to 14 years and citizens aged 14 to 18 may have incomplete (partial) legal capacity.
The legal capacity of minors is regulated by Art. 28 Civil Code of the Russian Federation. As a general rule, only their parents, adoptive parents or guardians can make transactions for them and on their behalf.
Minors have the right to carry out the following transactions on their own:
1) Small household transactions.
These transactions must be appropriate to the age of the child, involve the payment of small amounts or the transfer of items of little value, and be carried out at the expense of the parents (adoptive parents, guardian). Household transactions are understood as transactions aimed at satisfying the usual needs of a minor (purchase of food, stationery, etc.);
2) Transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration.
First of all, this refers to gift agreements, according to which a minor receives some property (thing, money) as a gift. In addition, it is also possible to receive any thing for free use;
3) Transactions involving the disposal of funds provided by a legal representative or with his consent by a third party for a specific purpose or for free disposal.
Minors aged 14 to 18 years are considered to be tortious, i.e. themselves are responsible for property damage caused by their actions. However, if a minor does not have property or earnings sufficient to compensate for the damage, the damage in the appropriate part must be compensated by his parents, unless they prove that the damage did not arise through their fault.
Minors have the right to independently, without parental consent:
- manage your earnings, scholarships and other income;
- to exercise the rights of the author of works of science, literature or art, inventions or other results of his intellectual activity protected by law;
- in accordance with the law, make deposits in credit institutions and manage them; - make small household transactions and other transactions provided for in paragraph 2 of Art. 28 of the Civil Code of the Russian Federation, which are permitted for minors from 6 to 14 years old.
If a minor aged 14 to 18 years has made a transaction that goes beyond his legal capacity, without the written consent of his legal representatives or their subsequent approval, then such a transaction may be declared invalid by the court at the request of the parents,
adoptive parents or guardian of a minor (Article 175 of the Civil Code of the Russian Federation).
A minor aged 14 to 18 years may be limited or deprived of partial legal capacity.
According to paragraph 4 of Art. 26 of the Civil Code of the Russian Federation, if there are sufficient grounds, the court, at the request of parents, adoptive parents or trustees or the guardianship and trusteeship authority, may limit or deprive a minor of the right to independently dispose of his earnings, scholarship or other income. Spending money for purposes contrary to the law and moral standards (purchasing alcoholic beverages, drugs, gambling, etc.), or spending it unreasonably, without taking into account the needs for food, clothing, etc., should be recognized as sufficient grounds.
The period for restricting the legal capacity of a minor is established by the court, otherwise the restriction is valid until the minor reaches 18 years of age or until the restriction is lifted by the court at the request of those persons who applied for the restriction.
A minor child is age
The age of minor children in Russia may be regulated under certain circumstances. There are situations where legal capacity is acquired before the age of eighteen. These moments should include:
Here we can summarize briefly what was written earlier. So, children from 14 to 18 years old are considered minors. The latter have partial legal capacity. A teenager will be held responsible for crimes in Russia when he reaches 14 years of age (for certain types of acts). Until this age, a child is considered a minor.
