Rights and responsibilities of children and their parents in the legislation of the Russian Federation; methodological development

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Published: 08/13/2018

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The birth of a baby initially does not burden him with any obligations, but does endow him with a certain list of rights. The rights of a child are guaranteed not only by regulations in force in the country of his residence, but also by legislative documents signed at the international level.

• Rights of minor children
• Regulatory documents on children's rights
• Basic rights of minor children
• Responsibilities of children towards parents
• Protecting children from illegal actions of parents

All children, without exception, are endowed with rights, the violation of which is punishable.

Rights of minor children

Children are considered to be persons under 18 years of age. It is this category of citizens that is subject to legislation in the field of children's rights. Every little resident has the right to be a member of a family and be raised in a circle of loving relatives (Article 54 of the Family Code of the Russian Federation), with whom there should be no prohibition on communication (Article 55 of the RF IC). The habitual presence of a first and last name for every person also relates to the interests of the child (Article 58 of the RF IC). Each person is a separate person, and therefore everyone, including children, can have a personal opinion (Article 57 of the RF IC). Children also have property rights and, of course, can claim the protection of all their legitimate interests (Article 56, Article 60 of the RF IC).

In some families, the interests of children are significantly violated. In such cases, the law provides for the right of children to protection (Article 56 of the RF IC). It is available not only to children whose parents are raising them, but also to those minors for whom adoptive parents or guardians are responsible.

Minor citizens must be protected from such unlawful actions:

• humiliation;
• forced conversion;
• neglectful attitude towards his upbringing;
• use of child labor , which has a detrimental effect on the health of the child;
• involvement in drinking alcoholic beverages and using drugs;
• corruption of minors;
• other actions towards the child that violate his rights and interests.

If a child suffers from the unlawful actions of his parents or guardians, he can independently contact the guardianship and trusteeship authority with a complaint against them.

And if the child is already 14 years old, then he can even file a lawsuit, citing failure to fulfill the duties of the parents or their abuse of their rights in relation to him.

Mutual Duties of a Christian. 6. Family Responsibilities.

The purpose of those who have entered into marriage is to sacredly observe in the eyes of God the concluded union, mutually promote moral and spiritual success and share the burdens of life and, then, raise children, if God blesses them ( Prof. M. Olesnitsky. Moral Theology, §71 , page 259

).

Upon entering into marriage, the spouses made a promise in front of the Church of fidelity to each other until the end of their lives. Therefore, the first duty of spouses is mutual fidelity, which should extend even to the depths of the movements of the heart, since “everyone who looks at a (strange) woman with lust has already committed adultery with her in his heart” (Matthew 5:28). With this betrayal (to one’s spouse), adultery begins in the heart and in practice. Marital infidelity is the main evil that produces disorder and destruction of the family and family happiness ( Proprietor P. Solyarsky. Moral Theology. §139, pp. 373–374

). The Apostle points out to Christians: Let marriage be honorable for all Christians and the bed undefiled.” Those who cheat and defile the purity of the marital bed are “fornicators and adulterers God will judge” (Heb. 13:4), “Adulterers will not inherit the kingdom of God” (1 Cor. 6:9-10).

Adultery is the most shameful vice and entails the most disastrous consequences. It destroys the sanctity of the marital union. A person guilty of adultery inflicts the most severe injury on the other spouse. An adulterer causes harm to another person by seducing and corrupting a married person. Adultery steals the parental heart from children, gives them a shameful example of temptation, lays the foundation for endless family discord and, in general, destroys all domestic well-being. That is why in the Old Testament, adultery was punishable by death (Lev. 20:10).

1) In Christianity, the indissolubility of marriage is firmly established, except for the guilt of adultery (1 Cor. 7:10–11; Matt. 5:32), but if, for example, a fallen wife repents, then it will be a “great sin” on the part of the husband not to forgive her ( Shepherd Hermas, In the writings of the apostolic men, p. 238). His Eminence Theophan (Govorov) writes: “One legal reason for divorce is indicated - the infidelity of the spouses; but what if something like this opens up? Be patient (cf. 1 Cor. 7:11). We have a universal commandment to bear each other’s burdens, the more willingly such close persons as spouses should fulfill it mutually. The reluctance to endure (and forgive) stirs up trouble... What is the mind given for? Smooth out the path of life. It is not satisfied not because of the lack of other goals in life other than sweets” (thoughts for every day of the year. St. Petersburg, 1896, p. 440).

The strength of marriage, which provides a barrier to rampant passions, depends on religious conviction in the sanctity and inviolability of marriage as a sacrament.

Loyalty does not require, of course, that spouses withdraw into themselves, forgetting the people around them: then their love would take on an egoistic character, the character of “family egoism.”

Loyalty establishes trust. Infidelity, although only suspected, gives rise to suspicious jealousy, which drives away peace and harmony and destroys family happiness. Fidelity, and in general true marital love, excludes unaccountable suspicion, blind and passionate jealousy, for which any free action of another person seems to be a violation of marital fidelity.

Not to be jealous is a sacred duty, but at the same time it is also a great feat of Christian spouses, a test of their marital wisdom and love.

In marital love, especially at the beginning, there is, without a doubt, a sensual side, an attraction to sensual beauty, which, in normal marital love in a Christian marriage, conveniently gives place to spiritual and purely related spiritual unity and love. Where this is not the case, married life, being only sensual, pampers and corrupts a person, lulls the spirit, increases voluptuousness (and sensuality), and thus gives rise to cruelty and many other vices and almost reduces a person to an animal; on the contrary, the same married life serves to raise the moral order, to strengthen spiritual energy, to educate and develop humanity and holy love, produces the fullness of happiness where sensuality is moderated by monogamy (and abstinence), where the grace of God spiritualizes sensual attraction and sensual union and gives them the highest spiritual and moral purpose in the life of the couple. The sensual union, serving as a support for the spiritual union, in turn is ennobled, sanctified, spiritualized by this latter” ( Prof. Belyaev. Divine Love, p. 383

).

Without spiritual love and unity, “carnal love is very easily suppressed for the most unimportant reason, because it is not strengthened by spiritual sensation” ( Blessed Diadochos, Bishop Photiki. Ascetic Word. Christian Reading, 1827, 28, 16

).

Signs of non-passionate, pure and sober love are: sincere affection of spouses for each other, lively participation and sympathy, prudent compliance and condescension, mutual consent and peace, mutual assistance and assistance in all matters, especially peace and inviolable agreement, preventing displeasure and quickly eliminating them if they arise. Finally, a sign of true love is mutual trust, when you can undoubtedly rely on one and trust the other in everything.

Spouses must share everything between themselves. And this requires complete and sincere frankness in their relationships with each other. Lack of frankness indicates incomplete love. Where there is no sincere mutual trust and frankness, there will be no unity, suspicion settles there, mutual love cools and little by little disagreement, discord, and finally alienation and division arise.

Spouses must help each other, take a lively mutual part in their activities, in family joys and sorrows, support each other in bearing the Christian cross under all circumstances and occasions of life on the thorny path to the Kingdom of God.

Since those married, like all people, have many shortcomings and weaknesses, the duty of the spouses is mutual patience and prudent condescension towards their shortcomings and weaknesses, especially vices ( without patience, condescension and generosity, often the slightest trifle turns into a dividing wall ( Bishop Theophan, Thoughts for every day of the year, page 440

).

Christian family, according to the teachings of St. Basil the Great, should be a school of virtue, a school of self-denial. Bound by feelings of love, spouses should exert mutual kind influence, self-sacrifice and patiently enduring each other's character flaws. “Whoever truly loves another person will certainly try to improve him morally. And above all, every married person must take care of eliminating his own shortcomings, especially those that are unpleasant to the other married person.” And spouses will find countless favorable cases for mutual beneficial influence ( Prof. M. Olesnitsky. Cited op., pp. 260–261

).

In a pure, true Christian marriage, we are dealing with the mystery of the great renunciation of our own egoistic “I” not only for the sake of the wife or husband, but also for the sake of future people - the family. Those who marry take on the enormous responsibility of taking care of themselves with much greater vigilance than before, “to walk pure and blameless in the sight of their children.” Father and mother are morally obliged to remember that their every unkind movement or word (especially deed) is repeated and internalized by the soul of their children whom they gave to the world and the Church.

Due to the fact that the well-being of spouses and the Christian upbringing of children depend on the degree of spiritual unity, it is clear how important unity of faith and outlook on life has always been and is in marriage. Marriage unity ap. Paul likens it to the union of Christ with the Church. But if the marriage union united a believing spouse with an unbeliever, or vice versa, then will the two be one despite the difference and separation in the main and highest things - in faith, in prayer, in the sacraments, in the view of raising children, in relationships with others, in hopes for the future? life? (Prot. St. Ostroumov. To live is to serve love. Ed. 2, St. Petersburg, 1911, pp. 208–209. The 3rd century writer Tertullian wrote: “like a wife, having entered into marriage, she can serve two masters - God and her husband, if the husband is not a Christian? An unbeliever husband wants to follow the customs of the world, loves appearance, luxury, amusements. How can a wife please both such a husband and God? She will also encounter constant obstacles in the implementation of piety. If she needs to fulfill a religious duty, the husband will oppose her with some - some public duty, a worldly triumph. And he needs to celebrate! He will not allow her to visit the refuge of abject poverty where brothers in faith languish. He will not allow her to participate in the Lord's Supper, the subject of such vile slander. He will not allow her to cross the threshold of prison to kiss the chains of martyrs "If any outside co-religionist needs hospitality, he will have to be refused. It is necessary to provide zealous alms - also counteraction" (Quoted from Ostroumov, p. 209).

Here Tertullian writes about Christians marrying pagans and unbelievers. But in the early times of Christianity, there were many cases of only one spouse turning to Christ after marriage. For such cases, the Apostle Paul gave the following advice: “To the rest I say, and not the Lord: if a brother has an unbelieving wife and she agrees to live with him, then he should not leave her; and a wife who has an unbelieving husband, and he agrees to live with her, should not leave him; For the unbelieving husband is sanctified by the believing wife, and the unbelieving wife is sanctified by the believing husband. Otherwise your children would have been unclean, but now they are holy. If an unbeliever wants to get a divorce, let him get a divorce; brother and sister are not related in such cases; The Lord has called us to peace. Why do you know (believing) wife whether you will save your (unbeliever) husband? Or are you a husband, why do you know if you won’t save your wife?” (1 Cor. 7:12–17).

Thus, the apostle here gives a rule not for those entering into marriage, but for those who have already been married before accepting the gospel preaching. At the same time, the married life of a believer’s wife with an unbelieving husband does not turn into illegal cohabitation because she believed; on the contrary, this marriage and her husband in the marital relationship were sanctified by her faith. Conversely, an unbelieving wife is “sanctified” by a believing husband. In the same respect, children from such marriages are not unclean, illegitimate, but “holy.” With such an explanation, the apostle calmed the troubled conscience of some Christians, preventing divisions and disintegration of families.

The natural act of cohabitation in such a marriage in itself has nothing unclean: lustful desires make it unclean in fornicators and adulterers. Therefore, the apostle commanded to live peacefully in a marriage union with infidels. But he legalized it under the condition of mutual consent. The believing party should not give reasons for divorce. But, if an unbelieving husband does not want to live with a Christian wife (or vice versa) and offers or forces him to renounce Christianity, to return to his former wickedness, then for the sake of peace and to avoid discord and quarrels in the family and falling away from the faith, it is better for them to separate, and in such cases the believer a husband or a believing wife is free from the yoke of marriage and free from accusations (see Bishop Theophan. Interpretation of 1 Cor. 7:12–15).

As for the private responsibilities of each spouse, they follow from the general doctrine of marriage.

According to the teachings of St. According to Scripture, the husband is the head of the wife and family, and the wife is submissive to her husband. “Wives, submit to your husbands as to the Lord, for the husband is the head of the wife, just as Christ is the head of the church” (Eph. 5:22–23–33). This does not mean that the wife is inferior to her husband in moral or personal dignity (in this respect they are completely equal: “the male sex and the female sex are one in Christ Jesus” (Gal. 3:28; 1 ​​Peter 3:7); the headship of the husband is a natural and direct consequence of the natural properties of a man and a woman; “the strength of a husband in relation to his wife lies in his mental and volitional superiority; and the power of a wife in relation to her husband lies in her devotion, requests, sadness, tears” (Prof. M. Olesnitsky Moral Theology §71, p. 261) And there cannot be two heads in a house (back in ancient times (in the 4th century BC), the philosopher Aristotle noted that every family home should have management under one head ( husband), and not two persons on an equal footing.

“Because equality,” says St. John Chrysostom, - often leads to quarrels, God has established many types of superiority and subordination, such as: between husband and wife, between son and father, between elder and youth, between superior and subordinates, between teacher and student. And should one marvel at such an establishment between people, when God established the same thing in the body? (Compare 1 Cor. 12:22–25). For He has so arranged that not all members have equal dignity, but one is inferior, another is more important, and one governs, others are governed. We notice the same thing among the dumb: among bees, among cranes, among herds of wild sheep. Even the sea is not devoid of amenities, but even there, in many genera of fish, one controls and leads the others, and under her command they go on distant journeys. On the contrary, lack of beginning is evil everywhere and produces confusion” (John Chrysostom. Conversations on the last to Romans. Conversation 28). And from life experience it is known that the will of a woman, by nature willful and prone to despotism, must obey her husband (Martensen. Christian teaching on morality. Vol. II. Part 2. St. Petersburg. 1890, p. 467).

Some believe that too much power has been given to husbands, and want to establish legal relations between spouses, relations of equality. But equality is a wonderful thing where there is a lack of love and the “right” of everyone is respected. Marriage is not based on a legal principle, but on mutual sacrifice, which is not noticed by the sacrificers themselves.

The headship of the husband in the family, according to the teachings of the Holy Scriptures, is not tyranny, not humiliation and oppression, but active love. This authority obliges the husband to love his wife “just as Christ loved the church and gave himself for her” (Eph. 5:15). At the same time, wives are instructed: “Just as the Church submits to Christ, so wives should submit to their husbands in everything” (Eph. 5:24). Here there can be no oppression of the wife by the husband, since oppression is possible only where Christian principles are not carried out in the marriage, where there is no love between the husband for his wife and the wife for her husband. It is only possible to boast of supremacy and show it off in the presence of foolishness and lack of understanding of the power of the spirit of Scripture. Where there is love, there is no place for tyranny and severity. “Husbands,” writes the Apostle Paul, “love your wives and do not be harsh with them” (Col. 3:19). Where there is love, there is pity and showing honor and help to the weak (1 Peter 3:7). Where there is love, there is respect and proper honor given to the wife as a joint heir of grace (Eph. 5:28–29). Complete equality (if it were possible) would prevent expressions of love. Love is mutual exchange, replenishment, self-sacrifice. The highest type of human love - maternal love - is based on extreme inequality ( Prot. St. Ostroumov. To live is to serve love, p. 210

). Without this headship, marital unity is impossible, for the headship of the husband is a natural matter, since it meets the spiritual need of the wife: “your desire will be for your husband, and she will possess you” (Gen. 3:16).

“Usually a person despises those who please him (those who humiliate themselves before him), but respects those who do not flatter him; This mood is especially characteristic of the female sex. A woman is dissatisfied when people flatter her, but she respects more those who do not want to bow down and submit to her inappropriate desires. Ask them yourself whom they praise and approve of more: those who servile them or those who dominate them, those who submit and do and suffer everything to please them, or those who do not allow anything like that, but are ashamed to obey their bad orders? -And if they want to tell the truth, then, of course, they will say that they are the last ones; or better yet, there is no need for an answer here, when actions say so” ( St. John Chrysostom. Works, vol. 1, p. 265

).

“The husband is like the head of his wife,” writes Bishop. Theophan, - should not humiliate himself, should not sell his leadership out of cowardice or passion, for this is a disgrace for husbands. Only this power should not be despotic, but loving. Have a wife as a friend and with strong love force her to be submissive to you” ( Bishop Theophan. Outline of Christian Moral Teaching, p. 491

).

The leadership of the husband should not consist in the indifferent and persistent opposition of his will to the will of his wife (even to the smallest detail), but, mainly, in the subordination of life to higher goals, which a wife can easily forget about, immersed in many everyday trifles and preoccupied with “how to please her husband.” and children. “A wife, entangled in everyday worries, distracted everywhere, cannot approach the Lord well, since all her work and leisure is fragmented into many things, that is, into her husband and cares around the house and everything else that marriage usually entails” ( St. John Chrysostom: Creations, vol. 1, p. 360

).

In this direction of life towards higher goals, the husband must exercise patience and prudence so as not to damage marital reciprocity. “Violence drives out all friendship and pleasure; if there is no friendship and love, but, instead, fear and coercion, then what meaning will marriage have then?” (ibid., p. 344. “Let the husband be neither arrogant nor proud towards his wife, but merciful, generous, wanting to please only his wife and caress her respectfully, trying to be to her liking, not dressing up in order to catch himself some other” (“Apostolic Instructions”, 1, 2, 3).

As the head of his wife and family, the husband must protect his wife and spare her as a “weak vessel,” as the apostle puts it (1 Peter 3:7), take care of the maintenance of the family (1 Tim. 5:8), and manage his home well (1 Tim. 3 :4). He should consider his wife to be his first, most faithful and sincere assistant in all his affairs. The husband must take care of the mental and moral improvement of his wife, condescendingly and patiently clearing away the bad and planting the good. What is incorrigible in body or character must be endured generously and piously (without losing respect for her).

The husband must take great care of himself so that through his behavior or negligence, or freedom in treatment, he does not harm his wife or corrupt her. The Christian faith makes spouses mutually responsible for each other's souls. A husband is a murderer if a humble and meek, chaste and pious wife becomes absent-minded, wayward, evil-tongued, not afraid of God and not ashamed of people, has lost modesty, is concerned only with clothes and the desire to please others, etc. ( see Bishop Theophan. Outline of Christian moral teaching, p. 493

). Maintaining the wife's morality does not, of course, interfere with her desire to dress decently (but at the same time modestly), and have communication with outsiders, although not without the knowledge and consent of her husband.

For her part, the wife, having sincere love and respect for her husband, must obey her husband in everything (in everything that is not contrary to the law of God), trying in every possible way to incline her character to his character, to be completely devoted to him. The desire and desire of a wife to put herself above her husband and to demonstrate her dominance usually does not lead to anything good, but only to an increase in disagreement and a mutual cooling of love. In order to maintain dear peace in the family, the wife must be compliant and patiently endure everything that seems not to her liking. The family life of spouses is often overshadowed by disagreements and bad mood that can arise from trifles. And it happens that a woman who can display the greatest patience, self-denial and self-control in the face of serious domestic misfortunes (for example, during illness, when she is forced to take care of her husband or children all day and night), loses patience and calmness in ordinary life. in the course of affairs, when, for example, he discovers a stain on the husband’s clothes or on the tablecloth, a mess in the room, etc. An insignificant disagreement, small feuds, arguments about trifles can lead to major disruptions in family peace, to mutual cooling, indifference, self-isolation, and suspicion , distrust. Therefore, spouses need to learn in family life to rise above such trifles, not to allow painful pride and a stubborn desire to insist on their own to develop. Christian humility and meekness, and in general “good character” are the best decoration, the best jewel for a woman ( St. Gregory the Theologian. “Poem against women who love clothes

"). This is actually the main force of a wife’s influence on her husband and her attractiveness.

The Apostle Peter, who in the first half of his life was himself married (1 Cor. 9:5), outlining the ideal of Christian family life, wrote; “Wives, be subject to your own husbands, so that those of them who do not obey the word may be taken captive without a word when they see your pure, God-fearing conduct” (1 Peter 3:1-2). This is the Christian way for a wife to have some power over her husband, with complete obedience to him - a pure, God-fearing life.

A wife should adorn herself primarily with virtues, but other adornments should be something secondary, mediocre, which she should easily be ready to give up when material conditions do not allow. “Let your adornment,” the apostle instructs Christian wives, “not be the external braiding of hair, not gold headdresses or finery in clothing, but the (hidden) innermost person of the heart in the incorruptible and unfading beauty of a meek and silent spirit, which is of great value before God. So once upon a time holy women, who trusted in God (and not only in their appearance and beauty), adorned themselves, submitting to their husbands” (1 Peter 3:3-5).

And for both spouses, the holy apostle gives the following general instruction for their family life: “Be like-minded, compassionate, brotherly, merciful, friendly, humble in wisdom. Do not repay evil for evil, or annoyance for annoyance; on the contrary, bless each other, knowing that you are called to this in order to inherit the blessing. For whoever loves life and wants to see good days, keep his tongue from evil and his lips from evil, deceitful speech. Avoid evil and do good; seek peace and pursue it” (1 Peter 3:8-11).

A wife should rule over her husband not with sensuality, but with her inner attractiveness, moral purity, feminine modesty and bashfulness, steadfastness and selflessness of her Christian soul ( On the ideal marriages that still exist, see Archbishop Nikanor of Kharkov and Odessa. Conversation on Christian marriage. Ed. 2. – Odessa, 1890, pp. 56–58

).
“If you want to please your husband,” says St. John Chrysostom, “adorn your soul with chastity, piety, care for the home” ( St. I. Chrysostom. On the Gospel of John. Discourse 61
). As a true and faithful friend of life, a wife must avoid all frivolity, frivolity and immodesty in behavior, vanity and vain addiction to external decorations and outfits, wastefulness and mismanagement.

In turn, the wife should take care of her husband’s good morals, influencing most of all not with words, but with deeds ( compare St. Gregory the Theologian. “Poem against women who love clothes

").
With her wisdom and good influence, a wife can change her husband’s character if he is faulty. “Truly,” says St. John Chrysostom, a pious and reasonable wife can most likely educate her husband and tune his soul according to her desire. I could point to many stern and indomitable men who have been softened in this way.” How can a wife influence her husband most of all, besides requests, advice and other things? – If she is meek, “not malicious, not luxurious, will not love jewelry, demand unnecessary expenses” ( St. I. Chrysostom. On the Gospel of John. Discourse 61
).

An example of a faithful Christian wife is Blessed. Monica is the mother of the blessed. Augustine. Raised in Christian piety, she was married to the cruel and depraved pagan Patrigius. The whole life of the chaste, abstinent Christian Monica with her depraved and wayward pagan husband was difficult and painful. But here, too, her patience and meekness prevailed. Having such a husband with a hot-tempered and harsh disposition, she achieved peace and harmony in the family and softened his obstinate disposition, mainly through meek treatment, silence and prayer to the Lord for peace.

When her friends asked in surprise how she achieved peace in the family, she answered them: “When I see that my husband is angry, I remain silent and only in my heart I pray to God that silence will return to his heart. His temper goes away on its own. And I'm always calm. Imitate me, dear friends, and you will also be calm" ( Orlov. Women's exploits and virtues in living stories. Ed. 2. M., 1904, pp. 212, 223–238

).

This is the guarantee of peace in the family: for spouses to be not so much demanding in relation to each other, but rather compliant, to look for good sides in each other more than bad ones, to pray for each other more than to be offended by each other ( see Archpriest P. Shumov Lessons from the lives of the saints, issue 4, conversation 2. On marital chastity, pp. 7–11

).

We have another example of a Christian wife in the person of St. Nonna, mother of St. Gregory the Theologian, who, with her good disposition, virtue and patience, converted her pagan husband to Christianity (he later became the Bishop of Nazianza; Orlov. Cited cit., pp. 214–219

).
In addition to the indicated responsibilities towards her husband, the wife must be the soul of the home or family, the focal point of the internal and external well-being of the family. She must maintain order in the house, must preserve the property acquired by her husband and use it wisely for the needs of the family (1 Tim. 2:4). Solomon portrays a beautiful image of a housewife in the book of Proverbs (30:10–31). Homeliness, thrift and order are very necessary and valuable qualities of a wife, since they constitute indispensable conditions for family comfort and improvement ( Prof. M. Olesnitsky. Moral Theology, § 71, Mutual relations between spouses, pp. 259–253. Bishop Theophan. Outline of moral teaching, ed. 463–470. Archpriest S. T. Ostroumov. To live is to serve love. Ed. 2. St. Petersburg, 1911, §§81–83, pp. 207–213. Nikanor, Archbishop of Kherson and Odessa. Conversation on Christian marriage (against Leo Tolstoy), ed. 2. Odessa, 1890
).

Regulatory documents on children's rights

The protection of the rights and interests of minor citizens is regulated by several legislative acts adopted on the territory of Russia, as well as international documents signed by countries around the world.

The following documents are in force in Russia:

• Constitution;
• Law of July 24, 1998 No. 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation”;
• Law of December 29, 2012 No. 273-FZ “On Education”;
• Law of April 24, 2008 No. 48-FZ “On guardianship and trusteeship”;
• RF IC;
• Criminal Code of the Russian Federation;
• regulations on child protection issues in force in specific constituent entities of the Russian Federation;
• statutes in force in schools and preschool organizations.

International legislation is also responsible for the protection of children's rights. These include:

• Universal Declaration of Human Rights , signed in 1948;
• Declaration of the Rights of the Child , in force since 1959;
• The Convention on the Rights of the Child , in the USSR, came into force in 1990;
• World Declaration on the Survival, Protection and Development of Children , in force since 1990.

Cash payments

As already mentioned, able-bodied children are obliged to provide for their parents in the following cases:

1. Parents are disabled (pensioners, disabled people of the 1st or 2nd groups).
2. Parents are in dire straits.

Regardless of whether children pay money or not, the right to receive it must be documented. Responsibilities for maintaining parents fall on the shoulders of children if:

1. Blood relationship confirmed.
2. Disability confirmed.
3. Confirmed financial need.

Basic rights of minor children

Below is a list of the basic rights of a minor child.

The right to express one's own opinion. A child, like any other family member, is a separate person, which means he has his own specific idea of ​​everything. So, according to Art. 57 of the RF IC, a child may have his own opinion, to which others should listen. His opinion is even taken into account during judicial consideration of issues relating to the life of the child.

Persons who are already 10 years old can express their opinion on adoption, changing their full name, and depriving their parents of parental rights.

All these actions can only be carried out with the consent of the minor.

The right to live in a family. Article 54 of the RF IC states that children have the right to live in a family and receive due attention and care from their parents. The only exceptions are cases in which living together with parents has a negative impact and violates the interests of minor citizens.

The right to communicate with relatives. Children have a reason to communicate not only with their father and mother, but also with other relatives on both lines (Article 55 of the RF IC). Even if the family union has broken up, children can communicate with any of the parents, regardless of their place of residence.

If a mother or father arbitrarily establishes a ban on communication with one of the parents or another relative, then this is considered a violation of the law.

To solve this problem, you can contact the guardianship and trusteeship authority.

The right to receive a surname, name, patronymic. At birth, the baby is assigned a first name, last name and patronymic (Article 58 of the RF IC). When choosing a name, parents must follow the rules specified in paragraph 2 of this article. The surname is passed down to children from mother and father. This may be their common surname, one of their parents, or a double surname, including the surnames of their father and mother. The patronymic is assigned according to the father.

Children's right to protection. At the legislative level, the protection of the interests of children is also provided (Article 56 of the RF IC). The responsibility for protection rests with parents, guardians, as well as with the guardianship and trusteeship authority, the prosecutor's office and the court.

Any citizen who has such information can notify the appropriate authority about a violation of legislative norms in relation to children.

Property rights of minor family members. Children have the right to dispose of certain property, as stated in Art. 60 IC RF. Minor citizens have the right:

• for financial support in the family;
• their own income received by them personally, or property that was purchased with their personal funds, as well as the property of their children, includes all gifts given to them and property that they received by inheritance;
• They do not have the right of ownership to own and use the property of their parents if there is mutual consent.

Change of first or last name. Parents, if their child is not yet 14 years old, can contact the guardianship and trusteeship authority with a request to change the surname or first name of their child (Article 59 of the RF IC). It is worth considering that children over the age of 10 must give their consent to such changes.

Parents' rights

Parents are the primary persons responsible for raising a child. Parental privileges are vested in either the biological mother and father or the adoptive parent.

Biological mother and father have equal rights and responsibilities and these include:

• to raise a child;
• state benefits and cash benefits if the family has many children, is low-income, or the child has a disability;
• choose a preschool and school educational institution;
• represent the interests of the child before individuals and legal entities;
• if the parents are minors, then they have the primary right to participate in the upbringing of the child and to live together with him;
• A mother or father living separately has the right to have contact with the baby and receive certain information about him from various specialized institutions.

A father who doubts the relationship with the baby has the right to conduct a DNA test to confirm paternity. Also, the mother and father can freely give the child his full name or change his first and last name if necessary. The place of residence of a minor citizen is chosen similarly by mutual agreement of the persons raising him. The above rights are vested in those parents who have not been subject to restrictions or deprivations in court.

Responsibilities of children towards parents

The obligations of minors towards their parents are not mentioned in legislation. Accordingly, until the child turns 18, all obligations that may be assigned to him in the family are carried out only in accordance with intra-family rules, but have no legal basis.

The responsibilities of persons over 18 years of age include supporting their parents. Able-bodied adult citizens are obliged to provide financial support to their parents who are unable to work and need help.

If it is not possible to resolve this issue peacefully, then the father or mother can file a lawsuit to recover financial support.

This responsibility does not fall on everyone. If parents previously did not fulfill their obligations to care for and support their children, then they cannot demand financial support from their children. Also, persons deprived of parental rights cannot apply for assistance from their children.

Maintenance of parents by children

If children under eighteen years of age do not have any serious obligations to their family, then upon reaching adulthood, they officially acquire them. Moreover, all responsibilities are formally spelled out in government documents and an adult can be held accountable for failure to comply with the law.

In the Family Code of the Russian Federation, there is a separate article that describes the relationship between parents and children, from the point of view of the law (Article 87 of the RF IC).

To avoid any questions, we will analyze the points of this article in as much detail as possible.

Capable children who have reached the age of majority are obliged to provide for their parents if they are disabled and need help.

Most often, people who have reached retirement age experience material need and a lack of funds. Only a small percentage of retirees continue to hold their jobs or take a less complex job.

That is why a law was created that reveals the responsibilities of adult children to support their parents.

The law covers citizens who have reached retirement age (60 years for men, 55 years for women) and are unable to earn money. He obliges their children to pay a monthly allowance for room and board .

The amount of alimony is determined by the judicial authorities, taking into account the salary and the presence of children of the payer.

The same conditions apply not only to pensioners, but also to people who have a certain group of disabilities, as a result of which they are not able to work.

Alimony payments are assigned according to three criteria:

• utilities, rent, rental housing;
• provision of food;
• purchase of medicines.

To claim payments from children, several prerequisites must be met. Namely:

• majority;
• supporting documents indicating the relationship (Birth Certificate);
• capacity and mental health of the payer;
• proof of the parents' need for financial assistance.

Collection

Parental support may be paid:

1. Voluntarily. It is expected that an agreement will be concluded that specifies the procedure and form of payments and the amount of alimony. If the terms of the agreement are violated, then it receives the force of an executive document.
2. Forcibly. If voluntary support is refused, parents have the right to take their children to court.