Who can be recognized as an emancipated person?

The concept of emancipation in civil law

Emancipation is a concept whose essence boils down to refusal, liberation from dependence of various kinds.
The problem of emancipation is considered by sociologists, lawyers, and psychologists all over the world and is a serious issue in building a modern society. In a narrow sense, the word from which the modern concept of “emancipation” comes means liberation from paternal protection; in a broad sense, it means renunciation of property rights, powers that are not destroyed, but are transferred to another person. The concept of "emancipation" is not limited to women's rights to equal rights with men - this is a common misconception.

The institution of emancipation concerns minors, sexual and national minorities, men and women.

The concept is new for Russia and appeared within the framework of civil legislation only in 1994 with the release of part one of the Civil Code. The legal consequences of emancipation described in the code initially concerned minors.

The reason for the appearance of this concept in the Civil Code of the Russian Federation is a change in the type and structure of the economy. The goal is to provide minors with legal rights and opportunities to engage in business, manage material resources - the results of earnings, and make large transactions. According to the law, teenagers from 14 to 18 years old can carry out large transactions only with the written consent of official legal representatives (for example, parents). If a minor teenager receives emancipation, then the written consent of parents, guardians, and adoptive parents is not required to make transactions.

The following concepts are associated with the concept of emancipation:

• Legal capacity is the ability to bear obligations that are an integral part of the rights of a citizen.
• Legal capacity is the ability to perform actions through which a citizen can acquire rights, exercise them, and perform civil duties.

The problem of emancipation continues to be solved at the present stage, thanks to legal grounds in the form of laws and regulations. The main issue that has not yet been fully resolved is the scope of the responsibilities and rights of an emancipated teenager.

What is emancipation of minors and who needs it?

First of all, going through such a procedure means for a citizen independence, independence, the ability to make legitimate decisions regarding his life, his activities, his future. Recognition of the emancipation of a minor is extremely necessary when the child is able to take care of himself and even those around him without outside help, while his current guardians pose a threat, danger to him, and create an unfavorable environment. This role can be played by both a child care institution and unscrupulous parents.

Declaring a minor fully capable and emancipation are also required for those citizens who have already begun their working career or even opened their own business. Today this phenomenon is becoming more common. Talented students make serious discoveries, receive patents, and head companies. And it’s much easier to do all this when you don’t need a guardian’s visa above each signature.

Also, the emancipation of a minor is required if such a person for some reason wants to enter into a marriage relationship.

History of the concept

The understanding of what emancipation is has changed over time. The term originated in ancient Rome, where fathers had complete authority over the property and lives of their children.

Emancipatio is a Latin word that in Roman law meant the release of sons from the authority of the head of the family (pater familias).

After this, the son became the legal heir. The institution of emancipation was enshrined in the laws of the Twelve Tables. The ceremony involved selling the son three times to a third party (the father in trust).

After each sale, the latter remanded his son to the head of the family, after which he left the power of his father. As a result, the “emancipated” did not gain freedom, but a new ruler. The procedure existed until the 6th century AD. e. In the time of Justinian it was replaced by a statement before a judge.

The existence of emancipation in Rome was determined by the desire to prevent the fragmentation of the inheritance.

Later, this term began to refer to similar actions in other legal systems. At the end of the 19th century, the term was associated with the liberation of children from poor families from backbreaking labor.

One of the first to widely use this term was Karl Marx. He wrote about the emancipation of the bourgeoisie and the proletariat, Jews and Christians. It was Marx who developed the first typology of this phenomenon.

What is the emancipation of women and men

Women's emancipation is often confused with feminism.

But if feminism is a social movement, then the emancipation of women is a process that involves the struggle for equality with men in the field of family, work and public life.

This includes political rights, as well as women's rights to education, work and equal pay. We are talking about the abolition of restrictions based on gender.

In practice, the emancipation of women is closely related to gaining experience in public space. The term itself arose during the July Revolution of 1830 and for a long time displaced other meanings from use. In Western Europe, this resulted in suffragism - the movement of women to gain political rights.

This term now applies to men as well. In this sense, men should be freed from excessive general responsibilities and should be given equal rights with women regarding parental custody of children.

Emancipation of slaves

This is declaring slaves free. This type of emancipation is closely related to abolitionism - the movement for the liberation of slaves.

It originated in the British Empire and ended with the abolition of slavery in 1833. The result of the emancipation of slaves was also the publication of the “Emancipation Proclamation” in the United States in 1862.

In Russia, this term was used in relation to the reform of 1861, which abolished serfdom.

Jewish population

This is a process of liberation from restrictions on the rights of Jews and representatives of the Jewish faith.

The phenomenon starts in the 18th century. Before this, Jews lived separately, in ghettos or separate areas of cities. They had limited rights compared to the surrounding population. Some activities were not available to them.

Jews first achieved equal rights in France during the Revolution.

The emancipation of Jews in Europe lasted for a century. In different countries, its level was determined by the size of the Jewish population.

This process took place most dramatically in Central and Eastern Europe. She was hampered by conservative sentiments, which often took chauvinistic forms.

In the Russian Empire, a change in policy towards Jews was part of the reforms of Alexander II. Russian Jewry made an impressive social breakthrough in the 20-30s of the twentieth century. But this process has stimulated the emergence of various anti-Semitic conspiracy theories.

Emancipation of minors upon marriage

The circumstances allowing early marriage have already been mentioned above.

The legislation does not provide a clear definition, but implies:

• pregnancy of a minor;
• the birth of a child to a young girl;
• the young mother does not have the necessary means to raise and care for the baby;
• threat to the life of a minor;
• recognition of the minor as fully capable.

Regarding the fifth point, there is one nuance. Legal capacity can be recognized in full. This does not mean that the court's verdict will be valid until adulthood.

If the marriage of an emancipated citizen is declared invalid, legal capacity is lost. He acquires it automatically at 18 years of age.

Legislative regulation

The procedure for emancipation, or declaring a teenager fully capable, is regulated in. According to, a teenager is recognized as emancipated if the following conditions are simultaneously met :

1. The minor has reached the age of 16 years.
2. He works under an employment contract or is engaged in his own entrepreneurial activity. The right to draw up an employment contract for a minor is guaranteed.
3. He received consent from his parents or guardians to work.

You can become legally competent from the age of 16 through emancipation by decision of the guardianship and trusteeship authorities, if both parents agree, or in court.

The consequences of emancipation are given in. After receiving the status of fully capable parents, they cease to bear responsibility for the obligations of the emancipated person. In particular, for those obligations that arose as a result of causing harm.

Application for emancipation - features of drafting

Only the minor himself can file an application for emancipation in court. Other persons, including his parents and legal representatives, do not have this right. It is the minor who should be interested in becoming a full-fledged subject of civil law relations.

Only a citizen who has reached 16 years of age can become an applicant. By the way, about foreign citizens - such people undergo the emancipation procedure according to the laws of the country of citizenship. The applicant should work for some time before submitting the application. To prove the ability to support yourself.

If the parents agree to emancipation, going to court is not required. An application is sent to the guardianship and trusteeship authority.

Grounds for declaring a minor citizen emancipated

According to the law, everyone has the legal capacity of citizens, regardless of age. The difference lies in the scope of legal capacity. The law determines the legal capacity of citizens, which begins at the moment of birth and ends with death. The main characteristic of legal capacity is the volume, which determines the ability of citizens to dispose of property, receive income from business activities or carry out other types of work.

Types of activities that determine the scope of legal capacity:

• Inheritance and will of property.
• Ownership.
• Entrepreneurship.
• Creation of a legal entity.
• Making transactions.
• Choosing a place to live.
• Copyrights for works of literature and art, intellectual property.

All property and non-property rights of a citizen must not go beyond the law. With the onset of adulthood, a person receives full legal capacity, this extends to labor, property, family rights, and the ability to independently carry out transactions. Until the age of 18, a teenager acts through legal representatives (parents, guardians). In some cases, it is possible to establish full legal capacity at an earlier age - for example, at 16 years old. The provisions of the Civil Code state that a minor can obtain full legal capacity if he works under an employment contract. Having received emancipation, he can dispose of income at his own discretion, make transactions, and have rights and obligations in business.

The legal consequences of emancipation are the ability to carry out various transactions without the need to obtain permission from parents or guardians each time. This expands the rights of the minor and saves his time. To obtain emancipation, a minor must have permission:

• Parents or guardians, guardians;
• Guardianship authorities.

If permission is not available, emancipation can be obtained by court decision.

What do guardianship authorities and the court pay attention to when granting emancipation to a teenager?

• Features of the work or business that he conducts.
• Job stability.
• The health status of the teenager.
• Income level.
• Availability of property.
• Other conditions that may affect the minor's normal life.

Since adolescents, along with broad rights, receive certain responsibilities, the decision to grant emancipation must be balanced and thoughtful. A teenager receives all the responsibilities of an adult, but is not always ready for them. Not every teenager is mature and developed enough to enjoy full legal capacity.

How the decision is made

The decision to emancipate is quite responsible, since the teenager as a result takes on a whole range of obligations of an adult . Therefore, it is accepted taking into account the following circumstances:

1. How long and stable is the minor’s work activity or entrepreneurial practice?
2. What is his level of income or salary, how regular is he?
3. Does the teenager own any property?
4. What is the state of his health?
5. Other factors.

The representative of the guardianship and trusteeship authorities must make sure that the child, based on his mental development and level of life experience, can participate in civil transactions without support and assistance from his parents.

When considering the application, the motives for emancipation are taken into account, as well as to what extent the child’s will can be considered conscious and free.

Who and in what cases can recognize a teenager as fully capable?

Civil legal capacity in Russia comes upon reaching the age of majority, that is, from 18 years of age. Until the age of 18, full legal capacity can be acquired in two cases:

• upon marriage of a minor (from the moment of receipt of the marriage registration certificate);
• when a minor who has reached the age of 16 is declared emancipated - if he works under an employment agreement (contract) or is engaged in entrepreneurial activity.

Either the territorial guardianship and trusteeship authority or a court of general jurisdiction can declare a minor emancipated (in case of disagreement of one or both parents or refusal of the guardianship authority).

List of documents

To announce emancipation through the guardianship authorities, you must collect the following documents:

1. Application for recognition of full legal capacity.
2. Applicant's passport.
3. Consent of both parents to recognize full legal capacity. If one of the parents is deceased or deprived of parental rights, then it is sufficient to obtain the consent of one of the parents.
4. Documents that serve as proof of compliance with the conditions necessary for emancipation. These include: an employment contract and a copy of the work book, a certificate of registration as an individual entrepreneur (extract from the Unified State Register of Individual Entrepreneurs), a tax return to confirm income or a 2-NDFL certificate.

If it is not possible to establish the whereabouts of the parents, or the parent avoids raising and maintaining the child without good reason, then taking into account his opinion is not mandatory.

How to obtain full legal capacity through the guardianship and trusteeship authority?

A teenager who has reached the age of 16 must submit an application to the district department of social protection at his place of residence to recognize him as fully capable. And attach to the application:

• your birth certificate;
• your passport;
• passports of their legal representatives;
• written consent of legal representatives (to make a decision on emancipation, the consent of both parents, adoptive parents or guardian will be required);
• documents confirming his work activity (employment agreement, contract, certificate of state registration as an individual entrepreneur);
• single housing document.

The application must be reviewed within 15 working days. If the decision is positive, the minor will receive an announcement recognizing him as fully capable on an approved form.

How to obtain full legal capacity through the court?

If the parents of a minor (or one of them) or the guardianship and trusteeship authority do not agree with recognizing him as fully capable, he has the right to seek this status in a court of general jurisdiction at his place of residence.

To do this, the teenager must submit an application to the court to recognize him as fully capable. The application must be accompanied by:

• grounds for emancipation - copies of an employment contract with the employer, a certificate that he is an individual entrepreneur, documents on the taxation of a teenager as an individual entrepreneur, and others;
• written refusal of parents or other legal representatives, guardianship and trusteeship authorities to declare the minor fully capable (in the absence of such a document, the court does not have the right to refuse to accept the application).

Consideration of the application on the merits of the minor takes place in a court hearing with the obligatory participation of the applicant himself, one or both parents, adoptive parents (adoptive parent), trustee, as well as a representative of the guardianship and trusteeship authority, the prosecutor.

As a result of considering the case, the court makes a decision by which it either satisfies the minor’s application or refuses to satisfy it. In the first case, the minor is declared fully capable (emancipated) from the day the court decision on emancipation enters into legal force.

What can influence the position of the guardianship authority or the court?

The decision to emancipate a minor is made taking into account how long and stable his entrepreneurial or labor activity is, what his level of income or earnings is, taking into account his property, state of health and other circumstances.

Proof

The applicant must provide the court with the following evidence:

• a copy of the birth certificate, passport of the minor;
• an employment contract between the employer and the minor, a certificate of registration as an entrepreneur without forming a legal entity (in this case, the court must establish not just the fact of registration of the minor as an individual entrepreneur, but also the fact that he is engaged in this activity systematically);
• testimony of the minor's parents about their disagreement with his emancipation.

The procedure for the emancipation of minor citizens

On paper this procedure looks much simpler than it actually is. First of all, the conditions for the emancipation of minors must be met:

• reaching the age of 16 years;
• employment, entrepreneurship;
• consent of guardians;
• consent of the teenager.

If the first is not difficult to prove, then problems often arise with the second. According to the law, entrepreneurial activity is carried out independently, with awareness of responsibility and risks; according to the law, this is impossible for a minor.

An application for the emancipation of a minor will also not be accepted if there is no confirmation of the consent of the guardians or even one of them to the procedure. In such circumstances, the procedure can be carried out, but with the assistance of the court and with the provision of appropriate evidence of its necessity.

If one of the guardians has died, you will need to provide appropriate documents confirming this fact; it is more difficult with a parent who refuses to communicate with the child. What is important is that the law protects teenagers in this case; without the presence of the citizen himself, there is no way to start the process and, even more so, to complete it.

What does emancipation mean for a teenager?

An emancipated minor acquires the right to independently defend his rights and legitimate interests in court. He is liable for his obligations with all the property belonging to him. His parents (persons replacing them) are not responsible for his obligations, in particular those arising as a result of causing harm to them.

Teenagers recognized as fully capable retain guarantees and benefits in the field of labor protection, working hours, vacations and some other working conditions. They do not lose the right to receive a survivor's pension.

Consequences of emancipation of minors

1. Parental responsibility after the procedure . The parents of a person emancipated by law cease to bear responsibility for him. While usually parents are responsible for the child until he reaches adulthood.
2. Alimony . A separate issue arises regarding alimony. Thus, it clearly follows from the current legislation that the payment of alimony for the maintenance of an emancipated child is terminated - and this can be used by the parent from whom alimony is being collected for his own selfish purposes. Alas, in practice there are cases when one of the parents, when asked how to avoid punishment for failure to pay child support, finds nothing better than putting pressure on the child or the other parent so that the minor goes and achieves recognition of his legal capacity.

What should not even emancipated teenagers do?

Obtaining emancipated status does not guarantee a teenager the full range of rights.

The teenager will still not be able to buy alcohol and cigarettes in stores. Emancipation does not reduce the minimum age limit for purchasing alcohol and tobacco products: it is 18 years old.

Also, only after reaching 18 years of age will a teenager have access to:

1. Obtaining a driver's license category A, B, C.
2. Participation in voting and referendums.
3. Nomination of candidates for positions of state and municipal employees.

To run for State Duma deputies or obtain a category D license, you will have to wait until you turn 21 years old. For presidential candidates, the minimum threshold will be 35 years.

Summary

To summarize, we can highlight the main thing about emancipation:

1. According to, this is a procedure for declaring a minor fully competent.
2. You can take it from the age of 16.
3. The conditions for emancipation are working under an employment contract and engaging in entrepreneurial activity.
4. The decision on emancipation can be made by the guardianship and trusteeship authorities or the court.
5. To undergo an out-of-court procedure, consent is required from both parents, adoptive parents or trustees.
6. Some rights will be available to emancipated teenagers only from 18, 21 or 35 years of age.

Sources

• https://advokat-malov.ru/grazhdane/emansipaciya.html
• https://katsaylidi.ru/article/emansipatsiya-nesovershennoletnih-grazhdan
• https://KtoNaNovenkogo.ru/voprosy-i-otvety/ehmansipaciya-chto-ehto-takoe-zhenshchinam-nesovershennoletnim.html
• https://zakonguru.com/baza/emansipatsiya-nesovershennoletnikh.html
• https://www.mos.ru/otvet-semya-i-deti/kak-priznat-rebenka-polnostyu-deesposobnym/

Evidence in an emancipation case

Proved:

• age of the minor (from 16 to 18 years);
• the fact of working under an employment contract or the fact of engaging in entrepreneurial activity, and the consent of the parents (adoptive parents, trustees) is required. It is established not just the fact of registration of a minor as an individual entrepreneur, but also the fact that he is systematically engaged in this activity;
• lack of consent of parents, adoptive parents (guardian) of a minor to his emancipation - even just one;
• no dispute about law.