Personal non-property rights of minor children

The right to live in a family

A child can live in a family and receive education from his parents. If a minor does not have a mother and father, then the guardianship and trusteeship authorities will take care of him. They will try to find a new family for the baby.

In practice, there are often situations where parents violate the interests of their children. In this case, a procedure for depriving parental rights is possible.

The child has the right to receive care from his parents. This means that adults must provide their offspring with everything necessary - food, clothing, treatment, etc.

The child must know his biological parents. However, there are exceptions:

1. The baby was adopted.
2. The baby was born by a surrogate mother.
3. The baby was conceived artificially.

A minor can live together with his mother and father. However, there is also an exception here - leaving a minor with his parents has a negative impact on his mental and physical state.

If the spouses live separately from each other, then they must decide with whom the offspring will be. Otherwise, the dispute will be resolved by the court.

Non-property and property rights of children, their protection.

Chapter eleven of the Family Code of the Russian Federation establishes the rights of minor children. In accordance with paragraph one of Article 54 of the Family Code of the Russian Federation, a child is recognized as a person who has not reached the age of eighteen years (the age of majority). It should be noted that the rights of the child in Russia are divided into the personal rights of minor children and the property rights of minor children.

Personal non-property rights of minor children

• The child's rights to live and be raised in a family . • The child's rights to communicate with parents and other relatives . • • Children's rights to express their opinions . • The child’s rights to his first name, patronymic and last name . +

Child's rights to protection . The child has the right to protection of his rights and legitimate interests. Please note that the protection of the rights of minor children and the legitimate interests of children is carried out by parents (persons replacing them), and in cases provided for by this Code, by the guardianship and trusteeship authority, the prosecutor and the court. A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to defense. A child has the right to protection from abuse by parents (persons in their stead). In the event of a violation of the rights and legitimate interests of a child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the responsibilities for the upbringing, education of the child, or in the case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and reaching the age of fourteen years in court. Officials of organizations and other citizens who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and trusteeship authority at the place of the child’s actual location. Upon receipt of such information, the guardianship and trusteeship authority is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

Property rights of the child

Article 60 of the Family Code of the Russian Federation establishes the property rights of the child, according to which the child is endowed with the following property rights: • The child has the right to receive maintenance from his parents and other family members . The amounts due to the child as alimony, pensions, benefits are placed at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child. The court, at the request of a parent obligated to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks.

• The child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds . • Children and parents living together can own and use each other's property by mutual consent .

Parental rights: concept, types, their implementation and protection, legal disputes.

PARENTAL RIGHTS AND RESPONSIBILITIES, personal and property rights and responsibilities that the law gives to parents to ensure the proper upbringing and material maintenance of children, as well as to protect their rights and interests. Parents have equal rights and bear equal responsibilities towards their children (parental rights).

Personal rights and responsibilities of parents

1. Parents have the right and obligation to raise their children (Clause 1, Article 63 of the RF IC). Methods and methods of education are chosen by parents themselves.

2. Parents have a priority right to raise their children over all other persons, including close relatives of the child (Clause 1, Article 63 of the RF IC).

3. Parents are obliged to take care of the health, physical, mental, spiritual and moral development of their children (clause

1 tbsp. 63 RF IC). At the same time, parents do not have the right to cause harm to the mental and physical health of their children and their moral development (Clause 1 of Article 65 of the RF IC).

4. Parents are obliged to ensure that their children receive basic general education (clause 2 of article 63 of the RF IC).

5. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until they receive basic general education (Clause 2 of Article 63 of the RF IC).

6. Parents have the right and obligation to protect the interests of their children without special powers (Clause 1 of Article 64 of the RF IC).

7. Parents have the right to demand the return of their child from any person who holds him or her not on the basis of law or a court decision (Clause 1 of Article 68 of the RF IC).

8. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education (Clause 1, Article 66 of the RF IC), and the parent with whom the child lives should not interfere with the implementation of this rights.

9. A parent living separately from the child has the right to receive information about him from educational, medical institutions, social protection institutions and others (Clause 4 of Article 66 of the RF IC).

According to the general rule, paragraph 2 of Art. 65 of the RF IC, all issues related to the upbringing and education of children are resolved by parents by mutual consent, based on the interests of the children and taking into account their opinions .

Since parents are endowed with equal rights and responsibilities for raising their children, it is assumed that they should exercise them to the same extent.

In the process of raising a child, disagreements inevitably arise between parents regarding the methods and means of raising a child. They can be superficial and resolved by parents independently by making mutual concessions and reaching agreements. The situation is different with more serious conflicts, when parents have irreconcilable positions regarding the upbringing of the child. In such situations, parents can seek help from specialists, such as a psychologist. In addition, part 2 of Art. 65 of the RF IC gives parents the right to apply to the guardianship and trusteeship authorities or to court to resolve the conflict . It should be taken into account that, due to the powers granted by law, the guardianship and trusteeship authorities can only recommend to parents one or another way to resolve the current situation. If disagreements that arise between parents escalate into a dispute about rights, parents are given the opportunity to go to court to resolve the conflict.

The resolution of disputes related to the upbringing of children by courts helps to ensure the protection of the rights of children and parents, increases the responsibility of parents for the proper upbringing of children, prevents the use of rights by parents in conflict with the interests of children, and is one of the measures to prevent juvenile delinquency. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts in resolving disputes related to the upbringing of children” No. 10 of May 27, 1998, the following disputes are subject to judicial review:

· about the child’s place of residence if the parents live separately (clause 3 of article 65 of the RF IC);

· on the exercise of parental rights by a parent living separately from the child (clause 2 of article 66 of the RF IC);

· on the elimination of obstacles to communication with the child of his close relatives (clause 3 of Article 67 of the RF IC);

· on the return to the parents of a child not detained on the basis of law or a court decision (clause 1 of Article 68 of the RF IC);

· on the return of the child by the guardian (trustee) from any persons holding him without legal grounds (clause 2 of article 150 of the RF IC);

· on the return to the adoptive parent of a child held by other persons not on the basis of law or a court decision (clause 3 of Article 153 of the RF IC);

· on deprivation of parental rights (clause 1 of article 70 of the RF IC);

· on the restoration of parental rights (clause 2 of article 72 of the RF IC);

· on restriction of parental rights (clause 1 of article 73 of the RF IC);

· on the abolition of restrictions on parental rights (Article 76 of the RF IC) and others.

When resolving disputes between separated parents about which of them and which of the children will remain to live, the court, based on the principle of equal rights and responsibilities of the father and mother, must make a decision that would correspond to the interests and wishes of the minors. In this case, the court must take into account which of the parents shows greater care and attention to the children, their age and attachment to each of the parents, the personal qualities of the parents, the possibility of creating appropriate conditions for upbringing, bearing in mind that in itself an advantage in material and everyday life the position of one of the parents is not a determining condition for the transfer of children to him.

The desire of a minor to live with one of the parents is taken into account by the court only if it comes from a child who has reached the age of ten.

Right to communicate with relatives

According to Article No. 55 of the Family Code of the Russian Federation, the offspring can communicate with his parents, as well as with other relatives:

• grandparents;
• brothers, sisters;
• aunts, uncles, etc.

We are talking not only about personal meetings between the child and his relatives, but also about telephone conversations and communication on the Internet.

If mom and dad divorced and began to live separately, then this circumstance should not affect the rights of the offspring. A minor may see a parent who lives separately.

The offspring can communicate freely with their parents even if they live in different countries.

A child can communicate with relatives even while staying in a medical institution, while in custody, etc. However, there is one exception: if some relatives pose a danger to the minor, then communication with them must be limited.

If a citizen under 18 years of age is hospitalized or detained by police, his closest relatives are notified about this.

We can conclude that it is necessary to limit the offspring’s communication with other relatives only in cases where it poses a threat to the minor and violates his interests. An example is a situation where a father asks to give him a breastfed baby.

Personal non-property rights of minor children

Personal non-property rights are a type of human rights that belong to the category of intangible benefits. They arise from birth. Such rights have no material, i.e. property, content. In addition, they are inextricably linked with the personality of the bearer. They cannot be sold, transferred, donated, bequeathed, etc.

Personal non-property rights can be directed to:

— individualization of the individual (the right to a name, the right to honor, dignity, business reputation, etc.);

— preservation of physical integrity (the right to life, freedom, choice of place of stay, place of residence, etc.)

— inviolability of the inner world (the right to personal and family secrets, non-interference in private life).

Chapter 11 of the RF IC stipulates the following personal non-property rights of the child.

1. The right to live and be raised in a family (Article 54), which includes: the right to know your parents (Article 54); the right to care and the right to live together with parents (Article 54); the right to be raised by one’s own parents (Article 54); the right to ensure interests, comprehensive development and respect for human dignity (Article 54).
2. The right to communicate with parents and other relatives (Article 55).
3. Right to defense (Article 56).
4. The right to express one's opinion (Article 57).
5. The right to a first name, patronymic and last name, change of first and last name (Articles 58–59). The child also has other personal non-property rights, even if not provided for by the RF IC, but one way or another arising from the essence of its provisions.

Personal non-property rights got their name due to such a specific feature as providing a person with freedom and independence in the sphere of personal life, in family, household and moral relations, in the relationship of a private person with the state. When characterizing personal non-property rights as subjective, it should be noted that they are rights of a strictly personal nature, that is, they belong to a person from birth or by force of law, are inalienable and are not transferable to other persons (Article 150 of the Civil Code of the Russian Federation). In addition, they are classified as exceptional. In their content, personal non-property rights are absolute. In other words, a citizen is confronted by an indefinite circle of persons who are obliged to refrain from any violations of his personal non-property rights.

An important feature of personal non-property rights - their focus on identifying and developing the individuality of the individual - allows one to distinguish one subject from another, protects their originality and uniqueness. The normative consolidation of the personal non-property rights of the child is connected not so much with the need to individualize the subject, to protect the identity and originality of the individual, but with the social need to control the upbringing and education of the child, ensuring his worthy spiritual development, and forming him into a full-fledged member of society. This cannot be done without assigning responsibilities to parents (or their substitutes) to ensure the physical and mental well-being and socialization of the child. Parents not only have the right, but also the obligation to raise their children, as stated in Art. 63 of the RF IC, take care of their health, physical, mental, spiritual and moral development. They are responsible for the upbringing and development of their children.

Thus, based on the provisions of Art. 2 of the RF IC, an important conclusion can be drawn that in family law, personal non-property rights are regulated between family members and, as a rule, they are related to each other - parents and children, adoptive parents and adopted children, grandparents and grandchildren, brothers and sisters, adoptive parents and children, etc.

The right to protect one's interests

The legislation of the Russian Federation establishes that a child can count on the protection of his interests.

The following persons and authorities are responsible for protecting the interests of a citizen under 18 years of age:

1. Legal representatives.
2. Guardianship and trusteeship authorities.
3. Prosecutor.
4. Court.

The child can protect his own interests. To do this, he has the right to file a claim in court when he reaches 14 years of age. Until this age, a complaint from a minor will be accepted by the guardianship and trusteeship authorities.

If we are talking about depriving irresponsible parents of their rights to their children, then a minor has no right to act as a plaintiff in such a case in court. An exception is the situation when the adopted child has reached the age of 14 and does not want to be under the care of an adoptive family.

The prosecutor protects the rights and interests of a citizen under the age of 18 as follows:

1. Participates in cases related to the protection of the rights of minors.
2. Takes part in court hearings where it is necessary to protect the rights of a minor.
3. Monitors the work of bodies that protect children's rights.

A citizen can independently protect his rights and interests until he reaches the age of majority. This is possible in the event of full legal capacity.

According to the Civil Code of the Russian Federation, a minor can obtain full legal capacity in the following ways:

1. Get married before the age of 18, with a good reason.
2. Engage in entrepreneurial activity.
3. Work under an employment contract.

According to the Family Code of the Russian Federation, citizens or organizations who become aware of a violation of the rights of a minor must report this to the guardianship and trusteeship authorities. The application is submitted at the actual location of the child.

There is a convention on the rights of the child adopted by the UN. According to this document, it is necessary to protect a minor from:

• interference in his personal life;
• physical or mental violence;
• economic exploitation;
• drug use;
• sexual exploitation;
• humiliation.

The interests of a minor must, first of all, be protected by his legal representatives. However, in some cases it is they who violate the rights of their offspring.

Even if the mother/father lives separately from the offspring, this does not relieve her/him from the need to protect the interests of the child.

The following persons do not have the right to protect the interests of a minor:

1. Citizens who were deprived of rights to children.
2. Citizens whose baby was taken away based on a court order or decision of the guardianship authorities.
3. Incapacitated.
4. Citizens who have limited legal capacity due to alcohol or drug use.

As noted above, parental relationships are one-sided: the child has only rights, but no responsibilities, and parents have only responsibilities towards the child. Some of the parental relationships are of a relative nature (for example, regarding the upbringing and maintenance of a child), others are of an absolute nature, when the child’s right corresponds to the responsibilities not only of the parents, but also of other persons (for example, regarding the assignment and change of the child’s first and last name, the expression of one’s own opinions, protection of children's rights).

Personal non-property legal relations between parents and children

- relations between parent and child regarding intangible benefits regulated by legal norms.

In this case, intangible benefits include life and health, personal dignity, personal integrity, honor and good name, personal and family secrets, the right to choose a place of stay and residence, the right to a name, freedom of development and creativity, other personal non-property rights and other intangible benefits.

Since intangible benefits cannot be measured by any indicators, therefore personal non-property relations are not material in nature.

Despite the fact that personal non-property relations are predominant in the family, most of them are outside the scope of legal regulation. As M.V. writes Antokolskaya, Internal content is difficult to regulate by law; law can only establish the boundaries of their implementation. These general boundaries are outlined in Art. 65 SK. The law cannot prescribe to parents how to raise a child, but it generally prohibits the abuse of this right and prosecutes failure to exercise it. Parents have the right to use coercive measures against their children in order to achieve the desired behavior from them. However, this side of the educational process is outside the scope of law. For example, parents may prohibit their children from returning home after a certain time.

The personal rights and obligations of children and parents are inextricably linked with their personality, and therefore they are inalienable and non-transferable in any way: neither by agreement, nor by universal succession, nor in any other way.

The Family Code of the Russian Federation establishes the following personal non-property relations:

1. the child’s right to live and be raised in a family
   , as far as possible (clause 2 of article 54 of the RF IC). This right of the child corresponds to the obligation of parents to raise their children, specified in paragraph 1 of Art. 63 RF IC. According to paragraph 1 of Art. 62 of the RF IC, minor parents, regardless of their age, have the right to live together with the child and participate in his upbringing. Since a minor citizen is not always a mature individual with a sufficient intellectual level and volitional maturity, he cannot raise a child correctly. Therefore, minor parents have the right only to participate in raising the child. Until the minor parent reaches 16 years of age, the child may be appointed a guardian who will raise him or her together with the minor parent of the child. As a rule, the child's grandparents act as guardians. If disagreements arise between the guardian and parents, the disputes are resolved by the guardianship and trusteeship authority. The right in question includes two components: the right to live together with parents and the right to be raised by them. Raising a child involves activities aimed at shaping his personality and systematically influencing his physical, intellectual and moral spheres with the goal of the child’s full development. Caring for a child is manifested in satisfying his vital needs (food, clothing, housing) and social needs (showing attention to him, providing assistance in resolving issues and conflicts that interest him, etc.). As many years of practice have shown, family education is its best form. Social forms of education cannot fully ensure the normal development of a child and his social adaptation. From the birth of a child, his parents are involved in his upbringing as the people closest to him. That is why the child’s right to education includes the right to parental care, to full development and respect for his human dignity. Parents, in turn, have the responsibility to raise their children, i.e. take care of the health, physical, mental, spiritual and moral development of their children (Article 63 of the RF IC). In the absence of parental care, the child’s right to be raised in a family is ensured by the guardianship and trusteeship authority in the manner established by Chapter. 18 IC of the Russian Federation. In Art. 123 lists the forms of placement of children, among which the priority is the adoption of a child, since he receives the status of a member of the adoptive parent’s family. The situation is different with guardianship (trusteeship) and foster families, where the child is only a pupil in the family, but not a member of it. When carrying out education, parents are free to choose means and methods, but subject to the restrictions established by law: parents do not have the right to cause harm to the physical and mental health of children, their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children. Disputes concerning the upbringing and education of children are resolved by parents by mutual agreement based on the interests of the children and taking into account their opinions (clause 2 of Article 65 of the RF IC). If there are disagreements between parents, they have the right to contact the guardianship and trusteeship authority or the court. For the normal upbringing of a child and his safety, it is necessary that the child be with his parents.
2. That is why the child is given the right to live together with his parents
   , and the latter are entrusted with the corresponding responsibility.

Place of residence of a child under 14 years of age

, is the place of residence of his parents, and upon reaching 14 years of age - the place where he permanently or primarily resides.

As Yu. Bespalov writes, The right of a child to a place of residence should be understood as the legal ability of a child under the age of 14 years through legal representatives, from the age of 14 to 18 years - in person, but with their consent to determine the place of residence within the Russian Federation, to change the place of residence , demand from other persons not to violate this right, seek protection from an authorized state body in the event of a violation, etc.

A child under the age of 14 does not personally participate in determining the place of residence, although the consent of a child who has reached the age of 10 is required when resolving some issues. Usually this right is exercised by parents.

A minor citizen of the Russian Federation, as a rule, leaves the Russian Federation together with at least one of his parents. If he leaves the Russian Federation unaccompanied, in addition to his passport, he must have with him, in addition to his passport, a notarized consent from his parents to leave, and in the case of leaving for a period of more than 3 months, this consent must also be certified by the guardianship and trusteeship authorities.

If one of the parents declares his disagreement with his departure from the Russian Federation, the issue of the possibility of leaving the Russian Federation is resolved in court.

It may be impossible for a child to live together with one of the parents or both of them in cases where the parents have terminated their marital relationship and are living separately, or have been deprived of parental rights or have their parental rights limited.

In the first situation, as noted above, the parents enter into an agreement on the child’s place of residence. If a dispute arises, it is resolved by the court based on the interests of the child and taking into account his opinion. In any case, the child’s place of residence will be

:

• place of residence of the parent with whom the child remains to live, if he has not reached the age of 14;
• the place where a child who has reached the age of 14 years permanently or primarily resides (a residential building, apartment, other residential premises in which he lives as the owner, under a lease (sublease) agreement, or on other grounds provided for by the legislation of the Russian Federation). Moreover, this place may not coincide with the place of residence of his parents.

In the other two situations, the child’s place of residence is determined by the guardianship and trusteeship authority as part of efforts to place him in a family. By virtue of paragraph 1 of Art. 63 of the RF IC, parents have a priority right over other persons to raise their children. In this regard, they can demand the return of the child from any person who retains him not on the basis of the law or a court decision.

If a dispute arises on this issue, it is resolved in court. When considering such cases, the court takes into account the real ability of the parent to ensure the proper upbringing of the child, the nature of the existing relationship between the parent and the child, the child’s attachment to the persons with whom he is, and other specific circumstances influencing the creation of normal living conditions and upbringing of the child by the parent, as well as by persons with whom the minor actually lives and is raised. Therefore, the court has the right, taking into account the opinion of the child, to refuse the parent’s claim if it comes to the conclusion that the transfer of the child to the parent is contrary to the interests of the minor.

If during the trial it is established that neither the parents nor the persons with whom the child is located are unable to ensure his proper upbringing and development, the court, refusing to satisfy the claim, transfers the minor to the care of the guardianship and trusteeship authority so that the most acceptable way of arranging his further fate was chosen.

If parents want to return the child from the persons with whom he is based on the law or a court decision (guardians, trustees, adoptive parents, etc.), then they must contact the guardianship and trusteeship authority to resolve the issue of canceling guardianship (trusteeship) or early termination of the agreement on the transfer of a child to a foster family. If this body refuses the parents, the issue is resolved in court.

In this case, the court finds out whether, by the time the dispute is considered, the circumstances that served as the basis for the transfer of the child to the specified persons and institutions have changed, and whether their return to their parents is in the interests of the children.

1. 3.the right of a child to know his parents and the obligation of parents and persons in their stead to disclose information about the child’s parents, if this does not violate secrets protected by law.

This right is one of the most difficult rights to implement in practice, since it conflicts with the constitutional right of a parent to personal and family secrets. As M.V. Antokolskaya rightly notes,

The question of the extent to which the secret of adoption and the secret of the biological origin of a child corresponds to the right to know one’s parents remains controversial.

1. the child’s right to education and the obligation of parents to educate him and ensure that the child receives basic general education
   (clause 2 of article 54, article 63 of the RF IC).

Education involves activities aimed at imparting to a child and obtaining systematized knowledge and skills in various areas of human life. It is carried out by parents in the process of raising a child, and then they have the responsibility to educate the child. But parents cannot have knowledge in all areas, therefore, in order for the child to acquire special knowledge and skills, they are obliged to provide the child with conditions for receiving the appropriate level of education, including the obligation not to interfere with the child’s attendance at an educational institution. The training itself is conducted by teachers and specialists in the relevant field.

At the same time, parents are given the right to choose an educational institution and the form of education of the child based on his interests and opinions. As the child grows older, they must increasingly take the child's opinion into account.

1. the child’s right to communicate with parents and other relatives (grandparents on both the father’s and mother’s side, brothers and sisters), regardless of whether the parent or relative of the child lives with him or not (
   Article 55 of the RF IC). Only through communication with different people is it possible to fully raise and educate a child, which leads to his comprehensive development and the formation of his personality.

Parents are obliged not to interfere with such communication (clause 1 of article 66, clause 2 of article 67 of the RF IC). Otherwise, the court may satisfy the request of the parent who is being obstructed to transfer the minor child to him. If a parent violates the rights of close relatives to communicate with the child, the guardianship and trusteeship authority may oblige him not to interfere with this communication. If the parent does not comply with this decision, the court may order the removal of barriers to communication with the child.

The right to communication may be limited in order to protect the interests of the child in cases where such communication causes harm to the child’s physical or mental health or his moral development. For example, when a citizen is deprived of parental rights or their restriction, when a child is taken away from his parents due to an immediate threat to his life or health.

In the event of extreme situations (for example, detention, arrest, detention, being in a medical institution and other emergency circumstances associated with the isolation of a child), the child also has the right to communicate with his parents and relatives. To implement this right of the child, sectoral legislation contains special norms (for example, Part 4 of Article 27.3 of the Code of Administrative Offenses of the Russian Federation, Articles 48, 423, 426 of the Criminal Procedure Code of the Russian Federation).

1. the child’s right to ensure his interests and to protect his rights and legitimate interests
   (clause 2 of article 54 and article 56 of the RF IC) is associated with the obligation of parents to protect the rights and interests of their children (art. 64 of the RF IC).

In this regard, it is legally established that parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities without special powers both on the territory of Russia and abroad. In case of disagreements between parents and children, the guardianship and trusteeship authority appoints a representative to protect the rights and interests of children (for example, when preparing a case to deprive a parent of his rights).

As M.V. correctly notes. Antokolskaya, ...not all restrictions relating to the activities of legal representatives have traditionally been applied to parents. They should not have the right to enter into or consent to enter into transactions on behalf of those they represent with themselves and their close relatives and spouses. Such a prohibition exists in relation to guardians and trustees, but it does not exist in relation to parents. It is assumed that the personal trust basis of their relationship with their children makes it unnecessary. But parental rights also exist where there is no trust.

A child can himself apply for protection of his rights, for example, in cases of failure of parents to fulfill their duties: from the age of 14 - to the court, and before reaching the age of 14 - to the guardianship and trusteeship authorities.

However, in most cases, children report their problems to relatives, friends, teachers, and caregivers. In this regard, clause 3 of Art. 56 of the RF IC establishes the obligation of officials of organizations and other citizens who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, to report this to the guardianship and trusteeship authority at the place of the child’s actual location. The guardianship authority investigates these facts and finds out the child’s complaints directly. Based on the results of this trial, if information about a violation of the child’s rights is confirmed, the guardianship authority takes measures to protect his rights, up to and including taking the child away from his parents.

1. the child’s right to express his opinion when deciding issues in the family that affect his interests, as well as to be heard during any judicial or administrative proceedings
   (Article 57 of the RF IC). This norm corresponds to clause 2 of Art. 65 of the RF IC: all issues related to the upbringing and education of children are decided by parents based on the interests of the children and taking into account the opinions of the children. In other words, parents should listen to the child and make an appropriate decision based on his opinion, unless it is contrary to his interests.

Family legislation does not indicate the minimum age at which a child can independently express his own opinion on various issues. In paragraph 1 of Art. 12 of the UN Convention on the Rights of the Child, this age is formulated descriptively: “States Parties shall ensure to the child who is capable of forming his own views the right to freely express those views in all matters affecting the child, the views of the child being given due weight in accordance with age and maturity child (highlighted - M.K.)." As L.M. writes Pchelintseva, Thus, a child has the right to express his opinion when he reaches a certain level of development that allows him to express his own point of view on a particular issue that directly concerns his interests.

As already mentioned, there is a difference between a child's opinion and his agreement on any issue. By its legal nature, consideration of opinion is a less stringent requirement than the need to obtain consent. The absence of the child’s consent, which is mandatory by law for resolving a specific issue, entails recognizing this issue as unresolved and transferring it for consideration, as a rule, to the guardianship and trusteeship authority or the court. Otherwise it is a matter of opinion. The final decision may not fully or partially coincide with the opinion of the child, whose consideration is mandatory. If it is present, the issue being resolved will not be considered unresolved.

In cases directly provided for by the RF IC, the consent of a child who has reached the age of ten years is required (Articles 59, 72, 132, 134, 136, 143, 154 of the RF IC). In particular, when changing the child’s name and (or) surname, reinstatement of parental rights, adoption, or transfer of the child to a foster family.

1. 8.the child’s right to a first name, surname, patronymic (Article 58 of the RF IC) and the obligation of parents to assign them to him.

This obligation follows from the joint interpretation of Art. 58 RF IC and Art. Art. 15 and 18 of the Federal Law “On Acts of Civil Status”. Since parents are entrusted with the obligation to submit an application for the birth of a child, on the basis of which the state registration of the child’s birth is carried out with the simultaneous assignment of a surname, name and patronymic, therefore, they must agree on the surname and name of the child and indicate them in the application.

According to A. Erdelevsky, the content of the right to a name consists of the following individual powers: the right to receive a name; right to use the name; right to integrity of name; right to change name.

The child's name is given by agreement of the parents, the patronymic is assigned by the father's name, unless otherwise provided by the laws of the constituent entities of the Russian Federation or based on national custom. The child's surname is determined by the surname of the parents. If the surnames of the parents are different, the child is assigned the surname of the father or the surname of the mother by agreement of the parents, unless otherwise provided by the laws of the constituent entities of the Russian Federation.

If there is no agreement between the parents regarding the first and (or) last name of the child, any disagreements that arise are resolved by the guardianship and trusteeship authority. Based on the interests of the child, he takes into account the euphony of the last name and first name, their compatibility with each other and with the child’s patronymic, the difficulty of pronunciation and other aspects.

If paternity of a child has not been established, the child’s first name is recorded according to the mother’s instructions, the patronymic name is recorded according to the name of the person indicated in the birth certificate as the child’s father or according to the mother’s instructions, the child’s last name is recorded according to the mother’s last name.

The last name, first name and patronymic of the found (abandoned) child are assigned at the direction of the internal affairs body, the guardianship and trusteeship body or the medical organization, educational organization or social welfare organization in which the child is placed.

In certain cases, the law allows changing the child's name.

Firstly, at the joint request of the parents, before the child reaches the age of 14, the guardianship and trusteeship authority, based on the interests of the child, has the right to allow the child to change the name, as well as change the surname assigned to him to the surname of the other parent. Changing the first and (or) last name of a child who has reached the age of 10 years can only be done with his consent. For example, for the sake of preserving the family name.

Secondly, at the request of the parent with whom the child under 14 years of age lives. If the parents live separately and the applicant wishes to assign his surname to him, the guardianship and trusteeship authority resolves this issue depending on the interests of the child and taking into account the opinion of the other parent. In some cases, taking into account the opinion of the other parent is not necessary:

• if it is impossible to establish his location,
• upon deprivation of his parental rights,
• if he is declared incompetent,
• when he evades, without good reason, the upbringing and maintenance of the child.

Thirdly, if the mother of a child for whom paternity has not been established has changed her last name. In this case, the guardianship and trusteeship authority may allow changing the child's surname to the mother's surname, which she bears at the time of making such a request. For example, a mother’s remarriage when she chooses the surname of her new spouse.

Fourthly, from the age of 14, a citizen has the right to change his name, which includes his surname, first name and (or) patronymic. If he has not reached the age of majority, then the change of name is carried out by the guardianship and trusteeship authority with the consent of both parents (adoptive parents or trustee), and in the absence of such consent - on the basis of a court decision, with the exception of cases where a person acquires full legal capacity before reaching the age of majority in the order provided by law.

And, fifthly, in connection with establishing paternity in the child’s birth certificate, the civil registry office changes the child’s last name, first name and patronymic.

The right to your opinion

This is another personal non-property right of the child. When a citizen reaches the age of 10, he can express his opinion when discussing intrafamily issues. His position will also be taken into account during the trial.

If you do not listen to the opinion of your offspring, this will negatively affect his development. In the future it will be difficult for him to make decisions on his own.

It is important to understand that taking into account the child’s opinion and obtaining his consent are two different things.

The opinion of a minor must be taken into account in cases where this does not contradict his interests. Examples include the following situations:

1. The court decides with whom the baby will live after the spouses divorce.
2. The court decides whether to return the children to the parents.
3. Consideration of a case challenging the record of paternity.
4. Mother and father argue about where their son will study.

The consent of the offspring can only be obtained if he has reached 10 years of age. It is necessary in the following situations:

1. Father and mother decided to change their child's full name.
2. Parents are restored to parental rights.
3. Upon adoption.
4. Guardianship of a minor is established.

Personal rights of a young citizen

Lawyers also call the personal rights of a child personal non-property rights, since they relate to the internal, intangible world of a person.

The Family Code (Article 54) recognizes a child under 18 years of age. The rights of children born in marriage are similar to those of adopted children, as well as those born from parents in an unofficial marriage.

Right to family

It is the family that can ensure the most complete, comprehensive development of a person. It takes into account the individual characteristics of the child most fully, which helps him in later life.

The rights to decent family upbringing and maintenance are discussed in Chapter 11 of the Family Code. Rights include:

1. A child has the right to life and upbringing in a family. Ensuring family upbringing of children is the main task of the guardianship authorities in the event of the loss of a child’s parents.
2. Children have the right to know their parents. This rule is indisputable, except in cases of adoption, as well as artificial insemination. These phenomena are shrouded in mystery, so legal representatives decide whether to talk about real parents or not, as well as at what age to do this.
3. The family must create conditions for the development and education of the child.
4. Parents must take care of the child , since one of the natural rights of the baby is his right to care.
5. All family members are obliged to respect the personality and human dignity of the child.
6. When parents live separately, they determine among themselves who their child stays with. If it is impossible to reach an agreement, this decision is made by the court, taking into account, among other things, the wishes of the child himself.
7. From the age of 14, a teenager can choose his own place of residence.

The right to communicate with parents and other relatives

Communication is one of the most important components of the development of a growing person. Therefore, the Family Code reveals this right with the following clarifications:

1. Children can communicate with all their relatives - dad and mom, grandparents, brothers and sisters, guardians and others.
2. No one can prevent their personal communication , telephone conversations, correspondence with relatives.
3. In the event of separation of parents, the one with whom the son or daughter permanently resides cannot interfere with communication with the other parent or relatives. Communication is immediately stopped only with those relatives who cause the child physical or moral suffering or harm his moral development. The final decision on the termination of communication with any of the relatives is made by the court.
4. It is impossible to interfere with the communication of a child in an extreme situation (detention, arrest, stay in a medical institution) with his parents and other people related by ties of close kinship.
5. All unresolved disputes between relatives about the right to communicate with the child are resolved by the guardianship authorities or the court.

Protecting the interests of the child

The interests of the child must be protected by the family and, first of all, by his parents and legal representatives.

Parents should not allow abuse when communicating with their baby. Physical violence and constant humiliation of the child’s personality are unacceptable on their part. If a child does not receive the necessities of life or experiences physical and moral suffering, then in this case he has the right to seek protection from the guardianship and trusteeship authorities, and from the age of 14 - to the court.

Other adults who have witnessed violations of a child’s rights in their own family are also required to report similar situations to the guardianship authorities.

Right to express your opinion

At any age, a person has the right to his opinion. And the opinion of a minor family member should also be taken into account between relatives.

If the child is already 10 years old, then the following issues are resolved with his consent:

• if they want to change the child’s first name, patronymic or last name;
• if the issue of adoption is being decided;
• if the issue of returning the child to parents who were previously deprived of parental rights is being decided;
• when a child is placed in a foster family;
• upon cancellation of adoption.

In these cases, the child’s opinion matters if it does not contradict his own interests (for example, the desire to live with a parent who is a drug addict or alcoholic).

The right to a first name, patronymic and last name

From birth, a person has the right to a harmonious first name, a patronymic formed from the name of the father (if other national traditions do not contradict this), and a surname.

Parents, by mutual agreement, give the child either a common surname or the surname of one of them. In the event that adults cannot agree with each other, the decision is made by the guardianship authority.

At 14 years old, the age begins when legislators allow a child, with parental consent, to change his or her first or last name. Independent change of first name, last name and patronymic without taking into account the opinion of parents is possible only from the age of 18. Or from the age of 16, provided that he has acquired some qualities of an adult.

At the age of 16, a person can independently change his first, patronymic and last name if:

• already married;
• works under an employment contract or conducts business with the consent of the parents.

To do this, he needs to contact the registry office.

The right to a first name, patronymic, last name

The child's name is assigned by the parents, and the patronymic in most cases comes from the father. As for the surname, it is determined by the surname of the parents. There are cases when it is different for spouses. Then the parents must agree among themselves what surname will be assigned to the offspring.

If the spouses cannot agree among themselves on what surname to assign to the offspring, then the guardianship and trusteeship authorities will deal with the issue.

Until the child is 10 years old, parents can change his full name by obtaining permission from the guardianship and trusteeship authorities. Upon reaching the specified age, a citizen receives partial legal capacity, which means that in order to change his name, he will need to find out the child’s opinion.

In some cases, paternity cannot be established, so the mother must independently give her offspring a first and last name. As for the patronymic, it is assigned by the name of the person indicated as the father.

If the parents applied to the registry office to assign a name to the baby, but were refused, then this is considered unlawful. Employees of the civil registry office can only advise choosing a more euphonious name for the offspring.

When choosing a name for the offspring, the opinion of the second parent is not taken into account in the following cases:

1. His whereabouts are unknown.
2. The parent was deprived of rights to the children.
3. The parent was declared incompetent.
4. The parent is not involved in raising the child, and also does not support him financially.