Law and legal status of a teenager
According to the “Explanatory Dictionary of the Modern Russian Language” by Dmitry Nikolaevich Ushakov: “Law is a set of generally binding rules of behavior, norms established or sanctioned by the state.” Compliance with these norms is ensured by the coercive force of the state. Legal law is differentiated by industry: family, civil, criminal and others.
Law is a set of generally binding rules of behavior (norms) established by the state, compliance with which is ensured by measures of state influence.
The legal status of a child is his rights, duties and responsibilities from birth to adulthood. The legal representatives of the child in the exercise of his rights are the parents or persons replacing them.
What do young people know about their rights and responsibility before the law? The famous French writer Honore de Balzac Fr. This remark is still relevant today, especially in relation to young people. Not every child can say how, if necessary, he will protect himself from someone else’s unlawful actions.
For the first time, a teenager is considered not as an object of legal activity, for whom adults decide everything, but also as a subject with his own interests and views.
Many schoolchildren have an insufficient level of legal knowledge, skills, experience of law-abiding behavior, and legal competence.
Let's look at several definitions of “human rights”:
S. Sirotkin in his work “For high school students about law and human rights” refers to the following definition of “human rights” - these are certain real social opportunities recognized by society and the international community for individuals and their associations to satisfy their natural and social needs and corresponding claims , the guarantees of which ensure decent and fair, free and responsible development and active participation of the individual in diverse social, including legal relations.”
“Right is external freedom, represented and limited by a norm.”
These definitions reflect the main essence: human rights are a tool that allows you to resist pressure, violence, and it is a mechanism that does not allow the state to “swallow” each individual person.
We can say that human rights are a way to resolve conflicts that inevitably arise in society; these are the rules of relations that are mandatory for both the state and the individual.
Documents reflecting the rights of a teenager
The rights and freedoms of man and citizen are enshrined in international legal documents (Universal Declaration of Human Rights 1948, Covenant on Civil and Political Rights and its Optional Protocol 1966, Covenant on Economic, Social and Cultural Rights 1966, Convention on the Rights of the Child 1989, European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, etc.), in state constitutions and domestic legislative and other regulations. The development of the concept of human rights led to the fact that children's rights were allocated to a special category.
The main international documents on the protection of children's rights are:
- Universal Declaration of Human Rights;
- Declaration of the Rights of the Child;
- UN Convention on the Rights of the Child;
- World Declaration on the Survival, Protection and Development of Children.
The rights and responsibilities of the child are reflected in the following regulatory documents at the federal level:
- Constitution of the Russian Federation;
- Civil Code;
- Family Code of the Russian Federation
- Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”;
- Law of the Russian Federation “On Education”.
Over the course of 10 years (from 1979 to 1989), specialists from many countries around the world, participating in the UN Commission on Human Rights, developed the text of a new provision on the rights of the child, which would take into account as much as possible all aspects of a child’s life in society. This document was called the Convention on the Rights of the Child, and was adopted by the UN General Assembly on November 20, 1989.
According to the Convention, the basic principle of protecting children's rights is the recognition of the priority of the interests of children. Particularly highlighted is the requirement for special care by society for socially vulnerable groups of children: orphans, disabled people, refugees, etc.
The main goal of the Convention is to maximize the protection of the interests of the child. If all the needs and rights of the child are respected, then we will get a happy, healthy, smart, educated, talented citizen.
According to these principles:
- The child has the right to life and healthy development.
- The child has the right to maintain his or her identity, including nationality, name and family ties.
- The child has the right to personal freedom, freedom of thought, conscience and religion. This right includes the freedom to express opinions orally, in writing or in print, in the form of works of art or through other media of the child's choice.
- A child has the right to protection from all forms of physical or psychological violence, exploitation, abuse, neglect or abuse, whether from parents or legal guardians or any other person caring for the child.
- A child deprived of his family environment has the right to special protection and assistance provided by the state.
- The child has the right to a standard of living necessary for his physical, mental, spiritual, moral and social development. A mentally or physically disabled child should lead a full and dignified life in an environment that promotes his dignity, promotes his self-confidence and facilitates his active participation in society.
- The child has the right to health care and social security, including social insurance.
- The child has the right to education, which should be aimed at developing the child's personality, talents and mental and physical abilities to their fullest extent.
- A child has the right to use his native language and to profess the religion of his parents, even if he belongs to an ethnic, religious or linguistic group that constitutes a minority in a given state.
- The child has the right to rest and leisure, the right to participate in games and recreational activities appropriate to his age, to freely participate in cultural life and to engage in the arts.
- The child has the right to protection from economic exploitation and from performing any work that may pose a danger to his health or be harmful to his physical, mental, spiritual, moral and social development.
- The child has the right to protection from all forms of exploitation and abuse.
- States Parties shall ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment; no child was unlawfully or arbitrarily deprived of his or her liberty; Every child deprived of his liberty had the right to prompt access to legal and other appropriate assistance.
- States undertake to take measures to combat the illegal movement and non-return of children from abroad.
- States undertake to respect and comply with international humanitarian law in relation to children caught in a zone of armed conflict. States shall take all possible measures to ensure that persons under 15 years of age do not take direct part in hostilities.
Society is changing and developing, will continue to change and develop, and, consequently, people’s ideas about their rights are changing.
The Convention on the Rights of the Child established a number of important social and legal principles. The main one is the recognition of the child as a full-fledged and full-fledged person. This is a recognition that children should have human rights in their own right, and not as an “appendage” of their parents, guardians or trustees.
Article "Teenager and the Law"
THE TEENAGER AND THE LAW
Features of the legal status of minors
The person is 14 years old. Childhood is over. 14 years is like the threshold of independence. Entry into adolescence coincides with the official recognition of girls and boys as citizens of the country. They are given passports. Receiving a passport is a big event, and it is important that the memory preserves this day as significant and joyful. The document itself - the passport - is filled out in advance at the passport office of the local police department in compliance with the procedure established by law.
The presence of rights and responsibilities indicates that every age
- this is not only a physical or social, but also
a legal characteristic of a person
. In other words, at each age you perform a completely different range of responsibilities in relation to your state. For example, young men will be required to serve in the army only upon reaching 18 years of age.
In our country, adolescence includes two categories of people - minors and minors.
Juveniles
our law names children
from 6 to 14 years
. Such children have the right to make small household transactions, for example, buying toys. From the age of 10, a child’s opinion is given legal meaning. For example, parents cannot choose a school for a child or change his last name without taking into account the child’s opinion. From the age of 14 you can go to court to protect your rights.
Minors
– these are persons aged
14 to 18 years
. This term is most often used in the field of law. Minors are persons who have not reached the age at which the law associates the onset of legal capacity. The legitimate interests of minors (in whole or in part) are exercised by their parents, other legal representatives, guardians, and trustees. The law provides for measures protecting labor, civil and other rights of this age category. The Criminal Code of the Russian Federation establishes a special procedure for considering cases of minors, ensuring the most thorough investigation and consideration.
Minors can independently manage their earnings or scholarships. From the age of 16 you can engage in entrepreneurial activity and even be recognized as unemployed. According to our legislation, the child’s claim (applications) are considered by the guardianship and trusteeship authorities, and upon reaching 14 years of age, the child can go to court.
Criminal liability in our country begins at the age of 16. But this does not mean that crimes committed by younger people go unpunished. From the age of 14, responsibility for certain offenses begins, a list of which is given in the Criminal Code of the Russian Federation.
Arrest as a punishment of 1 to 4 months is applied to those who are already 16 years old. Administrative responsibility also begins at the age of 16. For offenses, the commission for minors' affairs and the protection
of their rights
can send children from 11 to 14 years of age to a special school of a therapeutic and educational nature.
Let's turn to the law
Civil codec of the Russian Federation. Extraction
For minors under 14 years of age (minors), transactions...can be made by their parents, adoptive parents or guardians...
Minors aged 6 to 14 years have the right to independently carry out: small household transactions...
Property liability for transactions of a minor...is borne by his parents...
Minors aged 14 to 18 years have the right to independently, without parental consent...:
- manage your earnings, scholarships and other income;
- exercise the rights of the author of a work of science, literature or art, invention...;
- …make deposits with credit institutions and manage them;
- carry out small household transactions...
Minors aged 14 to 18 years are independently responsible for property...
If there are sufficient grounds, the court, at the request of the parents...may limit or deprive a minor aged 14 to 18 years of the right to independently dispose of his earnings, scholarship or other income...
After reaching adulthood, a teenager is given the right to vote and becomes a full-fledged and politically active citizen. From this moment on, from a legal point of view, the teenager becomes an adult.
Thus, age as a legal concept is associated with the fact that a person is endowed with certain rights and bears a certain responsibility to society, commensurate with his age and offense.
Protected by law
The word “right” gets its name from the Latin. “justitia” (truth, justice), for law was understood in ancient times as the art of doing a good and just deed. Since then, no society can do without law: it helps them resolve conflicts by establishing clear rules of behavior. The law stands up for the protection of ordinary citizens.
The philosopher and public figure Plato lived in Ancient Greece .
One day, shocked by the trial and execution of his teacher Socrates, he decided to develop a project for a government system that would be fair and make people happy. He believed that every person should mind his own business and do it masterfully. “The measure of all things is man,” our ancestors believed, believing that people are equal by nature.
Today we know that no one person is completely similar to another and each of us is individual. People differ in appearance, gender, age, education, financial status, character, etc. Living in the same community, they are nevertheless subject to the same rules of behavior that are the same for everyone, which are necessary for the existence of a calm and stable society.
Many years ago, people became convinced that the state, by uniting them, must guarantee the rights and protect the interests of everyone. Only in this case will good relations be achieved between the state and the individual.
From the first steps, a young man is protected by laws. The most important of them is the Convention on the Rights of the Child
(1989), adopted by the United Nations (UN). Almost all countries on our planet have decided to comply with the articles of the Convention. This means that education, full development, support in difficult situations, and protection from violence are guaranteed to children by adults. After all, children largely depend on those who are older, smarter and more experienced than them.
The modern laws of our country have enshrined an important principle of people living together: everyone is equal in their rights. It doesn’t matter at all who you are: a man or a woman, a sick or healthy person, smart or stupid, strong or weak, working or not.
According to the Civil Procedure Code of the Russian Federation, the right to file a lawsuit in order to protect one’s rights, as well as to entrust the conduct of one’s case to one’s representative (a lawyer, for example), comes fully at the age of 18. This is called civil procedural capacity.
Until the age of 18, the interests of the child are protected by his legal representatives
(parents or those who replace them), i.e. the child acts with their consent (objectively speaking, the parents act directly together with the child). However, the Family Code of the Russian Federation contains Article 56, which allows a child, starting from the age of 14, to go to court to protect their legitimate interests.
Society is structured in such a way that the rights of one person turn into responsibilities for another. This is approximately the same as what happens in nature according to the well-known law of conservation of matter, discovered in the 18th century by the great M.V. Lomonosov. He wrote: if matter has increased in one place, it means that in some other place it has decreased.
So it is with the rights of a citizen. Your right
imposes
an obligation
. What is given to you is, as it were, taken away from him. This is why citizens pay taxes so that the state, which exists for them, is engaged in real protection of their security. It is the guarantor of the safety of human life. In other words, having promised to protect the lives of its citizens, it bears responsibility for this to them.
In our country, for killing a person, as well as any other harm to his life, there is a severe punishment, which is handed down by the court. Lynching, i.e. deciding what to do with a person on your own, without the participation of state law enforcement agencies, is prohibited.
No one in our country should be subjected to torture, violence or cruel, degrading treatment. This is what the Constitution of the Russian Federation orders. Forced medical and scientific experiments on people can be a type of violence. Such actions are prohibited. Even minor medical interventions, such as a regular injection, are allowed only with the consent of the patient. And if a person is not yet years old, the decision is made by the parents and those who replace them.
True, before refusing any vaccinations, you should think: is it worth exposing yourself to the danger of contracting some disease that the body cannot cope with?
In modern Russia, the use of the death penalty, which was carried out by shooting in relation to some criminals, has been suspended. Each person owes his own life and the life of others, understanding that it is given only once and you should not do in relation to another what you would not want to be done in relation to you.
The legal rules of modern Russia establish criminal liability for murder and failure to provide assistance to a patient. Legal liability -
These are the adverse consequences that apply to those who violate the law. Their main goal is to change a person, forcing him to never break the law, to atone for his guilt, and to prevent danger. Unfortunately, in practice there have been cases when, as a result of a combination of completely random circumstances, a person ends up in the dock. All the facts indicated his involvement in the crime, and he was punished. Only many years later it became clear that in fact he had not done anything illegal. That is why it is important that the servants of the law - judges, prosecutors, investigators - are professional people, able to competently understand what happened and make the right decision. And the education that the specialist previously received plays a significant role in this.
Citizen and citizenship
At the age of 14, citizens of the country receive a passport.
It is issued by the local police department. This is a legal document that proves a person's identity. It records the surname, name and patronymic of the citizen. The place of his registration must be indicated - where he lives. However, a person is not prohibited from living in any other place due to various circumstances. In order to travel abroad, a foreign passport is issued. If a person has lost his passport or it has been stolen, he must report this to the police.
A teenager is not only a beloved son or daughter of his parents, a diligent student, a friend in a teenage group, a consumer in the economy, but also a citizen of his state.
You can be born a citizen, or you can become one. If your parents have Russian citizenship, then you automatically become a citizen of the Russian Federation.
Citizenship –
a person’s belonging to a given state is an inherited trait and at the same time an acquired one. You can change the citizenship of your country, but only in adulthood - when you receive a passport, you will be able to independently decide your destiny and be an economically independent person. Citizenship is another well-known right that a person is endowed with in society and that is protected by the state (law enforcement agencies, legislators, ministries, institutions, foundations, etc.). If you live in a country and do not have citizenship, you can lose many benefits. You will not have a permanent job and a permanent place of residence. A misfortune may happen to you, but the state will not solve your problems - after all, you are not its citizen.
People began to fight for civil rights 2,500 years ago. In ancient Greece and Rome, only free residents were considered citizens. Slaves, foreigners, women and the poor were deprived of the right to vote.
Currently, a person begins to enjoy a full list of human and civil rights from the moment he acquires citizenship. Children and adolescents do not have full citizenship status because they do not have the right to vote in elections and do not have certain other adult-only rights. Convicts in many countries typically lose their civil rights. They cannot vote and be elected to government bodies.
Citizen
recognizes the Constitution of a given country, enjoys the rights granted to him and fulfills constitutional duties. But the state also undertakes to protect the life, property, safety, work and rest of its citizens.
According to the Universal Declaration of Human Rights, the International Covenants on Human Rights, and the Constitution of the Russian Federation, no one can be deprived of citizenship or the right to change it. The state guarantees legal protection to every citizen, no matter where he is.
That is why the rights and freedoms of man and citizen
- the highest achievement of humanity over the last 5-6 thousand years of the existence of written civilization. What are they, these civil conquests?
Human rights are enshrined in a number of international documents: the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights of 1966,
as well as
the constitutions
and
laws
of states.
In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with generally accepted norms of international law and in accordance with the Constitution of the Russian Federation.
Everyone is equal before the law and the court. The state guarantees equality of rights and freedoms of humans and citizens, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, or membership in public associations. Men and women have equal rights and freedoms and equal opportunities for their implementation.
Civil (personal) rights and freedoms
Civil rights are associated
with a person’s personality and belong to everyone from birth
, which is why they are called personal. They are necessary to ensure human life and activity.
Civil or personal human rights include:
- the right to live;
- the right to liberty and security of person;
- right to inviolability of home;
- the right to privacy, personal and family secrets, to confidentiality of correspondence and telephone conversations;
- the right to freedom of movement and choice of place of residence for everyone who is legally present on the territory of the Russian Federation.
Everyone is guaranteed freedom of thought and speech, freedom of conscience, freedom of religion, including the right to profess any religion or not to profess any.
Political rights
Political rights are rights that provide the opportunity for citizens to participate in the political life of the state.
In the Constitution of the Russian Federation, the political rights of citizens include:
- the right to associate to protect one's interests;
- the right to peaceful meetings, rallies, processions;
- the right to participate in the management of state affairs;
- the right to vote and be elected;
- the right to apply personally and send collective appeals to state bodies and self-government bodies.
Citizens of the country can hold meetings, rallies or demonstrations peacefully, without weapons, in an organized manner, without violating the rights of other people. At such events, people defend their interests and position on some issue, actively influencing the political life of the country.
The right to hold such events belongs only to citizens of the country. But there are certain rules on how to cook them. Local authorities must be notified about a public event no later than 10 days in advance. And when carrying out it, one must comply with the law and not disturb order. If there is a danger to the health of citizens, their lives, or morals, then government officials can prohibit these events.
Citizens of our country have the right to participate in the management of state affairs. They can elect and be elected to government bodies and local self-government. The most widespread form of citizen participation in managing the affairs of society and the state is elections.
A citizen can elect deputies to the State Duma, the President, and representatives of local authorities. This right begins at the age of 18.
In modern society, a citizen participates in the election of a deputy candidate for public office by secret ballot
, placing special ballots in the ballot box.
Participation in public youth organizations is legally permitted from the age of 14, and to be members of children's organizations from the age of 10.
Responsibilities of citizens of the Russian Federation
The Constitution of the Russian Federation includes the following among the most important duties of citizens:
- A citizen is obliged to comply with the laws of the state. If there is a legal rule that dictates that this is the way to act in a particular situation, you should obey it.
- A citizen must go to the state budget, and then it is distributed for the benefit of the citizens themselves (providing for children, paying pensions, etc.)
- A citizen must defend the Fatherland. This responsibility is important to maintaining the security of the country and the people who live in it.
- A citizen must preserve nature. This responsibility is interconnected with his right to health care. After all, the surrounding nature, ruined by man, has a detrimental effect on his body.
- A citizen must take care of children and disabled parents. Family law rules regulate such issues in detail.
- A citizen must protect cultural monuments.
If a citizen is assigned additional responsibilities, this is a violation of his rights.
Civil (personal) rights of the child
The most important and inalienable right for every person is his right to life.
Of course, a person does not ask anyone for permission whether to appear in the world or not. And no one has the right to forbid him to do this, just as no one can forbid a woman to give birth to children. Right should not be understood as permission or prohibition. The right to life means that the state, the entire system of institutions, agencies and organizations is aimed at protecting the life of the child.
Human right -
This is the opportunity to do something, act in a certain way, have something. Every child is born to be happy. With equal rights for all to life, development, love and care. Rights are not a gift for good behavior or a privilege, but a necessity, like air and sun. In addition to the right to life, a person, including, of course, a teenager, has many other rights and freedoms that he does not always remember in everyday life. Life is given to a child by his parents, and the right to life is guaranteed by the state. It also provides other rights that are vital for a teenager.
The UN Convention on the Rights of the Child, adopted in 1989, states that every child has the right to know his or her parents.
They are responsible for the child and must provide him with normal living conditions. It's good if you can't imagine how it could be otherwise. But so often this right is violated by adults and parents.
In addition to the right to life, every person has what is called personal life. This is an area in which the state has no right and which is not subject to its control. Moreover, this area of his activity is protected by law. A person can independently decide with whom to be friends and with whom not, how to correspond with his addressee - by mail or talk on the phone.
Home, like a person’s personal life, is inviolable.
This means that you cannot enter the apartment against the will of those who live there.
True, in some cases - during fires, earthquakes, unforeseen circumstances or when protecting law and order - a deviation from this rule is allowed. A citizen of our country himself chooses his place of residence and will be free to move around the country and travel beyond its borders.
Socio-economic and cultural rights of the child
Economic and social rights include the right to work and free choice of profession.
Today, many teenagers want to help their parents and feel responsible to their family. In addition, it is always nice to know that you can earn some pocket money yourself. It is better when you take such a step with the support and protection of government organizations.
Protection from economic exploitation –
one of the most important rights of a citizen. You already know that the state sets the minimum age for employment (16 years) and provides benefits to minor workers. The law provides protection against unemployment.
Every citizen has the right to rest.
The state guarantees it by providing leave to all workers, encouraging the creation of boarding houses and holiday homes.
Childhood and motherhood are also protected by the state. On the occasion of the birth of a child, parents are granted leave (to one of the parents) and monetary compensation is paid. Citizens have the right to health care and medical care. Now in the Russian Federation there is insurance medicine. Treatment of citizens is paid for by insurance companies. If a citizen has reached old age or has become disabled, the right to social security applies.
Cultural rights –
These are rights designed to ensure access to education, freedom of creativity and teaching, participation in cultural life and use of cultural institutions.
A very important right of a citizen is the right to education. The right to education
is, first of all, the opportunity to acquire knowledge and skills necessary for life. Without a good education, a person will not be able to find an interesting, important business or achieve success. The doors of libraries, theaters, and museums should be open to schoolchildren. Developing children's creative abilities is one of the main goals of education. Thousands of children already at a young age make discoveries, invent new things, become laureates and diplomats of competitions and festivals, and achieve recognition.
Currently, the Federal Law “On Education” is in force in the country. It and other documents establish the procedure for obtaining education in the country, which can be carried out in different forms: studying at school, at home, in the form of external studies, etc.
The main idea of the Convention on the Rights of the Child: a child is a full-fledged person. He has his rights and responsibilities. “There are no bad children”! There are children with problems, there are children who made a mistake. But adults should not be cruel to children.
What is a crime?
Adolescence is almost the most terrible active period of a person’s life. An adult who feels an influx of physical strength seems to be able to do anything. However, lack of life experience, ignorance of criminal laws, and often simply the inability to control oneself sometimes lead to dire consequences.
People have been thinking about why people commit illegal acts for a very long time. Some experts believed that some people by nature always have a desire to do harm, and therefore they should be severely punished, “isolating everyone forever.” But the reasons that pushed people to the path of a criminal life were varied: someone had nothing to eat, and therefore he stole from others, another wanted to get rich in an easy way or take revenge on someone.
You already know that criminal liability
in our country, as a general rule, it begins
at age of 16
in the case when a person has committed a crime, but for committing some of them -
at the age of 14
. These include: murder, kidnapping, personal injury, rape, theft, robbery, robbery, extortion, theft of a car or other vehicle without the intent of theft, deliberate destruction of property, terrorism, hostage taking, false reporting of an act of terrorism, hooliganism, vandalism, theft or extortion of weapons, ammunition, drugs, psychotropic substances, rendering vehicles unusable.
Types of punishment for minors
Let's turn to the law
Criminal Code of the Russian Federation.
Extracts
Persons who were 18 years old at the time of committing a crime are considered minors.
Minors who have committed crimes may be sentenced or forced educational measures may be applied to them.
The types of punishments imposed on minors are:
- Fine;
- Deprivation of the right to engage in certain activities;
- Mandatory work;
- Correctional work;
- Arrest;
- Imprisonment for a specified period.
When assigning punishment to a minor...the conditions of his life and upbringing, level of mental development, other personality characteristics, as well as the influence of older persons on him are taken into account...
A minor who has committed a crime of minor or medium gravity for the first time may be released from criminal liability if it is recognized that his correction can be achieved through the use of compulsory educational measures.
The following compulsory educational measures may be assigned to a minor:
- Warning;
- Transfer to the supervision of parents or persons replacing them, or a specialized government body;
- Imposing the obligation to make amends for the harm caused;
- Limiting leisure time and establishing special requirements for the behavior of a minor...
Only the individual bears responsibility for the crimes committed. This means that no animals or inanimate objects, as well as companies or organizations, can incur criminal penalties. In this case, the person must be sane, i.e. aware of what he is doing. One of the signs of a crime is a person’s guilt. For example, someone deliberately decided to steal a car. He must understand that his act is dangerous and illegal.
But many things in life happen as a result of carelessness. A car driver who is accustomed to reckless driving may run into a pedestrian who did not have time to cross the street. In both cases, a crime has been committed for which you will have to answer. Sometimes a simple prank can lead to dangerous consequences, and therefore, when deciding to do something, you should think about what might happen. Someone joked and called the police with a report of a bomb that was allegedly planted in the school building. Such actions lead to monetary expenses for the special services rushing to help people. The behavior of a “joker” is a crime, and you will have to answer for it. By a court decision, a person may be deprived of his liberty, and will also be required to compensate for material damage.
Other offenses may not be as dangerous, but committing them is prohibited, and this is stated in the law. These include, for example, traveling on public transport without a ticket, damaging pay phones on the street and in public places, malicious disobedience to the lawful demands of a police officer, appearing drunk in a public place, etc. In these cases, administrative liability arises:
fine, deprivation of a special right (for example, the right to drive a car), etc.
Many crimes are committed by a group of people. This is how organized crime appears. Crimes committed by an organized group carry more severe penalties. All accomplices to the crime bear responsibility: both those who organize the event and those who directly carry it out.
How to behave as a minor when detained by police officers
The country's law enforcement agencies are called upon to ensure the protection of law, order, and security in the country. In this regard, any person, including a child, can be detained by police officers to determine their identity. However, this should not be done for more than three hours. Lawyers advise citizens to carry documents with them that could prove a person’s identity. For example, a passport, birth certificate (if a passport has not yet been received) or even an insurance policy. They contain the first name, patronymic and last name, and the passport also contains the person’s place of residence. A person can also be detained in connection with the commission of a crime or suspicion of committing a crime. In this situation, one should not panic, because state bodies are obliged to maintain order and prevent dangerous acts. In such cases, the minor may be detained for 72 hours. These are the rules of the law. Although such encounters with the police may not occur, you need to know that:
- You should immediately report what happened to your parents and relatives (for this purpose, you must have a notebook with phone numbers with you)
- Every person, including a child, has the right to protection, and therefore, from the moment of detention, you can invite a lawyer (a lawyer who protects the interests and rights of his client);
- Minors give explanations only in the presence of their legal representatives (parents, for example), and therefore, before their arrival, you can remain silent and not tell anything, except for information about yourself (last name, first name, patronymic, place of residence);
- During a personal search, which may be carried out during arrest, strangers must be present - witnesses
. It is better to empty your pockets to avoid falsifications and deceptions on the part of law enforcement agencies. During a personal search, a protocol is immediately drawn up;
- You cannot sign an unfilled arrest report, because any information that does not correspond to reality may later be entered into it. In general, you should be very careful when getting acquainted with specific documents and in conversations with police officers. If the detainee does not agree with the records of the protocol, he must write about it. Before putting your signature on a document, you must read very carefully what is written on paper. Article 51 of the Constitution of the Russian Federation states that “... no one is obliged to testify against himself, his spouse and close relatives...”. And therefore, in this case, no explanation can be given.
The detainee has the right to file complaints against the actions of those who detained him. If violence has occurred, parents and a lawyer should be informed about it.
Lawyers advise to behave politely when detained and to obey the legal demands of law enforcement officers. It is important to remember that a person’s calm state can soften the rejection of the opposite side.
In criminal cases of minors, legal assistance can be provided free of charge.
Each person is the creator of his own destiny, and by choosing a criminal lifestyle, he impoverishes himself spiritually, harms the people around him and is forced to live in conditions of constant fear and hatred. There is always another force to manifest his power, and in the world of crime there are strict rules. Living in society, respecting the rules of living together and not breaking the law, people from time immemorial have achieved success. “The law is harsh, but it is the law,” said the Romans, observing its principles.
Let's sum it up
Excessive ambitions of a teenager and lack of self-control can lead to dire consequences. If an offense occurs, you will have to answer for what you did. Regardless of the circumstances, a minor has appropriate rights when detained.
By respecting the rights of others, a person will not take the path of crime.
Children's rights in education
The right to education is one of the basic and inalienable constitutional rights of citizens, including children in the Russian Federation.
Every child, in accordance with the law, has the following rights in the field of education: to respect for his or her human dignity; to receive for the first time free primary, basic, secondary (complete) general education, primary vocational education; express their opinion when parents choose the form of education and type of educational institution; to respect and free expression of one's opinions and beliefs; for transfer to another educational institution; to receive education (basic general) in their native language, as well as to choose the language of instruction within the limits of available opportunities.
The rights of students in the educational process are regulated in more detail by the Charter of the educational institution.
It should also be noted that in education and the educational process, not only guarantees for self-education are important, but also respect for other rights of the child within the educational process.
Study of the level of legal knowledge of students in grades 7-8
The purpose of the survey is to identify the degree of awareness of students about their rights and responsibilities, to conduct a comparative analysis of the level of legal literacy among students in grades 7 and 8; check children's knowledge of documents reflecting their rights and responsibilities; performance by children of their duties, respect for the rights of the child in this educational institution.
Results of the survey
To find out the awareness of my peers about their rights and responsibilities, we conducted a questionnaire. which accepted students in grades 7-8. (see appendix)
In order to determine the needs of children and parents in legal education, a survey “Your Rights and Responsibilities” was conducted.
75% of children know their basic rights and responsibilities, the remaining 25% of children do not know their rights and responsibilities enough. 90% percent believe that fulfilling their responsibilities and demanding compliance with their rights are equally important. To the question “Do you think you need to know about your rights?” - all respondents answered “yes”.
84% of the children answered positively to the question about respect for their rights as a child at home, in the family. 76% in the questionnaire stated that they learn about their rights and responsibilities from parents and teachers. Only 50% of respondents were able to name a document protecting the rights of the child. When asked about the observance of children’s rights at school, 76% of children answered positively, 24% had difficulty answering this question
Based on the results of a survey of parents, we found that adults believe that children need legal knowledge.
While working on the project, the students were given an educational game “Legal Labyrinth” and an hour of legal knowledge “Know so as not to stumble.” An online lesson “I have the right to know” was conducted.
Conclusion
Participants received the necessary knowledge, skills and abilities in the field of human rights and freedoms, and became acquainted with human rights organizations (addresses and areas of their activities in the field of protection of human rights and freedoms). This project gave teenagers the opportunity to gain basic knowledge in the field of legal self-defense.
The implementation of the project “Teenager Rights in Modern Society” made it possible to: expand adolescents’ area of legal knowledge and skills and the ability to apply them in various life situations; gain practical experience in applying your rights; help in independently solving specific life situations related to violations of children’s rights.
Having become familiar with your rights and some responsibilities, we propose to develop your own Class Code, choosing only those proposals that are acceptable for your class:
- No one should be afraid to express their opinion on any issue.
- Be personally responsible for your words and actions.
- There should be friendship between boys and girls in the class.
- Everyone is equal in the classroom, regardless of nationality, gender or beliefs.
- Everyone has the right to a name; you should only address each other by name.
- Everyone must respect property rights and not take other people's things without permission.
- Everyone in the class should feel safe, so no one should fight or bully others.
- Our class is a friendly team, so we have everything in common.
- You need to be personally responsible for your words and actions.
- Keep order and cleanliness not only at your desk, but in the classroom and school.
Work on the project was interesting and exciting.
This topic is quite relevant and not new, however, I hope that with my project I will help those who are just starting to delve into this topic. This work is designed to help adolescents in independently solving specific life situations related to violations of children's rights
List of sources used
- Abramov V.I. Correlation of the concepts of “protection”, “protection”, “guarantee”, “ensuring” the rights of the child” State and law. 2006. No. 6.
- Abramov V.I. Legal status of the child Modern law. 2005. No. 9.
- Universal Declaration of Human Rights
- Declaration of the Rights of the Child
- Convention on the Rights of the Child
- Constitution of the Russian Federation
- Lebedev O.E., On observance of children’s rights in educational institutions of the Russian Federation. 2011
- Mastykina I. Problems of protecting children's rights in Russia 2004
- Nemytina M.V. Protection of the rights of minors in Russia: a systematic approach // Legal policy and legal life. 2004. No. 2
- D.N. Ushakov Dictionary of modern Russian language 2013
- Federal Law “On Education”
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Open lesson on the topic “Rights of a teenager”
MBOU Industrial Secondary School
Open lesson on the topic:
«Teen rights»
Class teacher of 7th grade: Apryshchenko V.A.
November 2021
Scenario
A teenager is no longer a child, but a relatively adult person. He has rights inherent in all people, including children, and the older he gets, the wider the range of his opportunities provided by law becomes.
How often do we hear about non-compliance with the rights of teenagers, but for some reason they begin to remember about their protection only after the next high-profile case. But a teenager should know what rights he has both in the family and at school; one cannot remember the need for education in this area only in moments of exposure of another blatant violation. Otherwise, what kind of protection and observance of the rights of children and minors can we talk about if the children themselves have no idea about their rights? By the way, can we adults, apart from vague muttering about the right to life, say what rights a teenager has? Apparently not, because they are violated at every step, especially when it comes to employment and the rights of working teenagers. So what rights does a teenager have?
Teenagers' rights at school
The rights of a child at school are not limited to the right to receive a free education. The teenager also has the right to:
- provision of literature from the school’s library collections;
- choice of educational institution and educational program;
- pedagogical and psychological assistance;
- transfer to another educational institution;
- free expression of one's opinion and respect for one's convictions;
- leaving an educational institution until completing secondary education upon reaching the age of 15, with parental consent;
- training in conditions that guarantee its safety and also meet modern requirements and training standards;
- voluntary participation in school improvement activities;
- hold meetings and rallies outside of school hours if there is a suspicion of a violation of their rights;
- create public organizations at school, starting at the age of 8 years.
Rights of a teenager in the family
Without parental consent, children aged 6-14 years have the right to carry out small household transactions, to dispose of funds provided by guardians or parents and to carry out transactions that should bring benefits without spending money.
After reaching the age of 14, a teenager’s rights expand. Now he has the right to dispose of his money (scholarship, earnings or other income); enjoy all the rights of authors of works of art, science, literature or invention; invest money in bank accounts and manage them at your own discretion.
Employment rights of a teenager
Employment is possible from the age of 14 with the consent of parents and the organization's trade union. If there are jobs available, the employer is obliged to hire a minor. A minor teenager has the right to be recognized as unemployed upon reaching 16 years of age. An agreement on full financial responsibility is not concluded with minors, and they do not have the right to be assigned tests when hiring. Also, a teenager cannot be hired for a job with a probationary period of more than 3 months; with agreement with the trade union, the probationary period can be extended to 6 months. It is prohibited to employ minors in work associated with harmful and dangerous working conditions, underground work and work associated with lifting weights above the norm. Teenagers aged 16 to 18 years cannot carry loads exceeding 2 kg; carrying loads heavier than 4.1 kg is allowed for a third of the working time. Working hours cannot be more than 5 hours a day for adolescents aged 15-16 years, and 7 hours for those aged 16 to 18 years. When undergoing training and combining study with work, the working day should be no more than 2.5 hours if the employee is 14-16 years old, and no more than 3.5 hours if the employee is 16-18 years old. Dismissal is allowed only in agreement with the Commission on Minors' Affairs and the State. Labor inspection or when providing other work.
The teenager also has property rights. Moreover, he can not only be the owner of the property, but also has the right to make small transactions. For example, he can give his brand new bicycle to a friend for a ride, exchange it for a collection of stickers, and even if the deal turns out to be unprofitable, his parents should not blame him for this - after all, the bicycle was his, they themselves focused on this by making such a birthday gift. Another thing is that there is no need to rush to buy your child a new vehicle: let him have the opportunity to comprehend his action and bear responsibility for his decision.
Let parents be sure that they know better than anyone that their boy or girl is better. Let them wish him only good and have exclusive knowledge of what exactly this good consists of. Let's say they are actually worried that their “baby” might make a mistake and get into a bad story, because “he is so gullible and inexperienced.” It's time to understand that the world has turned upside down: in front of them is not a boy and a girl, I am a boy and a girl. No one except the teenager himself can know better what the soul craves, which friends are good and comfortable, and with whom communication is a burden. He wants to gain valuable experience, which, according to his parents, he lacks, but not by listening to the advice of his elders, but by exercising his rights: first to choose, then to make a mistake and, finally, to change his mind. And no matter how scary it may be to let your “child” go into the world of adults, this will have to be done, otherwise their child will remain an undergrowth who cannot stand up for himself and answer for his actions. Yesterday it was good to lead a child by the hand, today it was good to let her go. You just need to understand this - and it will become easier: both for mom and dad, and for the teenager.