The emancipation of minor citizens is a rather complex and completely atypical procedure. In fact, this means that a person under 18 years of age, but over sixteen, is recognized as capable, responsible, independent, that is, acquires the corresponding capabilities and obligations.
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Definition and conditions of emancipation
Having reached the age of sixteen, a minor teenager can undergo early emancipation.
The definition of such a process can be expressed as follows: a citizen enters into his rights and the responsibilities associated with them long before he reaches adulthood. In essence, this is a declaration of his legal capacity ahead of schedule. Having received this status, the teenager becomes independent from his parents or guardians. He takes full responsibility for his life and actions. Including legal ones. Therefore, readiness for such a serious step must be tested. In addition to the consent of his parents, the decision on emancipation is made by the guardianship authorities. And in some cases, only the court can give permission.
Attention! Legal authorities are obliged to check all the reasons that led the teenager to such a decision. After all, the spontaneous desire of a minor is not enough to take on the responsibilities of a full-fledged citizen.
To obtain the status of a legally competent person, the following conditions are necessary:
- The intention to enter into official marriage or the teenager is already in an early marital union.
- If the minor himself became a father or mother.
- The family of a boy or girl does not correspond to social norms, and the relationships in it are antimoral.
- Violence of any nature against a minor may serve as a decision to emancipate him. But more often, the teenager’s parents are deprived of their rights, and the teenager himself is placed under the supervision of the guardianship authorities.
- Independence from the financial support of parents or guardians.
- The reluctance of the people responsible for the teenager’s life to continue supporting him.
The presence of one or even several conditions is not yet a reason for receiving emancipation. It occurs only if there is evidence that the teenager can make independent decisions and is financially independent from anyone. In most cases, only a court can make a decision.
Why emancipate?
The meaning of emancipation is the early acquisition of full legal capacity, so that a minor does not need to obtain consent from his parents/adoptive parents/guardian each time to engage in entrepreneurial activity. A competent citizen is a person who can understand the meaning of his actions or manage them, that is, he is aware of the legal consequences. In accordance with Art. 27 of the Civil Code of the Russian Federation, a minor who has reached 16 years of age can be declared fully capable:
- If he works under an employment contract, including a contract;
- With the consent of parents, adoptive parents or guardian, engages in entrepreneurial activities.
The guardianship and trusteeship authority can recognize a minor as fully capable by its decision - with the consent of both parents/adoptive parents/trustee. In the absence of such consent, the issue is resolved through the court. It is important to understand that such a decision, if it was made legally, is irrevocable! Parents, adoptive parents and guardians are not liable for the obligations of an emancipated minor (Clause 2 of Article 27 of the Civil Code of the Russian Federation).
Grounds for declaring a minor citizen emancipated
According to the law, everyone has the legal capacity of citizens, regardless of age. The difference lies in the scope of legal capacity. The law determines the legal capacity of citizens, which begins at the moment of birth and ends with death. The main characteristic of legal capacity is the volume, which determines the ability of citizens to dispose of property, receive income from business activities or carry out other types of work.
Types of activities that determine the scope of legal capacity:
- Inheritance and will of property.
- Ownership.
- Entrepreneurship.
- Creation of a legal entity.
- Making transactions.
- Choosing a place to live.
- Copyrights for works of literature and art, intellectual property.
All property and non-property rights of a citizen must not go beyond the law. With the onset of adulthood, a person receives full legal capacity, this extends to labor, property, family rights, and the ability to independently carry out transactions. Until the age of 18, a teenager acts through legal representatives (parents, guardians). In some cases, it is possible to establish full legal capacity at an earlier age - for example, at 16 years old. The provisions of the Civil Code state that a minor can obtain full legal capacity if he works under an employment contract. Having received emancipation, he can dispose of income at his own discretion, make transactions, and have rights and obligations in business.
The legal consequences of emancipation are the ability to carry out various transactions without the need to obtain permission from parents or guardians each time. This expands the rights of the minor and saves his time. To obtain emancipation, a minor must have permission:
- Parents or guardians, guardians;
- Guardianship authorities.
If permission is not available, emancipation can be obtained by court decision.
What do guardianship authorities and the court pay attention to when granting emancipation to a teenager?
- Features of the work or business that he conducts.
- Job stability.
- The health status of the teenager.
- Income level.
- Availability of property.
- Other conditions that may affect the minor's normal life.
Since adolescents, along with broad rights, receive certain responsibilities, the decision to grant emancipation must be balanced and thoughtful. A teenager receives all the responsibilities of an adult, but is not always ready for them. Not every teenager is mature and developed enough to enjoy full legal capacity.
Grounds for emancipation of minors
From the point of view of legislation, an emancipated teenager is a full-fledged member of society and the attitude towards him is the same as towards adult, adult citizens. He has all the same rights and obligations and is fully responsible before the law. Emancipation of a teenager is the entry into the rights of an adult before reaching the age of 18 years.
A teenager can become completely independent from his parents and take on both legal and financial responsibility. This process takes place officially and the final decision to recognize a minor citizen as completely independent is made by the court, based on certain circumstances and grounds.
According to the Civil Code, namely article number 27, the emancipation of adolescents who have reached the age of 16 years is carried out in the following cases:
- Work performed with the conclusion of an employment contract or the basis of a contract between two parties.
- Carrying out entrepreneurial activities by minors. It must be carried out in agreement with the parents or legal representatives of the teenager.
- Entry into legal marriage.
Only the court or guardianship authorities can fully recognize the legal capacity of a minor citizen. The procedure for obtaining it is spelled out in detail in the Civil Code, namely in Chapter 32. Please note that recognition of the legal capacity of a minor may be lost if a marriage involving a teenager is declared invalid and annulled.
The concept of emancipation in civil law
Emancipation is a concept whose essence boils down to refusal, liberation from dependence of various kinds. The problem of emancipation is considered by sociologists, lawyers, and psychologists all over the world and is a serious issue in building a modern society. In a narrow sense, the word from which the modern concept of “emancipation” comes means liberation from paternal protection; in a broad sense, it means renunciation of property rights, powers that are not destroyed, but are transferred to another person.
The concept of "emancipation" is not limited to women's rights to equal rights with men - this is a common misconception.
The institution of emancipation concerns minors, sexual and national minorities, men and women.
The concept is new for Russia and appeared within the framework of civil legislation only in 1994 with the release of part one of the Civil Code. The legal consequences of emancipation described in the code initially concerned minors.
The reason for the appearance of this concept in the Civil Code of the Russian Federation is a change in the type and structure of the economy. The goal is to provide minors with legal rights and opportunities to engage in business, manage material resources - the results of earnings, and make large transactions. According to the law, teenagers from 14 to 18 years old can carry out large transactions only with the written consent of official legal representatives (for example, parents). If a minor teenager receives emancipation, then the written consent of parents, guardians, and adoptive parents is not required to make transactions.
The following concepts are associated with the concept of emancipation:
- Legal capacity is the ability to bear obligations that are an integral part of the rights of a citizen.
- Legal capacity is the ability to perform actions through which a citizen can acquire rights, exercise them, and perform civil duties.
The problem of emancipation continues to be solved at the present stage, thanks to legal grounds in the form of laws and regulations. The main issue that has not yet been fully resolved is the scope of the responsibilities and rights of an emancipated teenager.
The status of an emancipated citizen gives the right to full legal capacity, which is enshrined in legal acts.
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Conditions for the emancipation of minors
An emancipated teenager, according to the law, has the opportunity to enjoy a number of rights and bear legal responsibility for his actions. The procedure for obtaining the status of a fully capable person is described in the Civil Code. The grounds are marriage, permission to work under an agreement or contract, and the opportunity to independently engage in entrepreneurial activity.
We note the fact that after a minor is recognized as fully capable and emancipated, parents and other legal representatives no longer bear any responsibility for him. All legal responsibility is transferred to the shoulders of the teenager, who is considered an adult by law.
We have already said that only the court or the guardianship and trusteeship authorities can recognize a teenager as emancipated. For this you will need the following documents
:
- An application from a minor citizen demanding that he be recognized as fully capable.
- Written permission from parents or other legal representatives.
- Original and copy of passport.
- Original and copy of birth certificate.
- An employment contract or a certificate of registration of an individual entrepreneur in the name of a minor.
The period for making a decision on recognizing a minor as fully capable is one month. For Moscow residents, this period can be halved.
What is emancipation? Conditions for its occurrence?
Assignment for practical lesson No. 1 on Civil Law
(Civil Code of the Russian Federation, part one).
What is emancipation? Conditions for its occurrence?
In accordance with Art. 27 of the Civil Code of the Russian Federation, emancipation is the declaration of a minor citizen who has reached the age of 16 years as fully capable if he works under an employment contract, including a contract, or carries out entrepreneurial activities with the consent of his parents, adoptive parents, or guardian.
The condition for emancipation is that the minor has independent income based on permanent work under an employment agreement (contract) or entrepreneurial activity. Membership in a production cooperative, if it provides the minor with the necessary means of subsistence, can also be recognized by the guardianship authority or the court as a basis for his emancipation. If a minor performs work under a contract, assignment or commission, then he does not have the right to emancipation, since this does not create an employment relationship.
Emancipation is carried out by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or in the absence of such consent - by a court decision. However, there is no doubt that although the form of emancipation is not defined in Article 27 of the Civil Code of the Russian Federation, emancipation can only be declared on the basis of a statement from a minor (written or oral). From the moment the decision of the guardianship authority or court comes into force, a person who has reached the age of 16 becomes a fully capable citizen.
The conditions for emancipation are:
1. Reaching 16 years of age.
2. Carrying out labor activities:
work under an employment agreement/contract;
3. Engagement in entrepreneurial activity with parental consent.
At the same time, there are two states. bodies that decide on emancipation:
1. Guardianship and trusteeship authority - if there is parental consent.
2. Court - if there is no parental consent.
2. A child left without parental care may be assigned:
A) guardian;
B) trustee;
B) cartridge;
1. Guardianship or trusteeship is established over children left without parental care (clause 1 of Article 121 of this Code), for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
2. Guardianship is established over children under the age of fourteen.
Guardianship is established over children aged fourteen to eighteen years.
What are the grounds for declaring a citizen incompetent and limiting his legal capacity?
An incapacitated person is a citizen who is unable to understand the meaning of his actions and control them
By virtue of the amendments to the Civil Code that have entered into force regarding the legal capacity of persons with mental illnesses, a citizen with mental problems can only be limited in legal capacity if he:
1. has a mental disorder;
2. with the help of third parties, can be aware of and manage their actions. A person declared completely incompetent is deprived of the right to commit legally significant actions. For example, he can no longer manage his pension, make purchases, pay for utilities, etc. - all such actions are performed by a court-appointed guardian.
A person with limited legal capacity has the right to carry out simple household transactions (for example, buying basic necessities, receiving things as gifts, etc.).
A citizen has the right to enter into more responsible transactions with the written permission of the trustee.
What are the grounds for declaring a citizen dead?
Is the concept of legal capacity applicable to a legal entity?
Justify your statement.
As such, the concept of “capacity of legal entities” does not exist and is not enshrined in law. However, legal entities are capable of not only having rights and obligations, but also exercising them. Their legal capacity comes from the moment of creation. Tort capacity is the ability to be held accountable for one’s actions (actions and inactions) and, above all, for committed offenses.
Only persons with legal capacity can be held accountable for their actions. And legal capacity can only be limited by a court. For example, a person may be completely deprived of legal capacity by a court if he abuses alcohol and drugs and does not provide for his family.
The court may also limit legal capacity in the event of a finding of mental illness. In such cases, the person is recognized as incompetent, and accordingly he will not be held accountable for his actions. The legal criterion according to which the degree of recognition of a person’s incapacity is determined is established in each branch of law independently.
If a person is declared completely incompetent, then, of course, he is considered incapable of delict and will not be held accountable for his actions. According to Russian legislation, not all organizations and institutions can act as legal entities, but only those that meet certain conditions. The characteristics of a legal entity are formulated in Art. 48 Civil Code of the Russian Federation. These are: 1) property isolation; 2) the ability to acquire corresponding rights and bear obligations on one’s own behalf; 3) be a plaintiff and defendant in court. The very concept of a legal entity has meaning mainly in civil law, i.e. in property and liability relations.
Real estate objects?
A) 5 years;
B) 10 years;
At the age of 15.
Acquisitive limitation period for things not related to
real estate is five years old
Thousand rubles, leaving him a fur coat worth 100 thousand rubles as collateral. However, a few days later, a fire broke out in the house where Sidorov lived (due to the fault of his neighbor, which was proven). As a result, Sidorov's apartment and Ivanova's fur coat burned down. Having learned about this, Ivanova refused to repay the debt and, moreover, demanded that Sidorov return 50 thousand rubles to her. (the difference between the debt and the cost of the fur coat). Sidorov did not agree with this and filed a lawsuit to return Ivanova’s debt, also providing the court with documents confirming that the fire and, accordingly, the destruction of the collateral was not his fault. What decision do you think the court made? Justify this with reference to the relevant articles of the Civil Code of the Russian Federation.
Before marriage, the wife received an old dacha as a gift from her grandmother, which the couple rebuilt and overhauled during the marriage. Question: Is this dacha the joint property of the spouses or is it the property of the spouse?
Assignment for practical lesson No. 1 on Civil Law
(Civil Code of the Russian Federation, part one).
What is emancipation? Conditions for its occurrence?
In accordance with Art. 27 of the Civil Code of the Russian Federation, emancipation is the declaration of a minor citizen who has reached the age of 16 years as fully capable if he works under an employment contract, including a contract, or carries out entrepreneurial activities with the consent of his parents, adoptive parents, or guardian.
The condition for emancipation is that the minor has independent income based on permanent work under an employment agreement (contract) or entrepreneurial activity. Membership in a production cooperative, if it provides the minor with the necessary means of subsistence, can also be recognized by the guardianship authority or the court as a basis for his emancipation. If a minor performs work under a contract, assignment or commission, then he does not have the right to emancipation, since this does not create an employment relationship.
Emancipation is carried out by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or in the absence of such consent - by a court decision. However, there is no doubt that although the form of emancipation is not defined in Article 27 of the Civil Code of the Russian Federation, emancipation can only be declared on the basis of a statement from a minor (written or oral). From the moment the decision of the guardianship authority or court comes into force, a person who has reached the age of 16 becomes a fully capable citizen.
The conditions for emancipation are:
1. Reaching 16 years of age.
2. Carrying out labor activities:
work under an employment agreement/contract;
3. Engagement in entrepreneurial activity with parental consent.
At the same time, there are two states. bodies that decide on emancipation:
1. Guardianship and trusteeship authority - if there is parental consent.
2. Court - if there is no parental consent.
2. A child left without parental care may be assigned:
A) guardian;
B) trustee;
B) cartridge;
1. Guardianship or trusteeship is established over children left without parental care (clause 1 of Article 121 of this Code), for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
2. Guardianship is established over children under the age of fourteen.
Guardianship is established over children aged fourteen to eighteen years.
Features of legal emancipation
An application to recognize a minor as fully capable may be submitted by one of the parents or legal representatives. Guardianship and trusteeship authorities may also make a petition. If the guardianship authority considered the application to recognize the minor as emancipated and refused it, with written permission from the parents or legal representatives, then the teenager or his parents can appeal the decision of the inspectorate through the court.
Let us note that emancipation is an irrevocable process that cannot be appealed or cancelled. It can only be annulled, the decision to declare a person fully capable can be declared invalid. There must be compelling reasons for this, which will need to be presented in court, since the procedure for canceling a decision on the emancipation of a minor is carried out exclusively through the court. Therefore, after a decision is made on the emancipation of a minor by the competent authorities, he acquires full civil capacity and legal responsibility for his actions and deeds.
Conditions for the emancipation of a teenager
The emancipation of a teenager is possible only if certain reasons and conditions are present. Let's look at what we're talking about.
- The possibility of emancipation occurs if a teenager who has not reached the age of majority is about to enter into an official marriage or is already in one.
- In some cases, the emancipation of a teenager is possible if he himself has become a parent (mother or father).
- The court will decide to emancipate the teenager if the moral atmosphere in the family in which the teenager lives is unbearable and contrary to social norms.
- Violence of any nature against a teenager can serve as a reason for emancipation, but only if additional factors are present. Sometimes cases of violence lead to the deprivation of parents' rights to the child and the transfer of the teenager to the care of state institutions.
- A teenager's complete financial independence from his parents or guardians can also serve as a good reason for the teenager's emancipation.
- If the parents or guardians are against the teenager living with them, and they no longer intend to have custody of him, then the court may decide on emancipation.
How to emancipate
The administrative regulations for the provision of public services for declaring a minor fully capable (emancipation), which is applied by the guardianship and trusteeship authorities, are adopted in each region, so when preparing documents it is necessary to be guided by the act of your region.
In order to become emancipated, you first need to prepare the following documents:
| Document | Form, return |
| Birth certificate of a minor | Original Provided only for viewing (making a copy) at the beginning of the service |
| Minor's passport | Original Provided only for viewing (making a copy) at the beginning of the service |
| Passports of legal representatives of a minor | Originals are provided only for viewing (making a copy) at the beginning of the service. |
| Request (application) for the provision of public services | Original Provided without return |
| Written consent of the legal representatives of the minor | Original Provided without return |
| Documents confirming work activity | Originals are provided without return |
Documents are submitted to the district department of social protection of the population at the place of residence. The period for providing the service is 15 working days.
As a result you will get:
- Announcement of recognition of a minor as fully capable
OR
- Refusal to recognize a minor as fully capable.
Responsibilities and rights of an emancipated person
For some young citizens, the opportunity to become emancipated is seen in the wrong light. In their understanding, this is something interesting and even cool. Few teenagers understand the depth of responsibility associated with this step and the burden of responsibilities. As a rule, minors are attracted only by the rights of a full-fledged citizen.
Meanwhile, there are serious nuances that everyone who wants to undergo emancipation needs to know:
- The teenager is obliged to provide himself with housing and pay for it in full.
- Responsibility for one’s health, as well as the costs of restoring or maintaining it, falls on the shoulders of the boy or girl. They will have to independently choose specialists and medical institutions, as well as medications, according to their financial status.
- Demands from parents to cover the basic needs of life become untenable and, most likely, will lead nowhere.
- If you have the right to obtain any profession, you will have to bear the costs of realizing this desire yourself.
- Emancipated citizens no longer have the right to ask for assistance in services for children and adolescents.
Receipt
The most common reason for becoming emancipated is financial independence from parents. A young citizen who, according to the legislation of the Russian Federation, works under a contract or is engaged in entrepreneurial activity, has every right to receive early status as legally capable.
Only the mandatory consent of parents or guardians is required. They can also apply for an emancipation procedure, just like the minor himself.
With the help of guardianship authorities
Guardianship and trusteeship authorities carry out the process of recognizing a minor as legally competent according to a simplified procedure. It is enough to confirm the financial independence of the teenager and the consent of his parents. If one of them disagrees, the issue is referred to the court. But there may be exceptions.
Emancipation is possible if:
- One of the parents or guardians has died.
- Declared dead or missing by the court.
- Is incapacitated.
- The mother of a minor has the status of a single mother.
- The child is adopted by only one parent.
- One of the parents was deprived of his rights.
- There are other objective reasons that must have a documentary basis.
In the case of a young citizen working under a contract, it is enough to present an employment contract. It must have the original stamp and signature of the employer. But the involvement of a minor in entrepreneurship raises doubts among many experts.
Important! To register a company with the tax service, you must present a certificate of emancipation. And in order to receive it, you need to confirm your entrepreneurial activity. It turns out to be a vicious circle.
And the independence of the young businessman remains in doubt. After all, to complete any transaction, he will need written permission from his parents. Otherwise, according to the law, these transactions may be considered invalid.
Only a judge can resolve this issue. Therefore, all controversial issues, including the disagreement of one of the persons responsible for the minor, must be considered in court.
Judicial order
A minor can be recognized as legally competent even if his parents or guardians do not consent. In this case, he must submit an application to the court, which must indicate:
- The name of the court that will hear the issue.
- Place of residence and details of the applicant (full name).
- The grounds for your demand for recognition as competent.
- Evidence of grounds.
- List of documents attached to the case.
The procedure for drawing up an application is specified in Article 131 of the Code of Civil Procedure of the Russian Federation. Failure of one of the interested parties to appear in court results in the adjournment of the hearing.
Attention! Whatever the decision on emancipation, it can be appealed to a higher authority.
In case of refusal, the minor can re-file a new appeal to the court, but be sure to attach evidence of his complete independence.
What is emancipation of minors?
June 25, 2018
Emancipation is the declaration of a minor who has reached the age of 16 as fully capable, i.e. capable of exercising civil rights and fulfilling duties through their actions. The procedure for declaring a minor emancipated is regulated by the Civil Code of the Russian Federation. In accordance with current legislation, full legal capacity arises upon reaching adulthood. A minor who has reached the age of 16 may be declared fully capable if he works under an employment contract (including a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activity. Emancipation is the declaration of such a minor as fully capable. Emancipation is not the only possible way for a citizen to acquire full legal capacity before reaching adulthood. Thus, if the law allows marriage before the age of 18, the minor acquires full legal capacity from the time of marriage. The legal capacity acquired in this case is retained in full even in the event of divorce before reaching the age of 18. If both legal representatives of the child agree to declare him fully capable, the guardianship and trusteeship authority makes a decision on the emancipation of the minor. If the consent of the parents, adoptive parents (one of them) or the trustee for the emancipation of the child is absent, the child has the right to apply to the district court at his place of residence with an application to declare him fully capable. Cases on declaring the emancipation of a minor are considered by the court in a special proceeding with the participation of the minor, his parents, adoptive parents (one of them), a trustee, as well as a representative of the guardianship and trusteeship authority, the prosecutor. The application must be accompanied, in particular, by copies of documents confirming the grounds for emancipation (for example, a copy of the concluded employment contract), as well as a document confirming payment of the state duty. From the moment of emancipation, the minor acquires full civil capacity. At the same time, his parents (adoptive parents, guardian) are not liable for his obligations arising, in particular, as a result of causing harm to them. An emancipated minor does not acquire the rights and obligations in respect of which the age limit is established by federal law. For example, he cannot obtain a driver’s license, with the exception of the right to drive vehicles of category “M” and subcategory “A1”. Prepared by the Sasovo Interdistrict Prosecutor's Office
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The procedure for recognizing a teenager as emancipated through the guardianship authorities
The procedure for recognizing a teenager as emancipated by default occurs through the guardianship and trusteeship authorities. It is possible if the legal representatives of the minor agree to declare a person over 16 years of age emancipated. Usually these are parents. The absence of such consent makes it impossible to carry out the procedure out of court.
The decision on the emancipation of a teenager is made by the guardianship and trusteeship authorities in the following order:
- The guardianship and trusteeship authorities receive a petition to recognize the full legal capacity of the teenager. It can be submitted by the minor himself or his parents (representatives). The petition for emancipation is accompanied by the written consent of the parents to declare the teenager legally competent.
- The application for recognition of legal capacity is considered within a certain time frame, and a decision is made on this basis. The application is considered in the personal presence of the minor and his legal representatives. This is necessary to ensure that the parties are aware of the civil consequences of their actions. Based on this, the time frame for consideration of the application is 1 month, but regional laws may introduce other time limits for processing citizens’ appeals. For example, for Moscow the terms are no more than 2 weeks (in exceptional situations - a month).
- Based on the results of consideration of the request, the guardianship and trusteeship authorities make a decision to satisfy the request for full recognition of the legal capacity of the minor or to refuse. The refusal must be justified and can be appealed in court.
How the decision is made
The decision to emancipate is quite responsible, since the teenager as a result takes on a whole range of obligations of an adult . Therefore, it is accepted taking into account the following circumstances:
- How long and stable is the minor’s work activity or entrepreneurial practice?
- What is his level of income or salary, how regular is he?
- Does the teenager own any property?
- What is the state of his health?
- Other factors.
The representative of the guardianship and trusteeship authorities must make sure that the child, based on his mental development and level of life experience, can participate in civil transactions without support and assistance from his parents. When considering the application, the motives for emancipation are taken into account, as well as to what extent the child’s will can be considered conscious and free.
List of documents
To announce emancipation through the guardianship authorities, you must collect the following documents:
- Application for recognition of full legal capacity.
- Applicant's passport.
- Consent of both parents to recognize full legal capacity. If one of the parents is deceased or deprived of parental rights, then it is sufficient to obtain the consent of one of the parents.
- Documents that serve as proof of compliance with the conditions necessary for emancipation. These include: an employment contract and a copy of the work book, a certificate of registration as an individual entrepreneur (extract from the Unified State Register of Individual Entrepreneurs), a tax return to confirm income or a 2-NDFL certificate.
If it is not possible to establish the whereabouts of the parents, or the parent avoids raising and maintaining the child without good reason, then taking into account his opinion is not mandatory.
How to obtain full legal capacity through the court?
If the parents of a minor (or one of them) or the guardianship and trusteeship authority do not agree with recognizing him as fully capable, he has the right to seek this status in a court of general jurisdiction at his place of residence. To do this, the teenager must submit an application to the court to recognize him as fully capable. The application must be accompanied by:
- grounds for emancipation - copies of an employment contract with the employer, a certificate that he is an individual entrepreneur, documents on the taxation of a teenager as an individual entrepreneur, and others;
- written refusal of parents or other legal representatives, guardianship and trusteeship authorities to declare the minor fully capable (in the absence of such a document, the court does not have the right to refuse to accept the application).
Consideration of the application on the merits of the minor takes place in a court hearing with the obligatory participation of the applicant himself, one or both parents, adoptive parents (adoptive parent), trustee, as well as a representative of the guardianship and trusteeship authority, the prosecutor. As a result of considering the case, the court makes a decision by which it either satisfies the minor’s application or refuses to satisfy it. In the first case, the minor is declared fully capable (emancipated) from the day the court decision on emancipation enters into legal force.
Emancipation
The procedural procedure for declaring a minor fully capable (emancipation) is regulated by Ch.
32 Code of Civil Procedure of the Russian Federation. A minor who has reached the age of sixteen may apply to the court at his place of residence with an application to declare him fully capable in the case provided for in paragraph 1 of Art. 27 Civil Code of the Russian Federation:
- if he works under an employment contract, including a contract, or
- with the consent of parents, adoptive parents or guardian, engages in entrepreneurial activities.
A minor is declared fully capable (emancipation)
- by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or
- by court decision - in the absence of such consent.
Thus, an application to declare a minor fully capable is accepted by the court only in the absence of the consent of the parents (one of the parents), adoptive parents or trustee to declare the minor fully capable.
The application is considered by the court with the participation
- the applicant
- parents (one of the parents), adoptive parents (adoptive parent), trustee, as well as
- representative of the guardianship and trusteeship authority,
- prosecutor.
The court, having considered the merits of the application to declare the minor fully capable, makes a decision by which it satisfies or rejects the applicant’s request.
If the stated request is satisfied, a minor who has reached the age of sixteen years is declared fully capable (emancipated) from the date the court decision on emancipation enters into legal force.
Parents, adoptive parents and guardians are not liable for the obligations of an emancipated minor, in particular for obligations arising as a result of causing harm to them (Article 27 of the Civil Code of the Russian Federation).
Civil consequences
A person who has received the status of full legal capacity will independently bear full responsibility for all of his obligations. Parents and adoptive parents do not bear such responsibility for the obligations of a minor. An emancipated teenager can independently exercise civil rights, create responsibilities and fulfill them . For example, a teenager will be able to independently buy and sell real estate and sign contracts without parental consent.
It is important to understand that emancipation is an irrevocable act and cannot be undone. You can only achieve invalidation of a decision declaring a person fully capable. Such recognition is carried out with the mandatory participation of representatives of guardianship, the minor himself and his legal representatives.
What should not even emancipated teenagers do?
Obtaining emancipated status does not guarantee a teenager the full range of rights. The teenager will still not be able to buy alcohol and cigarettes in stores. Emancipation does not reduce the minimum age limit for purchasing alcohol and tobacco products: it is 18 years old.
Also, only after reaching 18 years of age will a teenager have access to:
- Obtaining a driver's license category A, B, C.
- Participation in voting and referendums.
- Nomination of candidates for positions of state and municipal employees.
To run for State Duma deputies or obtain a category D license, you will have to wait until you turn 21 years old. For presidential candidates, the minimum threshold will be 35 years.
