Parents of any child should be responsible for their responsibilities, which include providing for and raising children. But often it is necessary to face improper fulfillment of parental duties by some citizens. Such violations are detected by neighbors, educators or teachers, as well as other interested parties. Parents may be held administratively or civilly liable for such actions. Some violations are punishable by the Criminal Code of the Russian Federation.
What responsibilities do parents have?
Each parent has both rights and obligations in relation to his child. These include:
- juvenile education;
- responsibility for the actions of children;
- mental, moral and spiritual development of babies;
- providing minors with the opportunity to receive free education;
- protecting the interests of babies;
- providing children with the necessary items to ensure their optimal living and development;
- meeting the basic needs of every person;
- absence during the upbringing of a rude or cruel attitude;
- the use of abusive or derogatory terms to children is not allowed;
- harming the mental state of children in any way is not permitted;
- providing an optimal place for a child to live;
- taking into account the views of the baby in relation to any educational measures after he turns 10 years old;
- if necessary, parents can seek help from teachers, medical staff, or social workers.
Basic information about what responsibilities parents have are prescribed in Art. 65 UK. Citizens can independently determine what educational methods they will apply. But if inappropriate fulfillment of parental responsibilities is revealed, then people will be held accountable. It can be represented not only by fines and warnings, but also by forced labor or even a prison term.
Principal Responsibilities
Responsibility for improper performance of parental duties can be presented in the following forms:
- criminal is provided for revealing truly serious crimes against children;
- civil is applied in case of violations in the property sphere;
- Administration is used if parents do not fulfill or exceed their obligations.
Responsibility is provided not only for violations by parents, but also on the condition that children themselves become violators or criminals. Therefore, it is proper education that affects the future life of each child.
What is criminalized for?
According to the Criminal Code, improper fulfillment of parental duties may become the basis for bringing citizens to criminal liability. In this case, acts committed by people are crimes. Most often, according to the Criminal Code of the Russian Federation, improper performance of parental duties is presented in the following violations:
- emotional or physical abuse is applied to the child;
- parents humiliate the dignity of the baby;
- Impossible requirements are imposed on a minor;
- lack of reaction to violence committed by relatives in relation to the child;
- depriving the baby of the basic items necessary for his life, for example, food, clothing or medicine.
For such violations, the most severe penalties apply.
What is the punishment under the Criminal Code?
The criminal liability of parents for improper performance of parental duties is presented in the following forms:
- imprisonment for up to three years;
- a fine of up to 100 thousand rubles;
- deprivation of the right to occupy senior positions, as well as to work in organizations related to the education or upbringing of children;
- assignment of compulsory work for up to 400 hours.
The exact type of punishment is chosen exclusively by the court, for which numerous mitigating and aggravating circumstances are assessed.
Civil responsibility
This type of liability applies if the improper performance of parental duties is associated with causing property damage to children. Additionally, this includes situations where the minor directly causes any property damage to other persons. Parents are responsible if the child is not yet 14 years old. This is due to the fact that at this age, children cannot fully control the actions they implement, and usually this is also associated with poor parenting and control.
There are frequent situations when property damage is caused by children while they are in school or hospital. It is the employees of organizations that must look after minors, so the responsibility lies with the officials of these institutions.
As soon as the child turns 14 years old, he is independently responsible for his illegal actions. The infliction of property damage leads to the fact that it is required to compensate such damage in cash. Usually, children between the ages of 14 and 18 do not have official work, so responsibility is shifted to official representatives. Even if the father does not live together with his child, he is still responsible for the actions performed by the minor.
What does the UK say?
The IC contains basic information about what is improper fulfillment of parental responsibilities, as well as what consequences citizens are forced to face when this fact is revealed. In some situations, this leads to the fact that citizens are deprived of their parental rights. This punishment may be used alone or in combination with other interventions.
Only the court can decide on the need to deprive parents of their rights to children. Typically, this measure is applied in the following situations:
- citizens enjoy their rights without taking into account the interests and rights of young children, which allows them to receive certain benefits, for example, parents force babies to roam or steal;
- the fact of harsh treatment of minors is established;
- different types of humiliations or psychological pressure are applied to the baby;
- the parent intentionally attempted the life of the child;
- identification of alcohol or drug addiction in parents, which leads to a deterioration in the moral condition of children;
- the parent deliberately avoids paying the alimony necessary for the optimal financial support of the minor.
The initiator of the trial may be one of the parents or a representative of the guardianship authorities. Often, the procedure begins after employees of educational or medical institutions submit applications to the police or the court. Often the initiators are neighbors who know well what the situation is in the family.
When does administrative responsibility apply?
According to the Code of Administrative Offenses, improper fulfillment of parental duties may become the basis for holding citizens accountable.Typically, such measures are applied if parents are unable to properly manage their responsibilities towards young family members. The same applies to situations when citizens are exceeded.
In this case, a fine or arrest is usually used for improper performance of parental duties. Article 5.35 of the Code of Administrative Offenses contains information on the penalties used. Most often, this responsibility applies in the following situations:
- the mother forbids the baby to see his father, although the man, on the basis of a court decision, has the right to meet and communicate;
- one of the parents refuses to engage in material support for the child;
- prohibit citizens from attending school or other free educational institutions;
- the interests of the baby are not optimally protected.
A penalty is imposed for the improper performance of parental duties under administrative responsibility.
What types of punishments under the Code of Administrative Offenses apply?
If the judge decides to bring citizens to administrative responsibility, he can choose several types of punishments. To do this, they evaluate what specific actions were performed by citizens, which is interpreted as improper performance of parental duties. Article CAO 5.35 contains the following types of punishments:
- a fine in the amount of 100 rubles. up to 3 thousand rubles;
- arrest for up to 5 days;
- increase in fine to 6 thousand rubles.
But such forms of punishment rarely scare people, so often parents really use different wrong rules of upbringing, which leads to negative consequences for the younger generation. According to the Code of Administrative Offenses, improper fulfillment of parental duties can only become the basis for a fine or arrest for a short period of time, therefore, such penalties are used for minor violations by citizens.
Where to complain about parents?
If the neighbors or school workers reveal that the parents communicate with the child in violation of the rights or interests of minors, then they can affect this situation. To do this, you can file a complaint with different authorities:
- guardianship offices located in each region;
- making a statement to the police.
Based on such complaints, a check will be carried out, the main purpose of which is to establish the living conditions of the child. If it is revealed that the parents really violate the rights or interests of the baby, do not provide him financially or humiliate his dignity, then the necessary documents are collected for transfer to the court.
The nuances of making a court decision
The penalties applicable to negligent parents are chosen solely by the judge. To do this, he can insist on different experiments or tests. During decision making, the following factors are taken into account:
- which rights and interests of the child are violated;
- Is there a need to deprive citizens of their rights to children;
- whether minors have other relatives who could be engaged in their education;
- assessed the material condition of the defendants;
- determines the need for treatment for alcohol or drug addiction;
- other circumstances that may be mitigating or aggravating are taken into account.
Each situation is considered separately, and if the child is more than 10 years old, then his opinion is certainly taken into account.
Conclusion
Inappropriate performance of parental duties may be represented in different actions by the parents. Such an attitude towards children is a violation of their rights and interests, which leads to bringing citizens to justice. It may be civil, administrative or criminal. The choice of a specific punishment depends on the severity and severity of the violation.
Punishment is assigned exclusively by the court, evaluating the reasons for certain actions committed by parents.