The rights of minor children: housing, property, non-property, labor

The Russian Federation has become a party to the Convention on the Rights of the Child since 1990. In the document, a person under the age of eighteen is considered as a person with specific freedoms. The approach to the child as an independent subject to a certain extent, enshrined in the Family Code of the Russian Federation, is consistent with the provisions of the Convention and Russia's commitments to ensure worldwide protection of his interests and rights.

Basic concepts

The definition of "child" is disclosed in Art. 1 of the Convention. According to her, they recognize a person under the age of 18. The concept is also contained in Art. 54, paragraph 1 of the IC. From the moment of birth, the rights of minor children arise. Family law establishes a special attitude of the state towards persons who have acquired full civil legal capacity before they reach the age of eighteen. This, for example, may be about marriage, emancipation, and more. Acquisition of civil legal capacity in these cases does not mean that a person can no longer be considered as a child. Exceptions to this rule are determined by law.

Fundamental rights of minor children

Family law defines the following categories of opportunities provided to individuals before they reach the age of eighteen:

• To be brought up and live in a family.
• Have protection.
• Communicate with parents and other relatives.
• Have a surname, name and patronymic.
• Express ones opinion.

All these categories constitute the personal rights of minor children.

Parenting and living with adults

This feature is considered one of the most important. It is consistent with Article 20 of the Civil Code (paragraph 2). The rights of minor children to live with parents, guardians, adoptive parents and be brought up by them are realized in accordance with the documents provided by adults. These include:

• Documents confirming the establishment of custody.
• Identity documents of parents (guardians).
• Birth certificates of persons under the age of 14.

In Art. 20, p. 2 of the Civil Code it is determined that minors are constantly in the same place as their parents, guardians or adoptive parents. The above documents are provided for registration of persons under 14 years of age at the place of residence. Permanent registration for children from fourteen to sixteen years of age is carried out on the basis of their birth certificate. At the same time, they receive the corresponding document. After reaching the age of sixteen, registration of registration is carried out upon provision of a passport. Similarly, if necessary, registration is carried out at the place of stay.

Due to the fact that the Passport Regulation provides for the issuance of this document not at 16, as before, but at 14, registration of residence or residence registration is carried out on the basis of it. After receiving this identity card, the right to be in the same room together is reserved. In addition, people under the age of eighteen have the opportunity to know the adults with whom they live and who bring them up, as well as receive education and care. The rights of minor children in the family ensure the comprehensive development and formation of interests, as well as respect for human dignity.

Loss of parental care

A child may have no parents at all. This may be due to their death, recognition of their incompetence, illness, etc.In such cases, the law determines that education is carried out by guardianship authorities. Moreover, in accordance with Article 123 of the UK, family forms are preferred. Persons under the age of 18 are transferred to foster care, adoption or guardianship.

Communication with relatives

The rights of minor children to live with adults and their upbringing are inextricably linked with the possibility of contact with both (if available) parents, grandfathers, brothers, grandmothers, sisters and other relatives. This, in turn, forms the necessary prerequisites for the most complete education and upbringing of children. In this case, it should be noted that in Russia since ancient times such a concept as respect for blood bonds has been invested in children. And in the 18-19 centuries, the practice of transferring a person who had not reached the age of 18 to educate relatives, especially grandmothers, for a long (from several months) period was quite common. An exhaustive list of relatives with whom the child has the right to communicate is absent in the law. This allows you to include in the list not only directly blood relatives, but also people more distant degree of kinship.

Respect for interests when communicating with loved ones

In specific situations, the decision on the contact of the child with any relatives is carried out in each particular family in its own way. This takes into account national and local traditions. The determining conditions in this case are: the observance of the interests of the minor, as well as the necessity and expediency of his communication with any relatives. Forms of contact with loved ones can be completely different. It can be meetings, correspondence, telephone conversation and so on. The choice of one form or another will depend on the age, place of residence of the child and relatives, absence or presence of family conflicts and other circumstances.

Special cases

The provisions of the Code emphasize the preservation of the right of minor children to communicate with parents when:

• divorce of parents;
• separate accommodation for adults (including in different countries);
• invalidation of marriage.

If the child’s parents live in different states, then, except for certain cases, he can maintain direct contacts and personal relations with them on an ongoing basis. To do this, all participants in these legal relations can leave the country of residence and then return to it. In practice, there are cases when one of the parents ignores the requirements established by law and without the consent of the other takes the child to another state. In such situations, determining the communication order of all parties to a relationship often becomes quite complex and lengthy. This is largely due to the lack of agreements between the Russian Federation and some countries on mutual legal assistance in civil, family and other matters.

Bans

If parents are deprived of the opportunity to contact their son or daughter, the basic rights of minor children are affected. However, these situations occur only in cases strictly established by law. In particular, a decision to prohibit communication may be made in a judicial or administrative manner. In the first case, this occurs with the restriction or deprivation of the parental right, in the second - as a result of actions of the guardianship authorities in response to the behavior of the parents, which threatens the life or health of the child.

Extreme situations

These include, for example, detention, arrest, detention, etc. In such situations, the personal rights of minor children should not be infringed. In particular, this concerns the possibility of communicating with close relatives, guardians, adoptive parents. In accordance with Art.55, the rights of minor children are provided for immediate and immediate notification of the charges, as well as the necessary assistance in the preparation and implementation of their defense. The law does not specify the concept of "extreme situations". It can cover a variety of cases in which a real moral or physical threat is created, the personal rights of minor children are infringed, and immediate assistance in any form is required in accordance with the degree of threat to health, integrity, life and other things.

Security

The realization of this right of minor children is carried out by those adults under whose care they are. Situations related to bringing a person under the age of 18 to criminal or administrative liability are certainly considered extreme. In such cases, communication of the child with close relatives is extremely necessary. However, it occurs in the forms prescribed by law. In particular, normative acts indicate that parents have the right to represent the interests of children in cases of administrative violations. In accordance with the determination or decision of the judicial authority, they may be admitted to the criminal proceedings as defense counsel. This procedure is consistent with the constitutional requirements that each accused, detained or detained in custody is given the opportunity to avail himself of the assistance of a lawyer.

In addition, the right to protection of minor children in the Russian Federation is additionally ensured. The law also governs the questioning of witnesses under the age of fourteen. Representatives, guardians or parents of the child may be invited to this event. At the discretion of the investigator, relatives can also participate in the interrogation of teenagers aged 14-16. With the permission of the official, they may also ask questions. The investigator can withdraw any of them, however, the fact that he was asked is recorded in the protocol. After the interrogation, those present with their signatures certify the correctness of the recording of the evidence taken.

Property rights of minor children

The standard of living of each person under the age of 18 should ensure normal spiritual, physical, mental, social and moral development. This, in turn, requires certain material costs. Were reviewed above personal, non-property rights minor children. Their implementation depends on adults. Parents and loved ones also participate in creating the conditions necessary for the growth and development of the child. They are financially responsible for its worthy content. It should be noted that the moral rights of minor children are quite clearly defined by law. As for the material side of the life of a person under the age of eighteen, until recently there were no normative acts regulating this issue. This, in turn, made it difficult to solve many problems. The adoption of the new UK has clarified the question of what rights a minor child involved in material and financial relations has.

Content Submission Procedure

The ownership of minor children extends to the amount of money due to them by law. In accordance with Art. 60 funds are available to relatives, adoptive parents or trustees. These sums of money should be spent on education, upbringing and maintenance of the child. This rule applies both to alimony and to other payments - pensions and benefits. Children may be awarded, for example, compensation in connection with the loss of a breadwinner, disability, etc. Each person under the age of 16 may receive state benefits.It is handed over to one of the parents. The allowance is paid regardless of the availability of pensions, alimony and other payments. An application for its receipt is submitted by parents to the territorial department of social protection. The allowance is paid if it is not received by the second parent.

Private Ownership Issues

The property rights of minor children apply to the premises in which they are constantly with their parents. The law provides for a number of guarantees for the observance of the material interests of a person under the age of 18. The regulations regulate the housing rights of minor children. So, the considered category of persons is given the opportunity to own the premises as a result of privatization, gift, inheritance. Also, the property occupied only by him is transferred to the minor’s property. To exercise this right, an application from parents (adoptive parents or guardians) is required if the person has not reached the age of fourteen. The transfer of premises in which a child of 14-16 years old lives is carried out at his own request to the appropriate authorities. In the event of loss of parental care for any reason, the custody authorities are involved in the paperwork on transferring the area into possession.

New in law

In the UK, certain rights of a minor child are fixed to the apartment in which he is with his parents. The principle of "separability" is spelled out in the law. This means that the child does not have ownership of the property of the parents, just as they are on its part. However, when jointly located within the same premises, the procedure for use by mutual agreement may be established. Together with this normative acts, it is stipulated that in case of the emergence of common property rights of children and parents (during inheritance or privatization), their participation in these legal relations is determined by the Civil Code. The ownership of the premises may be joint or shared.

Privatization

Non-inclusion of the child in the relevant documents is allowed only with the permission of the guardianship authority. This is established by law. Minors living with their employers and being their relatives have equal rights with them, which, in turn, arise from a contract of employment. In this regard, during the privatization, they, together with adults, can become participants in the common ownership of the premises.

Transactions

The rights of minors by order of their property are regulated by the Civil Code. They depend on the degree of legal capacity of the person. So, the law establishes that children from 6 to 14 years old can commit:

• Household small deals. It should be noted here that the legislation does not explain this concept. In this regard, the classification of transactions as household is carried out individually in each individual case. In practice, this is usually the purchase of products, all kinds of school supplies and more.
• Transactions that are aimed at the gratuitous acquisition of benefits and do not require state registration or notarization. These, for example, include the donation of clothing, equipment and other things.
• Transactions by order of funds provided to their legal representatives or by agreement of the latter - to third parties. In other words, a child can receive money from parents and spend it for their intended purpose or for their own needs.

All other transactions are made by adults on behalf of children in accordance with the procedure established by law. If the actions of minors are seen abuse of authority, Art. 28 Civil Code, the result of such transactions is considered invalid. Children under 6 years of age are not recognized by the law as fully capable. In this regard, the rights to dispose of property belonging to them by law are exercised by the parents.

Work activity

The labor rights of minor children are established by Art. 37 of the Constitution. In the TC, 42 articles are devoted to this issue. In addition, many other normative acts regulate the workplace of minors. In Art. 63 of the Labor Code, a minimum age is set at which a person can be hired. He is 16 years old. There are three exceptions to this rule. So, minor children under fourteen years of age may be employed if:

• activity does not harm their health;
• work is carried out in free time and does not violate the educational process;
• there is the consent of one of the parents (guardian or adoptive parent), the guardianship authority.

In addition, it is allowed to conclude labor contracts with minors under 14 years old if:

• their participation in the performance or creation of works in theatrical, cinematographic and concert organizations or circuses is necessary;
• activity does not harm moral development and health;
• there is the consent of one of the parents (guardian or adoptive parent), the guardianship authority.

Opportunities for minors aged 14-18

In accordance with the legislation, this category of citizens has the following rights:

• The performance of household small transactions permitted in Art. 28 Civil Code.
• Disposal of own income, scholarship, earnings. Here it is worth saying that the court, if there are good reasons at the request of relatives, guardianship authorities, adoptive parents or guardians, can deprive or limit this right of a minor. Exceptions are cases when a minor acquired full civil legal capacity.
• Realization of the right of the author of a scientific, literary and other work, invention or other result of his own intellectual activity protected by law.
• Contribution to credit organizations and their disposal.
• Joining cooperatives since sixteen.

It should be noted that minor children from 14 to 18 years are independently liable for transactions that they have made in accordance with the requirements of Art. 26 Civil Code. In accordance with the procedure established by law, punishment for damage may be applied to them.

Parent Opportunities

Their authority to manage property belonging to the child is regulated by the Civil Code. According to its provisions, the father and mother of a minor cannot make transactions on the alienation of material assets without the consent of the guardianship authorities. Among them, among other things, include donation, exchange, leasing. In general, such transactions can lead to a waiver of rights belonging to the child. So, the consent of the guardianship authorities is necessary when making the sale of premises that are owned by minors. Moreover, the approval of these organizations is required when making transactions already with privatized housing, where minors live. This rule applies regardless of whether young children are the direct owners of the premises, co-owners or simply relatives of the owner.