Definition of a minor in the Russian Federation. Age categories of children in Russia: newborn, minor, minor. Child rights laws

My daughter asked if she could move around Moscow. Daughter is 11 years old. I have not read the rights of the child in this regard and I do not know if I have the right to prohibit or, on the contrary, allow.

Hello,

According to the Constitution of the Russian Federation (Art. 27), everyone has the right to freedom of movement, restrictions are provided for certain groups of citizens (Art. 55), including for the protection of morality, health, and ensuring the safety of citizens.

There are restrictions on the stay of children without legal representatives at night - from 23 to 6 o'clock in the following places:

1) places of mass stay and recreation of citizens (streets, squares, parks, squares, stadiums, courtyards, sports grounds, beaches, forest parks and other places);

2 places common use apartment buildings(elevators, entrances, staircases, attics, basements);

3) urban and suburban public transport, territories and premises of railway stations, railway, bus stations;

4) places that are intended to provide access to the Internet, and computer gaming clubs;

5) places that are intended for the sale of services in the field of trade and public catering, for entertainment and leisure, where, in the manner prescribed by law, retail alcoholic beverages, beer and drinks made on its basis (restaurants, cafes, snack bars, discos, entertainment clubs).

V daytime it is not allowed for persons under the age of 18 to be in facilities that are intended for the sale of goods only of a sexual nature; in beer restaurants; wine bars; wine glasses; in other places that are intended for the sale of only alcoholic beverages, and in other places where being in which may harm the health of children, their physical, intellectual, mental, spiritual and moral development.

Moscow City Code of Administrative Offenses
Article 3.12. Failure to take measures to prevent minors from being in public and other places unaccompanied by their parents (persons replacing them) or persons carrying out activities with the participation of minors

1. Failure to take measures to prevent minors under the age of 18 from staying in places where staying in which may harm the health of minors, their physical, intellectual, mental, spiritual and moral development: in territories, in premises that are intended for the sale of goods of a sexual nature, in bookmakers and sweepstakes, -

2. Failure to take measures to prevent the presence of minors under the age of 18 at night (from 23:00 to 6:00), unaccompanied by their parents (persons replacing them) or persons carrying out activities with the participation of minors, at the facilities (in the territories, indoors) legal entities or individual entrepreneurs, which are intended for the implementation of services in the field of public catering, for entertainment, leisure, where retail sale and drinking of beer and drinks made on its basis, alcoholic beverages are provided, -

entails overlapping administrative fine on officials in the amount of two thousand five hundred to five thousand rubles; for legal entities - from ten thousand to thirty thousand rubles.

3. Failure to take measures to prevent the presence at night (from 23:00 to 6:00) of minors under the age of 16, unaccompanied by their parents (persons replacing them) or persons who carry out activities with the participation of minors, in the territories in which construction, on the territories of highways, overpasses, railways and right-of-way railways, oil, gas and product pipelines, high-voltage power lines, pipelines, in parks, reservoirs and in the adjacent territories (coastal strip), in public premises (on technical floors, attics, in basements) and on the roofs of residential buildings, in the territories adjacent to educational institutions, in organizations providing access to the Internet, -

shall entail a warning or the imposition of an administrative fine on parents (legal representatives), persons carrying out activities with the participation of minors, in the amount of one hundred to five hundred rubles.
(As amended on May 22, 2010

The child's right to live together with his parents is established in Art. 54 of the RF IC (clause 2). Specifying this right, paragraph 2 of Art. 20 of the Civil Code of the Russian Federation says that the place of residence of children under 14 years of age and citizens under guardianship is the place of residence of parents or legal representatives, including guardians and adoptive parents. RF IC in clause 3 of Art. 65 states that if the parents of a child live separately, the parents shall establish the child's place of residence by their mutual agreement. In this article we will understand whether a minor can live separately from parents, guardians or guardians and how this issue is regulated within the framework of the legislation of the Russian Federation.

Citizens under guardianship who have not reached the age of majority have their place of residence in the place of residence of their guardians and trustees. However, according to paragraph 2 of Art. 36 of the Civil Code of the Russian Federation, if the ward is 16 years old, then the guardianship authority can give permission for the separation of the wards from their trustee, in the event that the guardianship authority is sure that separation in in this case will not negatively affect its protection legal rights, interests and education of the ward.

Where can a minor child live after the recognition of his emancipation

The majority comes at the age of 18. But a child can be recognized as fully capable even before the onset of this age. For example, in cases where a child aged 16 is officially employed under an employment agreement or contract, or begins to engage in business with the consent of parents or legal representatives, in accordance with Art. 27 of the RF IC, he can be recognized as fully capable. Emancipation is the recognition of a minor as fully capable.

A minor can be recognized as capable of emancipation in two ways: by a decision of the guardianship and guardianship authority and by a court decision.

For emancipation by decision of the guardianship authority, the consent of both parents (legal representatives) is required. Based of this agreement the guardianship and guardianship authority can make a decision on emancipation, for which the child must write a statement to the guardianship authority, and his parents or legal representatives of the child must submit their consent to this. In addition to consent, you will need to present a passport or birth certificate, according to which the child is 16 years old, and documents confirming that the child is employed (employment contract or contract) or confirming it entrepreneurial activity.

If the consent of the parents or representatives minor child cannot receive, in accordance with Part 1 of Art. 287 of the Code of Civil Procedure of the Russian Federation has the right to apply to the court in order to recognize him as fully capable.

The application must be made in Judicial authority at the place of residence of the child. When submitting an application other than a child, according to Art. 288 of the Code of Civil Procedure of the Russian Federation, his parents or one parent, or an adoptive parent (s), a trustee (s), a prosecutor and a representative of the guardianship and guardianship body must be present.

The court, considering a case based on a child's claim, may recognize him as fully capable, that is, emancipated. One month after the court makes a final decision on emancipation, which is given for the second party to submit appeal, the court decision enters into legal force(part 1 of article 209 and part 2 of article 321 of the Code of Civil Procedure of the Russian Federation). From this moment on, full legal capacity begins. minor child in accordance with Part 2 of Art. 289 Code of Civil Procedure of the Russian Federation.

What is the final form of a court decision?

According to the Code of Civil Procedure of the Russian Federation (part 1 of Art. 198), for the court to make its decision in its final form, the decision must be formalized in all its parts: introductory, descriptive, motivating and operative.

In this case, a motivating decision can be drawn up after the decision is made, but for no more than five days (part 2 of article 199 of the Code of Civil Procedure of the Russian Federation). The reasoning indicates the laws by which the court was guided in making the decision, the arguments of the court by which the evidence of the parties is accepted or rejected, the evidence presented to the court and the circumstances of the case established by the court (part 4 of article 198 of the Code of Civil Procedure of the Russian Federation).

The operative part of the court decision in accordance with Part 1 of Art. 199 of the Code of Civil Procedure of the Russian Federation is announced by the court at the last session, when the trial of the case ends.

If the other party to the proceedings appeals against the court decision in appellate instance, after consideration by the court of the complaint and leaving the decision of the court unchanged, it enters into force immediately. If Court of Appeal cancels or changes the decision of the court of first instance and makes a new decision, it immediately comes into legal force, in accordance with Part 1 of Art. 209 Code of Civil Procedure of the Russian Federation.

Thus, minor citizen after he is recognized as fully capable, he receives the right to independently choose his place of residence.

If a minor marries before reaching the age of majority, in accordance with paragraph 2 of Art. 21 of the Civil Code of the Russian Federation legal implications such an act is similar, and he also becomes fully capable.

Where can a minor live if his parents live separately?

Answering the question, whether a minor can live separately from his parents, guardians or guardians, It should be noted that in the case of separation, the parents can draw up an agreement in which to determine the place of further residence of the child, that is, with which of the parents the child will live.

If no agreement is reached, in accordance with paragraph 3 of Art. 65 of the RF IC, each parent can apply statement of claim to the court to resolve the issue of establishing the place of residence of a minor child after a divorce.

The court, taking into account the interests of the child and taking into account his opinion, if the child has already turned 10 years old, according to Art. 57 and clause 3 of Art. 65 of the Investigative Committee of the Russian Federation, makes a decision in which it determines with which of the parents the child will live in the future. When making a decision, the court takes into account the relationship that exists between the child and each of the parents, his attachment to the parents and other family members, takes into account the moral and other qualities of the parents, as well as the parents' opportunities to create suitable conditions for the upbringing and development of the child. For this, the material and family situation of the parents, their mode of work and the type of activity and the situation prevailing in the place of residence of each parent are taken into account. Only one material advantage in the position of a parent and in the conditions of his residence will not be the basis for satisfying his requirements unconditionally (clause 5 of the Resolution of the Plenum of the RF Armed Forces No. 10 of May 27, 1998).

Where minor children left without parental care can live

If children are left without parental care due to their death, restriction of parental rights, illness, long absence or recognition of them as incapacitated, as well as if the parents refuse parental care, if the parents shy away from raising children, from protecting their legal rights and interests, or not take their children from medical, educational or social organizations, or if they interfere with the normal upbringing and development of their children or create conditions that threaten their life and health, their children may be left without parental care.

If children are left without parental care, the protection of their interests, in accordance with Art. 121 of the RF IC, the guardianship authority begins to deal with.

The guardianship authority, if possible, can transfer such children to a family for adoption, to a foster or foster family, as well as to guardianship and trusteeship. If this is not possible, in accordance with paragraph 1 of Art. 123 of the RF IC, children can be transferred to organizations for orphans and children left without parental care for a time before being adopted into a family. That is, children left without parental care can live either with their legal representatives, or in specialized children's institutions.

Also, temporary stay of children in an institution for orphans is allowed in order to receive social, educational, medical and other services, as well as to provide temporary residence for the period of impossibility of fulfilling obligations in relation to the child by legal representatives for valid reasons. Moreover, according to paragraph 2 of Art. 155.1 of the RF IC, legal representatives do not lose their rights and obligations regarding the child.

In order to place children for temporary stay in an institution for orphans, their legal representatives must write a corresponding application. If the child is 10 years old, his opinion is taken into account in this.

The legal representative of the child in the guardianship and guardianship authority, in accordance with clauses 12, 13 of the Decree of the Government of the Russian Federation No. 481 dated May 24, 2014, must conclude an agreement on the temporary stay of the child in an institution for orphans.

Despite the full or severely limited legal capacity, young children are not deprived of a number of responsibilities. They acquire most of them as they grow up. Until the age of 6, while the child is completely incapacitated, he has only one duty - to obey his official representatives. After the onset of this age, young Russians have:

With the onset of adulthood (in Russia - from the age of 18), a citizen is endowed with full legal capacity. It is she who determines the final maturation of the child and the impossibility of his relationship to this category of citizens. Fully capable Russians must themselves be responsible for any actions committed and have the right to initiate all kinds of legal relations. More details on the essence of legal capacity should be found in the relevant legislative acts RF, which include the already noted Constitution, Family and Civil Codes.

Up to what age are children in Russia considered minors?

Many citizens ask themselves the question up to what age is a person considered a child? A child is a person under the age of eighteen who is under the protection of state bodies and official guardians (parents, relatives, trustees).

it depends on two factors - the age and state of the human psyche (if a person is not able to take responsibility for his actions and suffers mental illness, he is not recognized as capable);
it is separated from the person (a person can be recognized as incompetent at the request of bailiffs);
it can be delegated to a completely different person (for example, the sale of debt obligations or the transfer of debts to another citizen).

The rights of underage children in Russia

For example, in the case of emancipation under the Civil Code Russian Federation a minor who has reached the age of sixteen may be declared fully capable if he works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity.

With the concepts of "minor" and "minor" the law connects the presence of a person of one or another volume of rights and obligations. So, until the age of 14, a child is incapacitated and his legal representatives act on his behalf (one of the parents, guardian, adoptive parent), and upon reaching the age of 14, a person develops partial legal capacity (the right to make small transactions is acquired), from the age of 18 - full legal capacity ... Under civil capacity is understood the ability to acquire and carry out civil rights, create for yourself civic obligations and execute them.

Children are considered minors up to what age? Young child: definition of the concept

The Family Code of the Russian Federation includes all the rights of young children, which must be respected. The main thing is considered the necessity of life for all children in the family. A child has the rights to be raised by parents, to protect interests, develop, and respect. If mom and dad are not there, then the legal representative of the young child performs their function. This can be a guardian, a body of guardianship.

But still, the legal capacity is not yet complete. They cannot marry without parental consent, as well as conclude big deals such as buying real estate. They are responsible for this themselves. Until the age of 18, a child cannot participate in elections, or drive vehicles or hold office. Similar rules are fixed in the legislation.

At what age comes the age of majority in Russia

In particular, starting from the age of 18, a citizen has the right to drive a car, get married, hold positions in public service, to participate in elections as a voter, etc. Thus, coming of age means a full-fledged ability to exercise and defend one's rights, as well as to be responsible for one's actions and their consequences.

By general rule set out in article 21 Civil Code RF, the age of majority in Russia comes from the age of 18... It is from this age that a person becomes fully capable and gets the opportunity to perform many actions that he had not previously had the right to do.

Children's age up to how old according to the law of the Russian Federation

Up to what age are children considered children? This question is of interest to many citizens. But opinions on this issue are divided. Most people believe that children are citizens who have not reached the age of majority. Yes, this is true, but there are some exceptions to the rules that allow a child to become an adult before reaching the legal age. This will be discussed in this article. According to the law According to the current regulations on the territory of the Russian Federation, all persons under the age of 18 are considered children. They have certain rights and responsibilities, but cannot use them in in full due to their age. And this is completely normal. All legal, property and other decisions for minors and minors are made by their legal representatives. The rights of children cannot be infringed upon by anyone, they are protected by the state.

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Commissioner for Children's Rights in the Republic of Tatarstan

The state respects and ensures all the rights provided for by the UN Convention on the Rights of the Child for every child within its jurisdiction, without any discrimination, regardless of race, color, sex, language, religion, political or other beliefs, national, ethnic or social origin, property status, health status and birth of a child, his parents or legal guardians, or any other circumstances (Article 2 of the UN Convention on the Rights of the Child).

From 11 years old
Responsibility comes in the form of placement in a special educational institution closed type for children and adolescents (special school, special boarding school, etc.) with deviant (socially dangerous) behavior ( Art. 50 Federal law“On education, Art. 15 of the Federal Law No. 120 "On the Foundations of the System for the Prevention of Neglect and Juvenile Delinquency").

Age of a minor child in the criminal law of Russia

Due to the fact that children are much weaker than adults, have an unstable psyche and almost never can resist a criminal, the punishment for persons who have committed acts against minors under the criminal law is much more serious than for all other crimes. In addition, the court, appointing a time limit for the guilty party, takes into account all the circumstances of the offense. Therefore, if the offender has taken the life of a child, then he, most likely, will receive the maximum punishment provided for by the article of the Criminal Code.

Can a convicted minor again receive a suspended sentence? By law, this is possible, especially if the perfect the last crime does not belong to the category of grave acts. When appointing a new suspended sentence, the court may apply other measures of an educational nature to the guilty teenager, control over the implementation of which is entrusted to the body executive inspection.

Up to what age are children considered children? Responsibility of Children for Offenses

Up to what age are children considered children? By law, in the Russian Federation - until the age of majority, that is, up to 18 years. Until this moment, a citizen is considered a child, who must be fully supported by his parents or other persons, endowed by law with the rights and duties of the latter. Nevertheless, in our time, many citizens from the age of 16 begin to work in organizations under an employment contract. And also, with the consent of their parents, to engage in entrepreneurial activity.

These persons already have the ability to make independent decisions. But even despite this, minors do not have full legal capacity. Therefore, when answering the question - up to what age children are considered children - you can safely answer that up to 18 years. Indeed, according to the law, it is from this age that you can independently dispose of your rights and bear full responsibility.

Category: Minors

A child has the right to independently defend his interests if the parents do not properly fulfill their obligations to provide and educate. He must apply to the guardianship and guardianship authority. And already when the child reaches the age of 14, he has the right to apply to the court.

open deposits with a credit institution;
manage their own income and expenses;
defend and defend their rights, but always in the presence of parents or guardians;
work in their free time from school with the permission of a parent or guardian.

06 Jul 2018 127

Already at birth, each person is endowed with a number of rights, the list of which not only increases as he grows up, but is also supplemented by responsibilities.

In Russia, as in the USSR, minors are children aged from birth to 18 years. At the same time, their physical, mental and psycho-emotional development during this time is significantly different.

So, an infant is not able to serve himself and is completely dependent on his parents, and at the age of 16 a teenager can not only work, but also, in exceptional cases, create his own family. Moreover, both the first and the second are usually called minors.

Responsibility of parents and the rights of children under 14 years of age

Children from birth to 14 years of age are recognized as minors. The responsibility for their upbringing, development and financial well-being rests entirely on the shoulders of the parents.

Material damage caused by a teenager at a given age to third parties must also be paid for by the father, mother or guardian. The criminal code does not apply to babies at this age.

Children who have reached the age of 14 have the right to:

Grow and develop in your family. Be a full-fledged member of it, communicate with all relatives and express your opinion on all family issues.
To protect his interests in cases of infringement of his rights and the use of cruelty by his parents.
To receive material support (receiving benefits, alimony).
For free training and medical assistance, which are in accordance with the articles of the Constitution of the Russian Federation.
For free travel to public transport provided for children under 7 years old.
After reaching the age of 10, the opinion of the minor is taken into account at the hearings in court. For example, when determining his place of residence, in the event of a divorce of his parents.

Adolescence

The kid is getting older, and at the age of 14 it is time to get a passport.

It is from this moment that he has the opportunity to find a part-time job, but for this it is necessary to obtain parental consent. However, he can devote only a few hours a day to her.

A teenager can put all the money earned on an account in any bank in Russia. He also gets the opportunity to go to court and defend his interests at his sessions. Participate in the privatization of an apartment by giving your written consent.

Please note: minors cannot be hired for work with great physical exertion, material responsibility and for production with hazardous chemicals.

Liability of minors at the age of 14:

Criminal liability for especially grave acts committed.
Administrative responsibility falls on the shoulders of the minor and is reimbursed at his own expense, partly at the expense of the parents.

Children under the age of 16 are partially legally competent. They can be sexually active, and under special circumstances, they can enter into an official marriage.

A teenager can be recognized as fully capable if he is an entrepreneur or works on the basis of employment contract... A sixteen-year-old bears responsibility for offenses of a criminal and administrative nature in the same way as an adult.

Coming of age

The majority in Russia comes at the age of 18, although in different countries In the world, adults are considered to be people who turn 19 years old, and sometimes even 21 years old. It is from this moment that full legal capacity begins.

A citizen can purchase alcohol and tobacco products in stores without obstacles, appear on the street at night without being accompanied by adults. At any age, a teenager can be left with an inheritance, but he will be able to receive it according to the law only upon reaching the age of 18, when his full legal capacity comes.

To do this, you need to issue an appropriate certificate. If the testator and heir lived in different places, he will have to go to the city where his benefactor lived and do the paperwork there.

Watch the following video on adolescent rights: