On the rights of the child and international documents defining them. What rights does a child have in the Russian Federation? What are the main documents on the rights of the child

Basic documents

The main document in our country is the federal law of July 24, 1998 No. 124-FZ "On the basic guarantees of the rights of the child in Russian Federation"Adopted by the State Duma on July 3, 1998, approved by the Federation Council on July 9, 1998.

It consists of 5 chapters and 25 articles:

Chapter I. General Provisions(Articles 1-5);

Chapter II. The main directions of ensuring the rights of the child in the Russian Federation (Articles 6-15);

Chapter III. Organizational framework guarantees of the rights of the child (Articles 16-22);

Chapter IV. Guarantees for the fulfillment of this Federal Law (Article 23);

Chapter V. Final provisions(Articles 24-25).

The law establishes the basic guarantees of the rights and legitimate interests of the child, provided for by the Constitution of the Russian Federation, in order to create legal, socio-economic conditions for the realization of the rights and legitimate interests of the child. It says: "The state recognizes childhood as an important stage in a person's life and proceeds from the principles of the priority of preparing children for a full life in society, developing socially significant and creative activity in them, fostering high moral qualities, patriotism and citizenship in them."

In addition, the rights of the child are enshrined in the Civil Code of the Russian Federation and the Family Code of the Russian Federation.

Conventionally, the rights of the child can be divided into 6 main groups:

The first group includes such rights of the child as the right to life, to a name, to equality in the exercise of other rights, etc.

The second group includes the child's rights to family well-being.

The third group includes the child's right to the free development of his personality.

The fourth group of law is called upon to ensure the health of children.

The fifth group of rights is focused on the education of children and their cultural development (the right to education, to rest and leisure, the right to participate in games and recreational activities, the right to freely participate in cultural life and practice art).

And the sixth group of rights is aimed at protecting children from economic and other exploitation, from involvement in the production and distribution of drugs, from inhuman content and treatment of children in prisons.

When a child is born, a certain relationship immediately arises between him and his parents. One of these relations is governed by the norms of morality and the rules of cohabitation of people, others - by the norms of law, in particular, the norms family law, which establishes the conditions and procedure for entering into a marriage and its termination, regulates personal property and property relations between family members: spouses, parents and children, other relatives, and also determines the forms and procedure for placing children without parental care into a family.

Relationships that arise between parents and children in a family can be personal and property. The personal rights of children are the right to life and upbringing in a family, as far as possible, the right to know their parents and the right to be cared for, the right to live with them, the right to be raised by their parents, to ensure the interests of the child and respect for his human dignity. ... The child is also entitled to such a personal right as the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives.

Every child has the right to a given name, patronymic and surname (Art.58 Family Code RF). The name is given to the child by agreement of the parents, the patronymic is assigned by the name of the father, the surname is determined by the surname of the parents.

The most important personal rights of a child include his right to protection (Article 56 of the Family Code of the Russian Federation). The child's right to protect their rights and legitimate interests corresponds (corresponds) to the obligation of parents, and in cases provided by law, guardianship and guardianship authorities, prosecutors, judges to protect the rights of children.

In accordance with Part 2 of Art. 56 of the Family Code of the Russian Federation, a child has the right to protection from abuse by parents (or persons substituting for them).

In case of violation of the rights and legitimate interests of the child, including the failure or improper fulfillment by the parents (one of them) of the duties of raising, educating the child or abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and guardianship authorities, and if he is 14 years old, then to court.

The law obliges officials and citizens who become aware of the threat to the life or health of the child, about the violation of his rights and legitimate interests, to report this to the guardianship and guardianship authorities at the place of actual location of the child. Upon receipt of such information, the guardianship and trusteeship body is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

The current family legislation of the Russian Federation provides for the child's right to express his or her opinion. The child has the right to express his opinion in the decision in the family of any issue affecting his interests, as well as to be heard in any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, unless it is contrary to the interests of the child.

Moreover, the law provides that changing the name and surname of a child is possible only with the consent of a child who has reached the age of ten.

The opinion of a child who has reached the age of 10 is mandatory when deciding in court the issue of restoring parental rights. The child's consent is a prerequisite for a preparatory solution to this issue.

The consent of a child who has reached the age of ten is also required to resolve the issue of adoption, resolve the issue of the name, patronymic and surname of the adopted child, record the adoptive parents as parents of the adopted child, when resolving issues related to the cancellation of adoption and the placement of the child into foster care. to a foster family.

Thus, we can say that in the current family law RF presents a wide range of personal rights of the child, under which a person under the age of eighteen (majority) is recognized.

Article 60 of the Family Code of the Russian Federation establishes the property rights of the child. In particular, a child has the right to receive support from his parents and other family members, and the latter (parents) are obliged to support their minor children.

If the parents do not provide maintenance to their minor children, the funds for the maintenance of the children are collected from the parents in judicial procedure.

Every child has the right of ownership to the income received by him, property received by him as a gift or by way of inheritance, as well as to any other property acquired at the expense of the child.

The child's right to dispose of the property belonging to him by right of ownership is determined by Articles 26 and 28 of the Civil Code of the Russian Federation, which determine the legal capacity of minors between the ages of 14 and 18 and the legal capacity of minors.

In particular, Article 26 of the Civil Code provides that minors between the ages of 14 and 18 make transactions with the written consent of their legal representatives - parents, adoptive parents or guardian.

A minor can conclude any transaction, and then legal representatives must approve it in writing, if this does not happen, then the transaction is invalidated.

Minors between the ages of 14 and 18 have the right to independently, without the consent of their parents, adoptive parents or guardians:

1) dispose of their earnings, scholarships and other income;

3) in accordance with the law, invest deposits in credit institutions and dispose of them;

4) make small household transactions and other transactions.

Upon reaching the age of 16, minors have the right to be members of cooperatives. For all transactions concluded in accordance with the law, minors between the ages of 14 and 18 are independently liable for property. And in the presence of attained grounds, a minor at this age may be limited or deprived of the right to independently dispose of his earnings, scholarships and other income and will be able to do this only with the consent of his legal representatives. The need for such a restriction can be caused by various reasons: unreasonable waste of funds, waste, passion for gambling, etc. However, this can only be done by a court, at the request of parents, adoptive parents or trustees, or guardianship and guardianship authorities.

Article 28 of the Civil Code provides for the legal capacity of minors, i.e. minors under the age of 14. By general rule, transactions for these persons can be made on their behalf only by their parents, adoptive parents or guardians. Minors between the ages of six and 14 have the right to independently commit:

1) small household transactions;

2) transactions aimed at obtaining benefits free of charge, requiring notarization or state registration;

3) transactions for the disposal of funds provided to legal representatives or with the consent of the latter by a third party for a specific purpose or for free disposal.

Thus, a minor between the ages of 6 and 14 can receive a gift of property himself, if, based on the value of the gift, the corresponding contract does not have to be notarized or undergo state registration. Consequently, only parents (adoptive parents, guardians) have the right to accept as a gift on behalf of the child a land plot, house, apartment, other real estate, since in accordance with the current civil legislation (Articles 164, 57U of the Civil Code of the Russian Federation) such transactions are subject to mandatory state registration.

At the same time, the minor has the right to conclude an agreement for free use any property for up to one year, since the conclusion of such an agreement requires only a simple written form; rent a bicycle (scooter) or other thing and pay extra for this money donated to him by someone; to actually accept the inheritance, by the fact that a certificate of the right to inheritance on his behalf will be received from a notary by his legal representative.

In the family legislation of the Russian Federation, a rule is enshrined in accordance with which the child has no right to the property of the parents, and the parents do not have the right to ownership of the property of the child. Children and parents living together can own and use each other's property by mutual consent (Article 60 of the Family Law of the Russian Federation).

The presence of personal and property rights of minors is necessary for the proper process of their upbringing in the family. We understand upbringing as a process of interaction between adults and children, and the more such interaction is carried out, the more efficiently the upbringing process will take place, and the acting legal regulations can be considered as necessary conditions for the proper (effective) process of raising a child in a family.

That is why the current family legislation is based on the provision according to which parents have the right and are obliged to bring up their children. It is the parents who are responsible for the upbringing and development of their children. It is the parents who are obliged to take care of the health, physical, mental, spiritual and moral development of their children (Article 63).

First of all, the current legislation imposes on parents the obligation to protect the rights and interests of children. Parents are the legal representatives of their children and advocate for their rights and interests in relations with any individuals and legal entities, including in the courts. To exercise the functions of protecting the rights and interests of children, parents do not need any special powers.

Therefore, it is the parents who must be addressed in cases where the rights and interests of minors are violated. However, in practice, there may be cases when there are contradictions between the interests of parents and children. In this case, the minor must notify the guardianship and guardianship authority about the existing contradiction, and the latter is obliged to appoint a representative to protect the rights and interests of children.

Parents are obliged to support their minor children. This requirement of the law is most often fulfilled by the majority of parents who voluntarily provide funds for the maintenance of their children, to provide them with everything necessary for life. If this obligation is not voluntarily fulfilled, then the parents are forced to pay alimony on the basis of a court decision.

The responsibility for the maintenance of children rests with both parents. Therefore, if, for example, the children (child) live with the mother, a claim for the recovery of alimony is brought against the father. If the children are with the father, then such a claim may be brought against the mother. There are times when children are being raised by other persons (grandfather, grandmother, aunt, uncle, etc.). In these cases, these persons have the right to collect alimony from both parents.

Alimony from parents for minor children is collected by the court on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. In accordance with the decree of the Government of the Russian Federation of July 18, 1996 N 841, alimony for the maintenance of minor children is withheld from all types of wages (monetary remuneration) and additional remuneration, both at the main place of work and for part-time work, which parents receive in cash and in kind.

The law provides for the possibility of collecting alimony for minor children in a fixed amount (Article 83 of the Family Code of the Russian Federation). In this case, the amount of alimony should be determined based on the maximum possible preservation of the child's previous level of support, taking into account the material and family situation of the parties and other circumstances affecting the living conditions of the minor.

When establishing the amount of a fixed amount of alimony, judges must proceed from the material and marital status of the persons who must pay alimony. Therefore, the amount of alimony should be set in an amount corresponding to a certain number minimum sizes wages and is subject to indexation in proportion to the increase in the statutory minimum wage.

In accordance with the current legislation, funds for the maintenance of minor children, collected from parents in court, are awarded until the children reach the age of majority. However, if a minor who is subject to alimony by a court order or a court decision, before reaching the age of 18, acquires legal capacity in in full(Clause 2 of Art. 21, Clause 1 of Art. 27 of the Civil Code of the Russian Federation), payment of funds for its maintenance in accordance with Clause 2 of Art. 120 of the Family Code of the Russian Federation is terminated.

Claims of persons from whom alimony for children is collected, and such claims for changing the amount of alimony are subject to jurisdiction by the court at the place of residence of the defendant (claimant).

Many children become orphans for various reasons. Such children have always worried society. The current family legislation provides for the possibility of raising such children in a foster family. Such a family can be created by a husband and wife who have their own children. They take orphans or children left without parental care into their families. According to experts in such a family, the total number of children should not be more than eight people. The possibility of creating a foster family is also given to childless parents. At the same time, families in which one of the parents is absent (incomplete) cannot create a foster family.

A foster family is not an adoption. Parents in this case act as educators, this is their main job, for which they receive wages.

Parents-educators wishing to take children into their family must conclude an agreement with the guardianship and guardianship authorities. This agreement must provide for the period for which the child is placed in a foster family, the conditions for the maintenance of this child, the conditions for the upbringing and education of the child, the rights and obligations of the parents, the obligations in relation to the foster family of the guardianship and guardianship authority, as well as the grounds and consequences of termination of such an agreement.

Foster parents are obliged to educate the child, take care of his health, moral and physical development, create the necessary conditions for his education, prepare the child for an independent life. Foster parents are responsible to society for the adopted child. They are the legal representatives of the adopted child, protect his rights and interests.

The rights of adoptive parents cannot be exercised in contradiction with the interests of the child. In accordance with the Regulations on the foster family, children (child) left without parental care can be transferred to it:

orphans;

children whose parents are unknown;

children whose parents are deprived of parental rights, limited in parental rights, recognized by the court as incompetent, missing, convicted;

children whose parents, due to health reasons, cannot personally carry out their upbringing and maintenance, as well as children left without parental care, who are in educational, medical and preventive institutions, social protection institutions or other similar institutions.

It is important that when transferring a child to a foster family for upbringing, the guardianship and trusteeship body should be guided by the interests of the child. It is obligatory to take into account the opinion of the child when he is transferred to a foster family, and if the child is 10 years old, then his consent is required.

A child transferred to a foster family retains the right to alimony due to him, namely (in case of loss of a breadwinner or disability) and other social benefits and compensations, which are transferred in accordance with the legislation of the Russian Federation to accounts opened in the name of the child in a banking institution.

The child also retains the right of ownership of the dwelling or the right to use the dwelling; in the absence of residential premises, he has the right to provide him with residential premises in accordance with housing legislation.

Control over the use and safety of property (including living quarters) of the child should be provided by the guardianship and guardianship authorities.

While in a foster family, a child has the right to maintain personal contacts with blood parents, other relatives, if this does not contradict his interests and normal development and upbringing. Parent-child contacts are allowed only with the consent of the adoptive parents.

While in Russia there are not many foster families... However, it can be assumed that their number will increase as the state creates conditions for their normal life, which also presuppose the availability of certain benefits provided by the state and local authorities to such families.

The citizen's right to education, enshrined in Art. 43 of the Constitution of the Russian Federation is universal. The state guarantees the general availability and free of charge preschool, basic general and secondary vocational education in state or municipal educational institutions and in enterprises.

Education is understood as a purposeful process of upbringing and training in the interests of a person, society, and the state, which is accompanied by a statement that a citizen (student) has achieved educational levels (educational qualifications) established by the state.

The acquisition of education by a citizen is understood to mean the achievement and confirmation of the educational level (qualification) established by the state, which is certified by the corresponding document.

Public relations related to the organization of education and education are regulated by the legislation on education. The main sources of this legislation are the Law of the Russian Federation "On Education" and the federal law on amendments and additions to the Law of the Russian Federation "On Education, and such laws and other normative acts of the constituent entities of the Russian Federation in the field of education.

The state guarantees the possibility of obtaining education regardless of gender, race, nationality, language, origin, place of residence, attitude to religion, beliefs, etc. and ensures the right to education for all citizens by creating an education system.

Forms of education can be different. The legislation provides for full-time, part-time (evening), correspondence forms, as well as a form of family education, self-education and external studies. Consequently, the right to choose a specific form of education remains with the citizen.

The overwhelming majority of Russian citizens receive education in educational institutions. The main types of these institutions are provided for by the legislation on education and include: preschool, general education (primary general, basic general, secondary (complete) general education); institutions of primary vocational, secondary vocational, higher vocational and postgraduate vocational education, etc.

Obviously, in relation to minors, the main types of educational institutions are general education - primary general, basic general, secondary (complete) general education. It is in them that the overwhelming majority of children study.

Practice shows that the forms of educational institutions are very different: schools, gymnasiums, lyceums, colleges, etc. Nevertheless, the main form of educational institutions for the overwhelming majority of minors is the general education school.

In accordance with the current legislation, educational institutions by their organizational and legal forms can be state, municipal, non-state (private, institutions of public and religious organizations and associations).

In fact, most educational institutions in our country are municipal and state, according to the names of the bodies that established them.

It is the founders (municipality, state ...) that establish the procedure for admitting citizens to educational institutions at the level of primary general, basic general, secondary (complete) general and primary vocational education.

This procedure should ensure the admission of all citizens who live in the territory itself and have the right to receive an education of the appropriate level.

The law prescribes a rule according to which, when a citizen is admitted to an educational institution, the latter is obliged to acquaint him and (or) his parents (legal representatives) with the charter of this institution and other documents that govern the educational process in this educational institution. In other words, if the parents (one of them) came with the child to school in order to enroll the child in it, their acquaintance with the school should begin with familiarization with the charter and other documents, and the responsibility to familiarize them lies with the school administration. The administration must carry out the same actions in the case when a minor without parents comes to school to resolve the issue of obtaining an education.

Familiarization with the school charter of parents and minors has great importance also because, in accordance with the current legislation on education, such issues as the age at which a particular educational institution accepts citizens, the duration of education for minors at each stage of education is determined precisely by the charter of each educational institution.

The state guarantees to citizens the accessibility and free of charge of primary general, basic general, secondary (complete) general education and primary vocational education. As for secondary vocational, higher vocational and postgraduate vocational education, which can be obtained in state and municipal educational institutions, they can also be obtained free of charge, but only on the basis of a competition. However, the conditions of the competition must guarantee the observance of the rights of citizens to education and ensure the enrollment of the most capable and prepared. Outside of the competition, in accordance with the current law, upon successful passing of the exams, orphans, as well as disabled people of groups I and II, who, according to the conclusion of the medical labor commission, are not contraindicated to study in the relevant educational institutions, are accepted. In accordance with the current legislation, citizens entering educational institutions are given the opportunity to study at native language... The definition of the language in which instruction is conducted in an educational institution should be contained in the charter of that institution.

Basic general education and state certification (final) are compulsory for all students. However, the current legislation on education transforms the requirement of compulsory basic general education in relation to each specific student (schoolchild, gymnasium student, lyceum student, etc.) in such a way that it is a requirement that remains in force until they (schoolchild, gymnasium student, lyceum student, etc.) .p.) at the age of fifteen, if such education was not received by the student earlier. This provision allows us to argue that after a student reaches the age of 15 and his desire to leave an educational institution (school, lyceum, gymnasium, etc.), the administration of the educational institution has no right to detain him. And vice versa, if the minor did not receive basic general education, and he was not fifteen years old, and if the minor did not have the grounds specified in the law for his expulsion from the educational institution, then the school administration does not have the right to expel him just because he turned fifteen. years. At the same time, the law establishes the age limit for students to receive basic general education in all types of educational institutions for full-time education - 18 years.

Each student of any type of educational institution has corresponding rights and obligations, which must be enshrined in the Charter of the educational institution. An analysis of the statutes of many educational institutions shows that the following rights of students are most often enshrined in them: the right to protection of honor and dignity, personal inviolability; the right to an objective assessment in accordance with knowledge, skills and abilities; the right of students to participate in the management of the school through elected bodies (for example, through participation in the school council). In schools, gymnasiums, lyceums, etc. student self-government bodies and various student organizations may be created on a voluntary basis, which are admitted to meetings of the governing bodies of an educational institution when discussing issues related to the interests of students.

Along with the granting of specific powers to students, the charters of educational institutions also contain a list of responsibilities assigned to minors. Thus, students must (must) comply with the Rules for Students, which must be developed in each educational institution and adopted by its governing body (for example, the School Board). Students are required to obey the requirements of the educators; are obliged to take care of the younger ones; are obliged to observe the rules of hygiene, to have a neat appearance; are obliged to maintain cleanliness in classrooms, in other rooms; are obliged to take good care of the property of the educational institution.

Moreover, virtually all statutes contain provisions that prohibit students from performing certain actions. For example, students of schools, gymnasiums, lyceums, etc. it is prohibited to bring, transfer or use alcoholic beverages, toxic, narcotic substances and weapons, tobacco products at school; use any means that can lead to explosions and fires; use physical force to sort things out; accept mental violence (for example, in the form of various types of threats); engage in extortion, as well as carry out any actions that obviously entail dangerous consequences for others (for example, pushing someone, hitting someone or throwing objects at someone, etc.). Almost all educational institutions contain provisions in their statutes that prohibit swearing in educational institutions, and also prohibit missing compulsory classes in an educational institution without a valid reason.

For failure to fulfill, without good reason, the duties that I mentioned above, as well as for violating the norms of prohibitions, disciplinary measures can be applied to students, which are also contained in the charters of educational institutions. What are these measures? Most often, in the statutes, disciplinary measures include: reprimand, imposition of the obligation to compensate for harm or make a public apology, summoning parents (legal representatives) for an interview, and the most severe penalty is expulsion from an educational institution.

In accordance with the current legislation, it is possible to exclude a minor from an educational institution, firstly, for committing illegal actions and, secondly, for gross and repeated violations of the charter of an educational institution. However, if such violations are committed by students who at the time of the commission of the violations were under fourteen years of age, then they cannot be expelled from the educational institution.

Speaking about the possibility of exclusion for committing unlawful acts, the law means, first of all, the commission of crimes by students. As a general rule, a person who has reached the age of sixteen by the time the crime is committed is subject to criminal liability. At the same time, the criminal law provides for cases when criminal responsibility comes from the age of 14. What are these cases? Fourteen-year-olds are subject criminal liability for murder, willful infliction grievous bodily harm, rape, theft, robbery, robbery, extortion and other acts, the list of which contains in Part 2 of Art. 20 of the Criminal Code of the Russian Federation. It is important for us to note that for committing any crime, a student can be expelled from an educational institution.

Obviously, an administrative offense committed by a student of an educational institution can be considered as an illegal act. Persons who have reached the age of sixteen by the time of committing an administrative offense are subject to administrative responsibility. The Administrative Legislatively defines a list of offenses, the responsibility for the commission of which begins from the age of 16. This list is contained in Art. 14 of the RSFSR Code of Administrative Offenses and includes: petty theft of state or public property; violation of traffic rules by pedestrians and other road users; driving vehicles by persons who do not have the right to drive them; petty hooliganism; malicious disobedience to a lawful order or demand of a police officer, or a people's guard, etc.

It is obvious that the public danger of administrative offenses, the subjects of which may be students of educational institutions, is not the same. Therefore, it is hardly possible to say unequivocally that in the event of committing any administrative offense, the student should be automatically excluded from the educational institution. In each specific case of committing an administrative offense by a student, it is necessary to understand and only after a deep analysis of what happened, make a decision.

We believe that crimes and offenses (administrative) should exhaust the concepts illegal actions, with which the legislator connects the grounds for the exclusion of minors from educational institutions.

Other grounds for excluding students from educational institutions are gross and repeated violations of the charter of an educational institution. Here we mean, first of all, the violation by students of their duties, as well as the prohibitions contained in the charter of the educational institution. Any of the prohibitions (for example, bringing alcoholic beverages, engaging in extortion, etc.) can be considered as a gross violation of the Charter of an educational institution, and, therefore, as a reason for excluding a student from it.

By repeatedly performing an action, we mean its commission two or more times. By current legislation on education, the decision to expel a student from an educational institution is made by the governing body of the educational institution (in practice, this body is most often the Pedagogical Council of a school, gymnasium, lyceum, etc.). The latter is obliged to inform local authorities (local administrations) about the expulsion of a student from an educational institution within three days. This is done so that the organs local government by combining with the parents (legal representatives) of the expelled minor, within a month, they could take measures for his employment or continuing his studies in another educational institution.

Speaking about the rights of minors in the field of education, we mainly analyzed these rights in relation to primary general, basic general, secondary (complete) general education. At the same time, the current legislation also provides for additional education, which includes additional educational programs and additional educational services. The implementation of these programs and services is carried out in order to fully meet the educational needs of citizens, society, and the state.

Additional educational programs include educational programs of various orientations, which can be implemented both in general educational institutions (schools, gymnasiums, lyceums) and in educational institutions of additional education (for example, music and art schools, art schools, houses and palaces of children's creativity, at stations of young technicians, naturalists and other institutions). Besides, additional education can also be obtained through individual teaching activities (for example, as a result of tutoring).

If additional educational services (training in additional educational programs, teaching social courses and discipline cycles, tutoring, classes with students in advanced study of subjects, etc.) are not provided for by the relevant educational programs and state educational standards, the state and municipal educational institution has the right to take there is a fee for these services.

It is obvious that minors who study in educational institutions where additional paid educational services have been introduced have the right to decide on their own or with the consent of their parents (legal representatives) whether or not to receive additional educational services offered by the educational institution. In other words, in this case it is about the students' right to choose.

Moreover, paid educational services cannot be provided instead of educational services that are financed from the budget. It follows that the administration of an educational institution cannot, does not have the right to force a student directly (or through parents, legal representatives) to accept additional, paid, educational services against their will and will.

At the same time, the law provides an opportunity to receive additional education for a fee. To realize this legal possibility, there is a wide network of music and art schools, houses and palaces of creativity for young people, etc.

If children and parents wish to receive additional education individually, they can do this by concluding an appropriate agreement (contract) with a specialist.

In conclusion, we note that the introduction of additional educational services must necessarily comply with the general requirements for the content of education, which should be focused on:

ensuring self-determination of the individual, creating conditions for his self-realization;

development of society;

strengthening and improving the rule of law.

Disability is a disaster. To our great regret, the number of disabled children in Russia is not decreasing. And in this regard, the eternal problem is how to teach and bring up such children. For many years, the country used the knurled path - they placed such children in boarding schools. The placement of disabled children in these educational institutions practically minimized the family influence on these children, which, according to experts, is not optimal for the development of the children themselves, their immediate environment, and society as a whole.

In recent years, non-state educational institutions for such children have become widespread in the country, since they try to bring upbringing as close as possible to home. However, not everyone can pay money and considerable money for placing their children in such institutions. This also applies to the ability to pay for such work of invited teachers at home.

Considering all these points, the Government of the Russian Federation in 1996 adopted a Resolution according to which children with disabilities were given the opportunity to receive education at home.

The basis for organizing home education for a disabled child is the conclusion of a medical and prophylactic institution.

Children with disabilities who, due to health reasons, are temporarily or permanently unable to attend educational institutions with parental consent, receive educational services at home. Homeschooling is carried out by an educational institution that is closest to the child's place of residence. The enrollment of a child in an educational institution is carried out on a general basis.

At the same time, for the effective organization of the learning process, the educational institution must provide the disabled child with free textbooks, educational, reference and other literature available in the library of the educational institution during the training.

The actual homeschooling is carried out by specialists from among teaching staff specific educational institution. They also provide methodological and advisory assistance necessary for the development of general education programs.

Parents (legal representatives) may additionally invite teaching staff from other educational institutions when teaching a disabled child at home. Also, teaching staff, by agreement with an educational institution, can participate, together with teachers already working with a specific child, in the intermediate and final certification of a disabled child (taking exams).

In accordance with current law on education, parents have the right to independently educate their children within the framework of state educational standards. In this regard, it is important to note that if education and upbringing of children with disabilities is carried out at home by their parents (legal representatives) independently, then the educational authorities must compensate for the costs in the amount determined by state and local standards for financing the costs of training and education in the state or municipal educational institution of the appropriate type and type.

The realization of the right to receive education and upbringing at home by disabled minors is of great importance, since it concerns tens of thousands of people. The task of the state is to create such a mechanism so that every disabled child, if desired, could exercise this right.

In Russia, the state has shared responsibility for the welfare of children together with their parents. State care is manifested, or at least should be manifested in various forms - in the payment of child benefits, free secondary education, etc. However, its role is not limited only to the provision of certain benefits, it also takes on the protection of the interests of children, including from the greed of their own parents. The overwhelming majority of disputes over real estate, rights to which children have, are resolved in favor of the latter.

Ownership in Russia is not unconditional. The owner of an apartment or other dwelling in which the minor members of his family live is considerably limited in the right to dispose of his real estate. Ownership here should not conflict with the interests of children. And such a contradiction can arise if the owner of the apartment decides to sell, exchange or donate it, that is, to make a deal, according to which the property is alienated. It is up to the guardianship and guardianship body to decide how much the child's rights will suffer in the event of such a transaction. Without his consent, the alienation of an apartment or other residential real estate where minors live or to which minors are entitled is impossible. Even if the deal takes place, it will be null and void, that is, invalid from the moment of conclusion.

The functions of guardianship and trusteeship bodies are entrusted to local government bodies. In Moscow, these issues are dealt with by district councils. An official, even a municipal one, always remains an official - he makes a decision on the basis of various kinds of certificates and official documents. And if the parents set out to sell (exchange, donate) an apartment in which minor children live with them, they will have to collect a whole package of such papers. Before listing everything that is required by the guardianship authority to make a decision, I would like to remind you once again: this procedure is not of a notification, but of a permissive nature, therefore, the presence of all documents and their authenticity do not at all guarantee a positive answer.

So, in order to obtain a permit for the alienation of residential premises, the following documents must be submitted to the guardianship authority:

a statement from both parents with a request for permission to complete the transaction;

a statement of a minor over 14 years of age on consent to this transaction;

BTI certificate on the book value of the dwelling at the time of the request;

an extract from the house book at the place of residence of the minor;

copies of financial personal accounts of the residential area separately from the place of sale and the place of purchase (exchange) of residential premises;

copies of certificates of ownership of residential premises, separately from the place of sale and from the place of purchase (exchange);

consent of a minor over 16 years of age to live in a residential area acquired for him as a result of an alienation transaction;

a copy of a certificate from the tax office confirming the absence of real estate tax arrears.

In addition, the guardianship authority may demand a written commitment from each owner (certified by a notary) to remove him and his family members from the occupied living space.

If the guardianship authority gives "the go-ahead", the owner of the alienated property will receive permission to conclude the transaction, formalized by a resolution or order of the local government signed by its head.

Consider the options:

“I have an apartment in a housing cooperative, where, besides me, my wife and two minor children are registered. Now I'm going to sell this apartment. Is it possible to send the children to the grandfather before the sale so that there are no problems with the guardianship authorities? "

According to paragraph 4 of Art. 292 of the Civil Code of the Russian Federation, the permission of the guardianship authority for the sale of an apartment is necessary if minor members of the owner's family live in it. The place of residence of minors under 14 years of age is the place of residence of their parents (clause 2 of article 20 of the Civil Code of the Russian Federation). Thus, even if you manage to register the children with your grandfather, their place of residence will still be the apartment in which you and your wife are registered. Therefore, in any case, you will have to obtain permission from the guardianship authority to sell the apartment.

“My husband and I bought a three-room apartment, where a family with a small child lived before us. The former owners of the apartment checked out with the child, after which my husband and I registered there. However, the guardianship authority does not consent to the registration of our minor children in this apartment. The guardianship authority motivates the refusal by the fact that the child was discharged without their permission and registered in a smaller apartment. In addition, the guardianship authority says that the sale and purchase could not be carried out at all without their consent. Is it possible now to cancel such a deal? "

The sale of the apartment in which the minor child lived could not be carried out without the consent of the guardianship and guardianship authority (Article 292 of the Civil Code of the Russian Federation). If this nevertheless happened, then such a transaction contradicts the requirements of the law and is void (Article 168 of the Civil Code of the Russian Federation). This means that the apartment purchase and sale agreement concluded by you does not entail legal consequences and is not valid from the moment of its conclusion. The court (at the request of the guardianship authority, either of the parties to the agreement or on its own initiative) may apply the consequences of the invalidity of a void transaction and oblige each of the parties to the purchase and sale agreement to return to the other everything received under this transaction (Articles 166, 167 of the Civil Code of the Russian Federation).

“At what age does the child not need the consent of the guardianship authority to sell an apartment that belongs to me and the child on the basis of shared ownership? Now the child is 15 years old. We are both registered in this apartment, but for several years we have been living in another city, with a temporary registration there. "

The permission of the guardianship authority is required when selling an apartment in which persons under the age of 18 (i.e. minors) live (are registered).

However, the Civil Code of the Russian Federation provides for two cases when a child can acquire legal capacity in full even before the age of eighteen.

Firstly, a minor who has reached the age of 16 can be declared fully capable if he works under an employment agreement (contract) or, with parental consent, is engaged in entrepreneurial activity. This procedure is called emancipation. If both parents agree to the emancipation of the child, it is carried out by decision of the guardianship and guardianship authority. If there is no consent of at least one of the parents, emancipation can be carried out by a court decision (Article 27 of the Civil Code of the Russian Federation).

Secondly, a citizen under the age of 18 acquires full legal capacity from the time of marriage (clause 2 of article 21 of the Civil Code of the Russian Federation).

If your child acquires full legal capacity, then you can sell the apartment without the consent of the guardianship authority. In this case, it will be necessary to refer to the fact that your child has the right to independently acquire and exercise civil rights, create civil obligations for himself and fulfill them.

International protection of human rights includes an essential component - international protection the rights of the child. This is due to the fact that children, due to mental and physical immaturity, need to be provided special protection... Moreover, historically, the social status of a child is lower than that of adults. Two centuries ago, the children of the world were subjected to all kinds of punishment, up to death penalty... And nowadays there are many cases of abuse of this status of children, so today the international protection of children is one of the global problems of humanity.

At the global level, the issue of the need to regulate the rights of children was decided after the First World War. In 1919, the League of Nations created the Committee for Child Welfare, which dealt with the issues of homeless children, child slavery, labor, prostitution and the sale of children.

In 1924 in Geneva, the Fifth Assembly of the League of Nations adopted the Declaration of the Rights of the Child, which consisted of five principles of the international legal protection of children:

• 1. the child should be given the opportunity to develop normally, both materially and spiritually;
• 2. a hungry child should be fed, a sick child should be cared for, vicious children should be corrected, orphans and street children should be given shelter and everything necessary for their existence;
• 3. the child should be the first to receive disaster relief;
• 4. the child should be given the opportunity to earn a livelihood and be protected from all forms of exploitation;
• 5. The child must be brought up with the knowledge that his best qualities will be used for the benefit of the next generation. The Declaration of the Rights of the Child was adopted on November 26, 1924 by the Fifth Assembly of the League of Nations in Geneva. [Electronic resource] // Access from the reference legal system"ConsultantPlus" ..

The main idea of ​​the 1924 Geneva Declaration was the duty of all mankind to take care of children.

Until 1945, new international documents appeared concerning certain aspects of the protection of children: the Slavery Convention of 1926; 1921 Convention for the Suppression of the Traffic in Women and Children; ILO Convention No.10 concerning the Minimum Age of Employment of Children in Employment agriculture and etc.

According to R.M. Valeeva, “the fragmentary appeal of states to cooperation on the rights of the child, the lack of common principles of interaction and mechanisms for the implementation of norms allow us to conclude that international protection of the rights of the child as a system of international legal norms did not exist during the specified period” International and domestic protection of human rights : Textbook (edited by R.M. Valeev). Statute. 2011. [Electronic resource] // Access from the reference legal system "ConsultantPlus".

After World War II, began to form modern system international legal protection of children, a special direction was highlighted in the UN: the UN was created by the Social Commission and Children's Fund The United Nations (UNICEF), and specialized UN agencies are also involved in this problem: the World Health Organization (WHO), the International Labor Organization (ILO), the United Nations Organization for Science, Culture and Education (UNESCO).

By Resolution 1386 (XIV) of the UN General Assembly of November 20, 1959, the Declaration of the Rights of the Child was adopted "in order to provide children with a happy childhood and enjoy, for their own benefit and for the benefit of society, the rights and freedoms that are provided here."

The Declaration contains the following important principles, how:

• · A child needs love and understanding for the full and harmonious development of his personality;
• The child must be provided with special protection by law and other means and provided with opportunities and favorable conditions that would allow him to develop physically, mentally, morally, spiritually and in socially in a healthy and normal way and in conditions of freedom and dignity;
• · The child must have the right to a name and citizenship from birth;
• The child must have the right to adequate food, housing, entertainment and medical service, education, which should be free and compulsory, at least for initial stages;
• · A child who is physically, mentally or socially handicapped should be provided with special treatment, education and care necessary due to his special condition;
• · The child must be protected from all forms of neglect, abuse and exploitation. It must not be traded in any form;
• · The child should be protected from practices that may encourage racial, religious or any other form of discrimination Declaration of the Rights of the Child (proclaimed by Resolution 1386 (XIV) of the UN General Assembly of November 20, 1959). [Electronic resource] // Access from the reference legal system "ConsultantPlus" ..

On November 20, 1989, the UN General Assembly adopted the most important international act in the field of the protection of children's rights - the Convention on the Rights of the Child. This is the first document in which not only the rights of the child are regulated, but the mechanism of control over the States parties to comply with the Convention.

The main provisions of the Convention on the mechanism are as follows:

• · States Parties shall take all necessary legislative, administrative and other measures to implement the rights recognized in this Convention.
• · States Parties shall take all necessary measures to ensure the protection of the child from all forms of discrimination or punishment on the basis of the status, activities, expressed views or beliefs of the child, the child's parents, legal guardians or other family members.
• · States Parties shall ensure, to the greatest extent possible, the survival and healthy development of the child.
• · States Parties take measures to combat the illegal movement and non-return of children from abroad.
• · The child has the right to freely express his or her opinion; this right includes the freedom to seek, receive and impart information and ideas of any kind, regardless of boundaries, orally, in writing or in print, in the form of works of art or through other means of the child's choice.
• States Parties shall take all necessary measures to facilitate the physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation or abuse, torture or any other cruel, inhuman or degrading treatment, punishment or armed conflict Convention on the Rights of the Child. New York, November 20, 1989 [Electronic resource] // Access from the reference legal system "Garant" ..

“In addition, article 17 of the Convention specifically stipulates the role of the media: States parties undertake to encourage the media to disseminate information and materials that are socially and culturally beneficial to the child. The states parties to the convention have undertaken, using appropriate and effective means, to widely inform both adults and children about the principles and provisions of the Convention. ”Kalinkina M.Yu. International documents in the interests of children and youth: features of legal protection (retrospective analysis from the 19th century to the present). Juvenile justice issues. 2008. N 3 [Electronic resource] // Access from the reference legal system "ConsultantPlus".

So, common goal The Convention is to strengthen legal status child as a citizen and family member, improving his position in society and family. Many authors note the special place of the Convention among other international instruments on children's rights. So, S. Sorokin notes: “... its importance for the protection of the rights of the child in the family is no less important, which has special meaning for modern Russia, which will, firstly, completely revive the understanding of the family as an enduring value, and secondly, radically change the patriarchal idea of ​​the subordinate position of a minor in the family that has developed over the centuries "Sorokin S." UN Convention on the Rights of the Child. Russian justice. 1999, N 6 [Electronic resource] // Access from the reference legal system "Guarantor" .. Also, this Convention offers a formulation of the concept of "child", which is considered to be every human being up to the age of 18, if, according to the law applicable to this child , he does not come of age earlier.

According to Part 1 of Art. 43 of the 1989 Convention, in order to review the progress made by States Parties in fulfilling the obligations assumed under this Convention, a Committee on the Rights of the Child is established. Since 1991, the Committee on the Rights of the Child, an 18-member group of experts, has been operating in Geneva, which considers the reports of the governments of the states parties on the implementation of the provisions of the Convention.

The protection of the interests of children is enshrined in international legal acts of a universal nature: the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights of 1966 concerning the protection of civil and political rights, economic, social and cultural rights.

The following international documents: Optional Protocol to the 1989 Convention on the Rights of the Child on the involvement of children in armed conflict, 2000; Optional Protocol to the 1989 Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000; Declaration on social and legal principles on the health and well-being of children, especially in foster care and adoption nationally and internationally, 1986; 1990 African Charter on the Rights and Welfare of the Child; 2000 Charter of Fundamental Rights of the European Union; 1995 CIS Convention on Human Rights and Fundamental Freedoms, etc.

In 1959, the UN General Assembly proclaimed the Declaration on the Right of the Child. This international legal instrument states that some human rights have a direct bearing on children, who need special care and attention, since they are extremely vulnerable to the causes of underage.

The adoption of the Declaration has been of great importance in the protection of children. However, you need to know that any declaration is only advisory in nature, and therefore, its norms are not at all obligatory for execution. In this regard, the adoption of the Convention on the Rights of the Child on 20 November 1965 was of great importance for the protection of children around the world. The convention was adopted by the UN General Assembly and ratified by our country a year later. According to the Convention, a child is a human being up to the age of 18 (Art. 1).

When a child is born, a certain relationship immediately arises between him and his parents. Some of these relations are governed by the norms of morality and the rules of cohabitation of people; others - by the norms of law, in particular, by the norms of family law, which establishes the conditions and procedure for marriage and its termination, regulates personal property and property relations between family members: spouses, parents and children, other relatives, and also determines the forms and procedure for the arrangement to a family of children left without parental care.

The problem of human rights is one of the eternal problems that accompany humanity. The importance of its solution lies in the fact that the implementation (realization) of human rights is one of the main conditions for the physical and mental well-being of a person, his moral development. UN adopted a number of documents on important issues people's lives. The most important of these documents is the Universal Declaration of Human Rights, (December 10, 1948), adopted by the UN General Assembly. For the first time in human history, basic human rights were formulated and recommended for implementation in all countries.

The personal rights of children are the right to live and be raised in a family (as far as possible), the right to know their parents and the right to be cared for, and the right to live with them. The right to be raised by their parents, to ensure the interests of the child and respect for his human dignity.

The child is also entitled to such a personal right as the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives (Article 55 of the Family Code of the Russian Federation).

Every child has the right to a name, patronymic and surname (Article 58 of the RF IC). The name is given to the child by agreement of the parents, the patronymic is assigned by the name of the father, the surname is determined by the surname of the parents.

The right to defense (Article 56 of the RF IC). The child's right to protect his rights and legitimate interests corresponds to the responsibilities of the parents, and in the cases provided for by law, of the guardianship and guardianship authorities, prosecutors, and judges.

The right to protection from abuse by parents or persons replacing them (Article 56.4.2 of the RF IC).

If the rights and legitimate interests of the child are violated, including if the parents (one of them) fail to fulfill or improperly fulfill their responsibilities for the upbringing and education of the child; or in case of abuse of parental rights, the child has the right to independently apply for protection to the guardianship and guardianship authorities, and if he is 14 years old, then to the court.

The current family legislation of the Russian Federation provides for the child's right: to express his or her opinion (Article 57 of the RF IC). The child has the right to express his opinion in the decision in the family of any issue affecting his interests, as well as to be heard in any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory (unless it is contrary to the interests of the child) in the following cases:

Changing the name and surname of the child is possible only with the consent of the child, his opinion is mandatory when deciding in court the issue of restoring parental rights. The child's consent is a prerequisite for a preparatory solution to this issue;

Resolution of the issue of adoption;

Deciding the issue of the name, patronymic and surname of the adopted child, on the production of a record of the adoptive parents as the parents of the adopted child;

Resolving issues related to the cancellation of adoption and the transfer of the child to foster care.

Thus, we can say that the current family legislation of the Russian Federation presents a wide range of personal rights of the child.

UN Convention on the Rights of the Child:

Art. 19- defines the concept of "ill-treatment" and defines the protection measures;

Art. 6- provides for the provision of the maximum possible degree of healthy development of the child;

Art. 16- protection from arbitrary or unlawful interference in the privacy of the child, from encroachment on his honor and reputation;

Art. 24- ensuring measures to combat disease and malnutrition;

Art. 27- recognition of the right of every child to a standard of living necessary for physical, mental, spiritual, moral and social development;

Art. 34- protecting the child from sexual abuse;

Art. 37- protecting the child from other forms of abuse;

Art. 39- measures to help a child who is a victim of abuse.

The Criminal Code of the Russian Federation provides for liability:

Art. 106 - 136- for the seduction of physical and sexual violence, including against minors;

Art. 150 - 157- for crimes against family and minors.

RF Law "On Education":

Art. 5- affirms the right of children studying in all educational institutions to "respect for their human dignity";

Art. 56- provides administrative penalty teaching staff for the admitted physical or mental "violence against the personality of the pupil."

Family Code of the Russian Federation:

Art. 54- affirms the child's right to respect for his human dignity;

Art. 56- gives the child the right to protection, and also obliges the guardianship and guardianship authority to take measures to protect the child;

Art. 69- provides for "deprivation of parental rights" as a measure to protect children from abuse in the family;

Art. 77- gives the right to immediately take the child away from the family in case of an immediate threat to his life and health.

Law of the Russian Federation "On the Protection of Children's Rights":

Art. fourteen- reads: "Abuse of children, physical and psychological violence against them is prohibited." RF Code of Administrative Offenses

Art. 5.35... Failure by parents or legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of minors.

Failure by parents or other legal representatives of minors to fulfill their responsibilities for the maintenance, upbringing, education, protection of the rights and interests of minors

Causes warning or overlap administrative fine in the amount of one to five times the minimum wage.

Among the international documents on the protection of children's rights, two main and most significant ones can be distinguished - these are the Declaration of the Rights of the Child and the UN Convention on the Rights of the Child.

The Declaration of the Rights of the Child was adopted by Resolution 1386 (XIV) of the UN General Assembly of November 20, 1959. The preamble to this regulatory document said:

“Whereas the peoples of the United Nations have reaffirmed in the Charter their faith in fundamental human rights and in the dignity and worth of the human person, and are determined to promote social progress and better living conditions in larger freedom, Declaration of Human Rights proclaimed that everyone should have all the rights and freedoms specified in it, without any distinction of any kind on such grounds as race, color, sex, language, religion, political or other beliefs, national or social origin , property, birth or other circumstance, taking into account that the child, due to his physical and mental immaturity, needs special protection and care, including adequate legal protection, both before and after birth, taking into account that the need for such special protection was specified in the 1924 Geneva Declaration of the Rights of the Child yes, and recognized in the Universal Declaration of Human Rights, as well as in the charters of specialized institutions and international organizations concerned with the welfare of children, bearing in mind that humankind has a duty to give the child the best that it has, the General Assembly proclaims this Declaration of the Rights of the Child in order to ensure that children have a happy childhood and enjoy, for their own benefit and for the benefit of society, rights and freedoms, which are provided here, and encourages parents, men and women as individuals, and voluntary organizations, local authorities and national governments to ensure that they recognize and endeavor to observe these rights through legislative and other measures gradually adopted in accordance with the following principles. ”BL Zimnenko. On the application of norms international law by the courts general jurisdiction. Reference manual... - M .: Statut, Russian Academy of Justice RAP, 2005 .-- 540 p. - S. 159 ..

It should be noted that the Declaration of the Rights of the Child, adopted by the UN General Assembly in 1959, establishes the following principles:

1. The child must have all the rights specified in this Declaration. These rights should be recognized for all children without any exception and without distinction or discrimination on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other circumstance concerning the child himself or his family.

2. The child must be provided with special protection by law and by other means and provided with opportunities and favorable conditions that would allow him to develop physically, mentally, morally, spiritually and socially in a healthy and normal way and in conditions of freedom and dignity. The best interests of the child should be a primary consideration in promulgating laws for this purpose.

3. The child must have the right to a name and citizenship from birth.

4. The child should enjoy the benefits of social security. He should have the right to healthy growth and development; to this end, special care and protection should be provided for both him and his mother, including prenatal and postnatal care. The child must have the right to adequate food, housing, entertainment and health care.

5. A child who is physically, mentally or socially handicapped should be provided with special treatment, education and care necessary in view of his special condition.

6. A child needs love and understanding for the full and harmonious development of his personality. He should, whenever possible, grow up under the care and responsibility of his parents, and in any case in an atmosphere of love and moral and material security; a young child should not, except in exceptional circumstances, be separated from his mother. Society and public authorities should have an obligation to take special care of children without families and children without sufficient means of subsistence. It is desirable that large families provided state or other benefits for the maintenance of children.

7. The child has the right to receive education, which must be free and compulsory, at least in the initial stages. He should be given an education that would contribute to his overall cultural development and through which he could, on the basis of equality of opportunity, develop his abilities and personal judgment, as well as a consciousness of moral and social responsibility and become a useful member of society. The best interests of the child should be the guiding principle for those with responsibility for his education and training; this responsibility lies primarily with his parents. The child should be provided with full opportunities for games and entertainment that would be directed towards the goals pursued by education; society and public authorities should make efforts to promote the implementation of this right.

8. The child should, under all circumstances, be among those who are the first to receive protection and assistance.

9. The child must be protected from all forms of neglect, abuse and exploitation. It must not be traded in any form.

10. A child should not be hired before reaching the appropriate age minimum; In no case shall he be entrusted or permitted to work or occupy which would be harmful to his health or education or hinder his physical, mental or moral development.

11. The child should be protected from practices that may encourage racial, religious or any other form of discrimination. He should be brought up in the spirit of mutual understanding, tolerance, friendship between peoples, peace and universal brotherhood, as well as in full consciousness that his energy and abilities should be devoted to serving for the benefit of other people ”Timoshenko IV, Simonov AN International law. Lecture notes. - M .: Phoenix, 2008 .-- 256 p. - S. 182 ..

The UN Convention on the Rights of the Child is an international legal document, which defines the rights of children to education, enjoyment of cultural achievements, the right to rest and leisure, and the provision of other services to children by the UN member states. The Convention on the Rights of the Child is the first and main international legal document in which the rights of the child were considered at the level of international law. The document consists of 52 articles detailing individual rights young citizens from birth to 18 years old to fully develop their capabilities in conditions free from hunger and want, cruelty, exploitation and other forms of abuse. The Convention on the Rights of the Child has been ratified by all UN member states except the United States, Somalia and South Sudan, as well as by the Holy See and state entities in free association with New Zealand: the Cook Islands and Niue.

The history of the creation of this Convention deserves special attention. One of the first steps taken by the UN General Assembly to protect children's rights was the formation in 1946 of the United Nations Children's Fund (UNICEF).

Two years later, in 1948, the General Assembly adopted the Universal Declaration of Human Rights. Its provisions and the 1966 International Covenants on Human Rights recognize that children are subject to special protection.

But the first UN act concerning the rights of children was the Declaration of the Rights of the Child, adopted by the General Assembly in 1959, in which ten principles were formulated that govern the actions of all who are responsible for the fulfillment of the full rights of children, and which aimed to provide them with a "happy childhood." ... The declaration proclaimed that “humanity is obliged to give the child the best that it has”, to guarantee children the enjoyment of all rights and freedoms for their benefit and the welfare of society.

On the 20th anniversary of the adoption of the Declaration of the Rights of the Child, the UN proclaimed 1979 the International Year of the Child. In commemoration of this, a number of legal initiatives were put forward, including a proposal made in 1978 by Poland to consider a draft Convention on the Rights of the Child in the UN Commission on Human Rights. The author of the initial project was the Polish professor of international affairs A. Lopatka. Work on the text of the draft Convention took ten years and ended in 1989, exactly thirty years after the adoption of the Declaration of the Rights of the Child.

At the last stage of the preparation of the convention, on November 10, 1989, in the Third Main Committee of the UN, on behalf of the Soviet public, the Chairman of the Soviet Children's Fund, the writer Albert Likhanov, officially supported the draft Convention. At the signing of the UN Convention, at a meeting of the UN General Assembly, which adopted the Convention, the USSR delegation did not take a word, being satisfied with the statement of a representative of the public. The convention on behalf of the USSR was signed by the Minister of Foreign Affairs of the USSR E. A. Shevardnadze. A. A. Likhanov was the deputy head of the USSR delegation. Subsequently, the Soviet Children's Fund awarded A. Lopatka, the former Supreme Judge of Poland, who initiated the creation of the Convention, its highest award - the Leo Tolstoy International Gold Medal, presented to him in Moscow.

During the work on the Convention and after its adoption by the General Assembly, meetings were organized with the participation of UN organizations, bodies and specialized agencies in order to attract attention and disseminate information about the Convention, which is of global importance for the realization of human rights - children's rights. The Convention was adopted by resolution 44/25 of the UN General Assembly on November 20, 1989, on January 26, 1990, the signing of the Convention began. The convention entered into force on September 2, 1990, after ratification by twenty states. At the Vienna Conference on Human Rights in 1993, it was decided to ensure that by 1995 the Convention would become universal for all states. International law. - M .: Prospect, 2008 .-- 832 p. - S. 439 ..

In 2000, two optional protocols to the convention were adopted and entered into force in 2002 - on the involvement of children in armed conflict (143 countries as of October 2010) and on the sale of children, child prostitution and child pornography (149 countries as of September 2011). As of 2011, the UN Human Rights Council proposed to the General Assembly a draft third protocol, which would provide for the possibility of considering complaints about violations of the convention.

Let's characterize the content of the Convention on the Rights of the Child:

Articles 1-4 define the concept of "child" and affirm the priority of the interests of children over the interests of society.

Articles 5-11 define the list of rights to life, name, citizenship, the right to know one's parents, the right to be cared for by parents and not to be separated, the rights and obligations of parents in relation to children.

Articles 12-17 set out the rights of children to express their views, their opinions, freedom of thought, conscience and religion, association and peaceful assembly, the child's access to the dissemination of information.

Articles 18-27 define the list of the rights of special categories of children, as well as the obligations of the state to protect and help such children.

Articles 28-31 enshrine the rights of children to a standard of living necessary for the physical, mental, spiritual, moral and social development of the child, as well as the right to education, rest and leisure.

Articles 32-36 establish the responsibility of the state to protect the rights of children from exploitation, illegal drug use, abduction and trafficking in children.

Articles 37-40 define the rights of a child in detention, as well as the rights of children to be protected in times of armed conflict and war.

Articles 41-45 refer to ways of informing the main provisions of the Convention and their right to work from the age of 14, and also tell about the Committee on the Rights of the Child, its structure, functions, rights and obligations

Articles 46-54 indicate the solution of procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signature by all states, so the Vatican International Law, which is not a member of the UN, could become a party to it. Textbook. - M .: Omega-L, 2006 .-- 832 p. - S. 520 ..

Thus, in international law, there are two main documents in the field of protecting the rights of children - the Declaration of the Rights of the Child, which guarantees the rights to a name and citizenship, social protection and social Security, education, love and understanding, as well as the UN Convention on the Rights of the Child, which defines children's rights to education, culture, recreation and leisure.

In 1923 in Geneva, the League of Nations adopted the proposed International Union for the Salvation of Children Declaration of the Rights of the Child. It was the first international legal document to protect the rights and interests of children. The Declaration emphasized for the first time that childcare and protection were no longer the exclusive responsibility of the family and even of a separate state. All humanity must take care of protecting the rights of children.

Despite the significance of this event, the final system for protecting the rights of the child as component protection of human rights took shape much later, i.e. only after the UN proclaimed the principle of respect for human rights. The need to develop measures to protect the rights of the child due to his physical and mental immaturity demanded the allocation of international protection of children's rights in a special direction.

So was created United Nations Children's Fund (UNICEF), which carries out international protection of the rights of the child in several directions: the development of declarations, resolutions, conventions in order to prepare international standards in the field of child rights, the creation of a special control body for the protection of the rights of the child, assistance in bringing national legislation in accordance with international obligations, rendering international assistance through the United Nations Children's Fund.

The most productive is the UNICEF norm-setting activity on the protection of the rights of the child. The main international instruments related to children's rights include:

• Declaration of the Rights of the Child (1959);
• UN Convention on the Rights of the Child (1989);
• World Declaration on the Survival, Protection and Development of Children (1990).

The Declaration of the Rights of the Child is the first international document in which parents, as well as voluntary organizations, local authorities and national governments, are encouraged to recognize and respect children's rights through legislation and other measures. The ten principles set out in the Declaration proclaim the rights of children to a name, citizenship, love, understanding, material security, social protection and the provision of opportunities to receive education and develop physically, mentally, morally and spiritually in conditions of freedom and dignity. The Declaration pays special attention to the protection of the rights of the child. It is indicated that the child must receive timely assistance and be protected from all forms of neglect, abuse and exploitation.

The Declaration is the semantic basis for a new major international document - Convention on the Rights of the Child. The adoption of the Convention was a significant milestone in the protection of children's rights. For the first time in the Convention, the child is considered not only as an object requiring special protection, but also as a subject of law, who is granted the entire spectrum of human rights. The Convention on the Rights of the Child consists of a preamble and 54 articles detailing the individual rights of every person under the age of 18 to fully develop their capabilities in conditions free from hunger and want, cruelty, exploitation and other forms of abuse.

The Convention recognizes that every child regardless of race, color, sex, language, religion, political or other opinion, national, ethnic and social origin, legal law education, development, protection, active participation in the life of society. The Convention links the rights of the child with the rights and responsibilities of parents and others, responsible for the lives of children, their development and protection, and gives the child the right to participate in decisions that affect his present and future.

The participating States respect the child's right to freedom of thought, conscience and religion (art. 14 par. 1); the child has the right to freely express his opinion: this right includes the freedom to seek, receive and impart information and ideas of any kind, regardless of boundaries, orally, in writing or in print (paragraph 1 of Art. 13); The participating States recognize the right of every child to a standard of living necessary for physical, mental and social development (Art. 27 par. 1).

Some of the provisions of the Convention on the Rights of the Child are more specific. Thus, States Parties shall take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or psychological violence, abuse or abuse, neglect or neglect or abuse or exploitation, including sexual abuse by parents, lawful guardians or any other person caring for the child (paragraph 1 of article 19); recognize the child's right to rest and leisure, the right to participate in games and recreational activities (Clause 1, Art. 31); recognize the child's right to protection from economic exploitation and from performing any work that may endanger his health or serve as an obstacle to his education or harm his health and physical, mental, spiritual, moral and social development(Clause 1.Article 32).

The Convention notes that parents and other persons raising a child are primarily responsible for ensuring, within the limits of their abilities and financial capabilities, the living conditions necessary for the development of the child (paragraph 2 of article 27).

According to the Convention, all state structures, including teaching and educational, are obliged to widely inform both adults and children about the principles and provisions of the Convention (Art. 42). The Convention on the Rights of the Child is recognized throughout the world as a document of international law and is a model of high social, moral and pedagogical significance. The significance of this international document also lies in the fact that for the first time within the framework of the Convention an international monitoring mechanism was created - the Committee on the Rights of the Child, which is authorized to consider once every five years the reports of states on the measures they have taken to implement the provisions of the Convention.