Responsibility for not giving children. Responsibilities of parents in raising children. Responsibilities provided for by family law

At all times, parents are responsible for their children. Moreover, adults are responsible not only for ensuring that the child has a place to live and what to eat, but also for the physical, spiritual, moral and social education of their child. Family education consists of a large number of pedagogical aspects that are decided by both parents together or by one of the parents with the approval or tacit consent of the other. At the same time, the main goal of any education is to respect the interests of the child himself. Naturally, any decisions are made taking into account the child’s opinion within the limits of pedagogical expediency.

Today, there are many international and internal documents regulating the rights and responsibilities of children, as well as the responsibility of parents for children, the main ones of which can be considered the International Convention on the Rights of the Child, the Family Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, as well as the Criminal Code of the Russian Federation.

Who is responsible for the children

There are times in life, unfortunately, not always very pleasant, when it is necessary to know exactly who is responsible for children in a given situation. All such offenses are considered in the relevant legislative documents. First of all, in accordance with the International Convention on the Rights of the Child, parents are obliged to ensure and protect the rights and interests of their child in any life situation, to raise the child, treating him as correctly as possible, avoiding neglectful, cruel, rude and degrading treatment, insults and exploitation of children labor. Each family is obliged to create conditions so that the child, upon reaching the age of 15, receives basic general education, that is, graduates from school or an educational institution corresponding to it. In addition, parents must create normal living conditions for the child’s development.

If the parents are unmarried or divorced, they are obliged to support their children until they reach the age of 18 in a form determined by them independently, or in the form of alimony payments ordered by the court. For failure to fulfill these basic parental responsibilities, as well as for illegal actions in relation to their children, adults bear all types of administrative and criminal liability.

A parent's responsibility for a child is determined by two factors:

1. specific offense committed by a minor
2. age of the child at the time of the offense

Criminal liability of children

Of course, it is a nightmare for any parent when their child is suspected of committing a criminal offense. Questions are spinning in my head: “How?”, “Why?”, “Why?”, “Who is to blame?” and “What should I do?” In our country, children become criminally responsible from the moment they turn 16 years old, in especially serious cases - from the age of 14. Serious crimes in the Russian Federation include murder, intentional infliction of serious and moderate harm to health, kidnapping, rape and other violent acts, theft, robbery, robbery, extortion, theft of a car or other vehicle, intentional destruction and damage to property of third parties, terrorism and knowingly false reporting of terrorist attacks, hostage-taking, aggravated hooliganism, vandalism, theft or extortion of weapons, ammunition, explosives and explosive devices, as well as drugs and psychotropic substances, rendering transport and communications unusable. If the child is under 14 years of age at the time of committing the crime, then all responsibility for minor children is transferred to their parents, who are given a punishment in accordance with the requirements of the law.

Most often in our country the issue of administrative responsibility of minors arises. This problem is quite acute today, not only due to the fact that the legislation is at the stage of reform, but also due to the real increase in the number of offenses committed by teenagers. According to current legislation, full administrative responsibility for children begins when they reach 14 years of age. From this moment on, the teenager is independently responsible for his illegal actions with his property or ability to work. If the perpetrator does not have sufficient funds to cover the damage, then the difference is recovered from the parents or guardians, except in cases in which the latter prove that the damage did not arise through their fault. These rules are valid from 14 to 18 years of age. After reaching adulthood, a person fully and independently bears all types of responsibility for his actions.

The responsibility of parents for minor children under 14 years of age lies entirely with the former, that is, with the parents, except in cases where they have proven their innocence in causing the damage. If at the time of the damage the child was under the supervision of a school, medical institution, health camp and other institutions, then the institution will be held responsible for the child’s offenses unless it proves its innocence in what happened.

Now let's figure out what children do and what their parents have to bear responsibility for. The most common violations are appearing drunk on the street and in a public place, drinking alcohol and drinks containing alcohol, using drugs or psychotropic substances without a doctor’s prescription, and violating traffic rules by teenagers. For all this, parents are held accountable if their offspring is under 14 years old at the time the offense was committed, and the teenager is fully or partially responsible starting from the age of 14.

The forms of punishment in such cases depend on the severity of the offense committed. This may be a public reprimand, a warning, mandatory compensation for damage caused in the amount of half the minimum wage, a fine - up to 30% of the minimum wage, and for offenses related to drinking alcohol and appearing in public places while drunk - from 50% up to 100% of the minimum wage. In especially serious cases that involve several offenses, a fine of 3 to 5 times the minimum wage or arrest for up to 15 days may be applied.

Naturally, in such situations, parents have a question: what should they do if the child himself does not succumb to their positive influence and ignores their demands? Unfortunately, there is only one answer - change the value system in the family, set priorities so that the child understands what is important and what is of secondary importance. Raise your child so that he respects his parents and listens to your opinion, and is thoughtful about his actions and behavior. Of course, the school plays a big role in matters of education, so treat school education and your child’s interaction with teachers and classmates properly. We sincerely wish you that all the situations described in this article will bypass you and your children.

It must be remembered that parents not only have rights and responsibilities towards their own child, but also bear responsibility for them and for the actions performed by their wards. That is why a parent/adoptive parent or other responsible person should monitor the child as closely as possible.

Otherwise, if he commits any offense, the parent himself will also bear responsibility - this point is enshrined at the legislative level.

What it is

It should be remembered that spouses are responsible for the obligations of their minor children. This point is indicated at the legislative level.

Moreover, simultaneously in several regulatory documents. If possible, parents themselves should also figure out who is responsible for their children at school.

Because this moment is very important. Issues of the type under consideration are reflected directly in the Civil Code of the Russian Federation in as much detail as possible.

It must be remembered that, according to the Family Code of the Russian Federation, a child has the right to receive education from his parents, as well as to receive education and respect for his human dignity.

Based on the above-mentioned NAPs, various authorities have the right to demand that the parent bear financial and other responsibility for any actions/misdeeds of the child.

According to current legislation, the parent will be obliged to ensure payment for all damage caused by his child - and, if necessary, at his own expense.

This rule applies to children until they reach the age of 14 years.

In some other cases, this rule also applies in the period from 14 to 18 years. The parent is obliged to ensure that his child's obligations are fulfilled.

At the same time, the responsibility of parents for minor children has a very large number of different nuances.

That is why all parents, regardless of children’s behavior and other issues, should familiarize themselves with the following nuances in advance:

1. Who is responsible?
2. Where to contact.

Who carries

One of the most important questions affecting the topic under consideration is who exactly is responsible for minors?

At the legislative level, it is established that the person responsible for all actions of a minor is, first of all, the representative of his interests.

Today, all the rights and obligations of adoptive parents and parents are completely identical. In fact, at the legal level, the person who adopted him is recognized as his actual parent.

That is why the adoptive parent bears full responsibility for misconduct - with his income and property (like the parents).

The question often arises: do guardians and trustees bear financial or other responsibility for the actions committed by a minor?

According to current legislation, the liability of these persons is limited only by the list of clauses of the Federal Law.

This article does not include responsibility for actions that, for some reason, are committed by the ward.

At the same time, the institution where they are being raised and undergoing training is responsible for minor children.

There are the following nuances associated with this point:

There is a difficult point associated with the responsibility for the children of parents who, for some reason, previously had their rights to the child - until the commission of any illegal acts.

Each individual case, if it comes to court, is considered in a special manner. The parent deprived of rights will bear financial responsibility in the case where the commission of a crime by the child itself became possible due to improper performance of duties.

For example, if a child was previously involved in any criminal activity by a parent, he or she will develop a tendency to steal.

The court may also consider improper upbringing to be a significant reason. The regulatory framework on this issue is quite extensive.

That is why it is imperative to familiarize yourself with it in advance. This will allow you to avoid various kinds of difficult moments.

Where to contact

It should be remembered that if a minor has committed any serious offense for which serious liability is imposed, one should go to court - at the place of his current one.

But there is one important point - not all judicial institutions have the right to make decisions in cases where the interests of minors are in any way affected.

Incidents of this kind are brought up for consideration:

At the same time, the magistrate judge does not have the right to conduct cases of this kind.

It should also be remembered that in the court hearing, as a result of which it will be necessary to impose a penalty for a person under the age of majority, the following must take part:

• representatives of guardianship authorities and;
• employee of the prosecutor's office.

Compliance with this rule is strictly mandatory. At the same time, the presence of the parents themselves, the child, and the plaintiff is not required.

But it is important to remember that in the absence of a defendant, the most unfavorable punishment for him is usually assigned. That is why you should not neglect attending court hearings; this can result in quite serious problems.

It also often happens that as a result of such court hearings, the parent is simply deprived of his rights in them.

Are parents responsible for minor children?

Answer to the question: Are parents responsible for their minor children? – definitely positive. But you should remember about a very large number of different nuances associated with this moment.

First of all, everything depends on the type of responsibility that is imposed for the commission of a specific crime.

At the moment, the following varieties are distinguished:

• criminal;
• administrative;
• civil;
• disciplinary.

The most serious offenses are violations for which criminal liability is imposed. But articles of the Criminal Code of the Russian Federation apply only to persons over the age of 16 years.

In some cases, the qualification can be reduced to 14 - when serious or especially serious crimes are committed. This moment is regulated.

At the same time, some minors will be punished from the age of 14 for certain crimes - for example, murder () and intentional causing harm ().

Administrative - this point is disclosed in as much detail as possible in the articles of the Administrative Code. At the same time, according to the Code of Administrative Offenses, only persons over the age of 16 can be punished for administrative offenses.

Before reaching this age, it is the child’s parents or his adoptive parents who bear responsibility for such violations - this may be a fine, or something else.

Civil liability implies punishment for causing property damage or health/honor to another person.

In most cases, the punishment for this type of offense is financial compensation. In the cases under consideration, the parent is responsible for his child only until he reaches 14 years of age.

Disciplinary responsibility can only be imposed if the child works according to. In this case, only the child himself can be punished.

For a parent or adoptive parent, if the child is quite problematic, it is best to familiarize yourself with the following important questions in advance:

1. What violations are responsible for?
2. How is it punished?
3. Limitation periods.
4. Basic nuances.

For what violations

In fact, the list of violations for which the parent of a minor is responsible is quite limited.

Regardless of whether a particular case falls under the scope of any regulatory document, all violations can be divided into the following categories:

Moreover, any of the designated offenses and crimes can be committed in various ways. If necessary, the parent will be required to fully compensate for all damage - regardless of its magnitude.

But at the same time, the court is always guided by the principle of reasonableness.

Such violations, which teenagers often commit, include the following:

The full list of offenses for which liability is imposed is quite extensive. There is impressive judicial practice in cases of this kind.

If possible and necessary, parents, as well as all other interested parties, should definitely familiarize themselves with it. This will avoid quite serious problems.

It is important to remember that a parent is financially responsible for his child until he reaches 14 years of age.

If his age is older, then the child must independently make full compensation for the damage - at the expense of any property owned.

It is important to remember that this point is enshrined at the legislative level. But if for some reason the child himself has no property and no income, then the parent will again have to pay for the damage.

How is it punished?

The following penalties may be applied to the parent:

It should be remembered that the Criminal Code of the Russian Federation has a separate section that regulates the list of punishments that apply to parents in cases where they are the direct cause of a crime committed by a minor.

Moreover, the responsibility is quite serious; in most cases it implies not only deprivation of rights, but also imprisonment and imprisonment. It is worth avoiding the emergence of such precedents.

The procedure for assigning responsibility of any type for any offenses of a child is simple and standard.

It looks like this:

Also, a writ of execution may include the need to sell any property - if for some reason the parent has no income.

In addition to financial liability, a court decision may indicate some other liability. For example, the need to serve a prison sentence.

Limitation periods

It should be remembered that holding anyone accountable (both a minor and his parent) has its own statute of limitations. Moreover, they are standard.

For example, the person who committed it will be released from criminal liability after the following terms:

Moreover, the countdown of the statute of limitations begins immediately from the moment the crime itself is committed. This point is disclosed in as much detail as possible in the Criminal Code of the Russian Federation.

At the same time, the statute of limitations is not affected by the time of onset of consequences after the commission of a crime.

This point is also indicated in the current legislation. It should be remembered that the limitation period does not apply to persons who committed terrorist attacks.

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Main nuances

It should be remembered that going to court is not always necessary. For example, administrative offenses committed by minors are considered by a special commission (for minors' affairs).

When this commission considers cases in which a person between the ages of 16 and 18 is involved, he may be released from administrative liability.

But at the same time, penalties established by federal laws are applied to him.

But if for some reason the child’s parents and the perpetrator himself do not want to recognize the court’s decision as completely legal, then the victim has every right to appeal to the court of the appropriate authority (city, district).

It should be remembered that if the case is not of a criminal nature, then evidence on it is collected and presented by the defendant and the plaintiff.

Law enforcement agencies usually do not take part in such cases. But if necessary, the relevant departments can be involved at any time.

The legislative framework

To avoid various kinds of problems associated with responsibility for your own children, it is worth familiarizing yourself in advance with the current legislative framework in this regard.

Family code:

Code of the Russian Federation on Administrative Offenses:

Criminal Code:

The legislative framework on this matter is quite extensive. It includes an impressive list of regulatory documents.

See here.

That is why you should take the utmost responsibility in raising your child. Otherwise, improper performance of your duties can lead to quite serious problems in the future.

In Article 54 of the Family Code of the Russian Federation it is said that a child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity.
Article 38 of the Constitution of the Russian Federation establishes the equal right and duty of parents to care for and educate their children. The content of the rights and responsibilities of parents in the upbringing, education, protection of the rights and interests of children, the procedure for the fulfillment of their duties by parents are determined by Articles 63-65, 137, 147, 150, 152 of the Family Code of the Russian Federation. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental and spiritual development of their children, and to ensure that their children receive a general education. Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.
Both parents are equally obliged to take care of the upbringing of their children and support them, that is, to provide for the child’s needs for food, clothing, leisure items, rest, treatment, etc. Parents' lack of necessary funds or being busy at work does not relieve them of responsibility for failure to fulfill their responsibilities for the upbringing and maintenance of minor children. Divorce and separation of parents does not relieve either of them from parental responsibilities.
Parents are given freedom to choose the means and methods of raising their child, subject to the restrictions provided for in paragraph 1 of Article 65 of the Family Code of the Russian Federation. When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.
The Code of the Russian Federation on Administrative Offenses provides for the following elements of administrative offenses.
Art.5.35. Code of Administrative Offenses of the Russian Federation.

Failure of parents or other legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of minors
Failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, upbringing, education, protection of the rights and interests of minors - entails a warning or the imposition of an administrative fine.
The basis for bringing to administrative responsibility under this article are the actions or inaction of a person, expressed in non-fulfillment or improper fulfillment of his duties for the maintenance, upbringing, education, protection of the rights and interests of minor children, which may lead to the children committing administrative and criminal offenses, evading them from studying, vagrancy, and other antisocial actions. The very fact of non-fulfillment or improper fulfillment of duties provided for by law is considered an offense, regardless of the occurrence of any harmful consequences. This administrative offense belongs to the category of continuing ones. The date of its commission is considered to be the day the fact (event) of the offense was identified. Parents, as well as other legal representatives of minors (guardians and trustees, officials of the administration of the children's institution in which the minor is located, officials of the guardianship and trusteeship authorities, if the minor does not have guardians and trustees and is not employed in a children's institution) are subject to liability under this article. .
The Criminal Code of the Russian Federation contains the following crimes:

Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill obligations to raise a minor.
Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by teaching staff or other employees of an educational organization, medical organization, organization providing social services, or other organization obliged to supervise the minor, if this the act is accompanied by cruel treatment of a minor, is punishable by a fine in the amount of up to 100 thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to 1 year, or by compulsory labor for a term of up to 440 hours, or by correctional labor for a term of up to 2 -x years, or forced labor for a term of up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 5 years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 5 years or without it.
The crime consists of failure to fulfill or improper fulfillment of the duty to care for the upbringing of a minor, grossly violating his rights and freedoms, combined with cruel treatment of the minor. Failure to perform or improper performance of duties for the upbringing of a minor consists of failure to fulfill or negligent performance of duties assigned to a person by law and regulations, which must be associated with cruel treatment of the minor.
Abuse means:
- deprivation of food, clothing, shoes, gross violation of the daily routine due to the psychophysical needs of a child of a certain age, deprivation of sleep, rest, failure to comply with basic hygiene standards, failure to comply with the doctor’s recommendations and orders for treating the child, refusal or evasion of providing necessary medical care to the child;
- active actions that grossly violate the fundamental rights and interests of the child, consisting in the application of unacceptable methods of education and treatment to him: all types of physical, mental and emotional violence against children, the presentation of clearly excessive demands on the child, demonstration of dislike, hostility towards him;
- systematic manifestation of physical and mental violence against close relatives of the child (for example, beating the mother in the presence of children).
Any actions of parents associated with failure to fulfill the duties of teaching and upbringing, harming the mental and physical health of the child, causing him moral and physical suffering, can be considered cruel.
According to Article 156 of the Criminal Code of the Russian Federation, only parents or other persons who are entrusted with the responsibility to take care of the upbringing of a minor (guardians, trustees, adoptive parents) or teachers, educators or other employees of an educational, educational or medical institution - persons can be brought to criminal liability who, by virtue of their profession (position), are obliged to take care of the upbringing of a minor.

Article 150 of the Criminal Code of the Russian Federation. Involving a minor in committing a crime:
1. Involving a minor in committing a crime through promises, deception, threats or in any other way, committed by a person who has reached the age of eighteen, is punishable by imprisonment for a term of up to five years.
2. The same act committed by a parent, teacher or other person who is charged by law with the responsibility for raising a minor, is punishable by imprisonment for a term of up to six years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. such.
3. Acts provided for in parts one or two of this article, committed with the use of violence or the threat of its use, are punishable by imprisonment for a term of two to seven years.
4. Acts provided for in parts one, two or three of this article, related to the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime, as well as in the commission of a crime motivated by political, ideological, racial, national or religious hatred or enmity or motivated by hatred or hostility towards any social group - is punishable by imprisonment for a term of five to eight years, with or without restriction of freedom for a term of up to two years.
Involvement of a minor in a crime means:
Active actions that arouse his desire to participate in the commission of one or more crimes together with someone or individually, manifested in a proposal, demand, or advice addressed to him. These actions are associated with promises - assurances and promises of a very different nature to provide the minor with any benefits in the future (for example, to shelter the teenager after committing a crime, to help in the sale of stolen property, to get him a job or study, to assist in the treatment of his relatives and friends) , with deception - informing a minor of knowingly false information that is important to him (for example, that the alleged act is not a crime, that, given his age, he is not subject to responsibility, that his participation in the commission of a crime was approved by his parents or other authoritative person) , with threats - intimidation of a minor by causing harm to his rights and interests (for example, expulsion from school, depriving his family of housing, destroying property), blackmailing him with the disclosure of compromising information. Another way of involving a minor in committing a crime can be persuasion, flattery, bribery, arousing in him feelings of revenge, envy or other base motives, giving advice about the place and method of committing crimes, and hiding his traces. The crime is completed from the moment the minor is involved in the commission of the crime, that is, regardless of whether he agreed with the proposal of the culprit or began to participate in the commission of the crime.
Under Article 150 of the Criminal Code of the Russian Federation, a person who has reached eighteen years of age (under the first part) and teachers or other persons who are charged by law with the responsibility for raising a minor (adoptive parents, guardians, trustees, adoptive parents) (under the second part) are brought to criminal liability under Article 150 of the Criminal Code of the Russian Federation.
Part three of Article 150 of the Criminal Code of the Russian Federation provides for liability for involving a minor in the commission of a crime with the use of violence, which can be expressed in beatings, causing minor and moderate harm to health, rape, violent acts of a sexual nature, or with the threat of violence, which includes threat of beatings, bodily harm of any severity, murder, rape, or committing violent acts of a sexual nature.
Responsibility under part four of Article 150 of the Criminal Code of the Russian Federation arises for the involvement of a minor in a criminal group that is created for the joint commission of one or more crimes, or in the commission of a grave or especially grave crime - an intentional act for which a punishment of more than five years of imprisonment is established. .

Article 151 of the Criminal Code of the Russian Federation.

Involving a minor in committing antisocial acts:
1. Involving a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances, in vagrancy or begging, committed by a person who has reached the age of eighteen, is punishable by compulsory labor for a term of up to 480 hours, or correctional labor for a term of one year to two years, or arrest for a term of three to six months, or imprisonment for a term of up to four years.
2. The same act committed by a parent, teacher or other person charged with the responsibility of raising a minor by law is punishable by restriction of freedom for a term of 2 to 4 years, or by arrest for a term of four to six months, or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, are punishable by imprisonment for a term of 2 to 6 years, with or without restriction of freedom for a term of up to 2 years. .
Note. This article does not apply to cases of involving a minor in vagrancy if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Involvement of a minor in an offense means:
active actions that arouse his desire to engage in antisocial behavior, namely: systematic use (drinking) of alcohol, alcohol-containing products, intoxicants, vagrancy or begging. Systematic use (drinking) of alcohol, alcohol-containing products or intoxicating substances involves repeated (at least three times) use by a minor under the influence of an adult. Vagrancy is the wandering of a person for a long time from one area to another or within one area without a permanent place of residence. Begging is understood as systematically asking strangers for money, food, clothing or other material assets. The crime is considered completed from the moment the actions aimed at involving the minor in antisocial behavior are committed, regardless of whether it was actually possible to persuade the minor to these forms of antisocial behavior.
Under Article 151 of the Criminal Code of the Russian Federation, a person who has reached eighteen years of age (under the first part) and teaching staff or other persons who are charged by law with the responsibility for raising a minor (adoptive parents, guardians, trustees, foster parents) (under the second part) are brought to criminal liability under Article 151 of the Criminal Code of the Russian Federation. .
The note to Article 151 of the Criminal Code of the Russian Federation establishes that this article does not apply to cases of involving a minor in vagrancy, if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Part three of Article 151 of the Criminal Code of the Russian Federation provides for liability for involving a minor in committing antisocial actions using violence or threatening to use violence.

“Parents’ responsibility for raising children.

Legal aspects related to the responsibility of parents for raising children"

Family - the child's natural habitat. This is where the prerequisites for the development of a physically and spiritually healthy person are laid. In addition, a family for a child is also a kind of refuge that ensures his survival. That is why one of the basic rights of a child is his right to live and be raised in a family. Therefore, the most important issue in the development of a child’s personality is the role of parents in his upbringing.

The Convention on the Rights of the Child states that parents bear primary responsibility for the upbringing and development of the child, whose best interests should be the primary concern of the parents.

In the Russian Federation, paragraph 2 of Art. 38 of the Constitution establishes that caring for children and their upbringing is an equal right and responsibility of parents.

Art. 61 of the Family Code states that parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

Parental rights are understood as a set of rights and responsibilities that are vested in parents as subjects of parental legal relations (parental legal relations are legal relations between parents and children).

Personal non-property rights of parents include:

• the right to raise and educate children,
• the right to protect the rights and interests of children,
• the right to protection of parental rights.

Family code. Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 61. Equality of rights and responsibilities of parents.

1. Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

Giving parents rights in relation to their minor children means that they are given the opportunity to perform actions and actions that are approved, desirable from the point of view of the state, and aimed at the benefit of the child. The rights of parents give rise to corresponding responsibilities.

2. Parental rights provided for in this chapter terminate when children reach the age of eighteen (the age of majority), as well as when minor children marry.

Article 63. Rights and responsibilities of parents regarding the upbringing and education of children.

1. Parents have the right and obliged raise your children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a priority right to raise their children over all other persons.

The right to raise a child is a personal inalienable right of every parent. This right can be lost only in cases provided for by law: when parental rights are deprived and a child is adopted (see Articles 69, 70 and 140 of the Family Code and the commentary thereto). The right to education is to provide parents with the opportunity to personally raise their children. At the same time, parents are free to choose ways and methods of upbringing that are consistent with the developing abilities of the child (Clause 2, Article 14 of the UN Convention on the Rights of the Child).

The right of parents to raise children is ensured by the fulfillment by parents of the duties of raising them. These responsibilities include caring for the health, physical, mental and moral development of the child. These, in the most general form, are the most important responsibilities of parents, which constitute, as it were, two groups. One is directly related to the physical development of the child, which largely depends on his nutrition, habitat, etc. The second concerns the mental, spiritual, moral development of a minor and presupposes the existence of more complex in nature means and methods of forming a child as a person. Currently, the role of parents in fulfilling responsibilities of this kind is becoming more and more obvious. It is on this that the child’s spiritual world, his readiness for interpersonal communication, the desire for knowledge, and the ability to control his mind and feelings largely depend. Fulfilling parental responsibilities not only contributes to the exercise of parental rights, but also serves as an example of desired, approved behavior - its model.

Persons with parental rights are responsible for the upbringing and development of their children. This responsibility is common and binding for both parents, wherever they are, and determines the special importance of parental responsibility in ensuring the rights and interests of their children. At the same time, there is an impact on the formation of a sense of responsibility for the child and his upbringing, the completeness of which largely determines the quality of family upbringing.

It is assumed that there is responsibility, both of a moral nature and as provided for in various branches of legislation (administrative, civil, family, criminal, etc.). In the first case, responsibility entails moral condemnation, in the second - additional burden or even punishment in the manner prescribed by law. Additional burden refers to consequences unfavorable for the violator of rights that go beyond the scope of forced performance of duties. A typical liability for improper family upbringing of children is deprivation of parental rights (commentary to Article 69 of the Family Code).

2. Parents are obliged to ensure that their children receive basic general education.

Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until their children receive basic general education.

The Law of the Russian Federation “On Education” considers education as a purposeful process of education and training in the interests of the individual, society, and state. This process is ensured not only by the state, but also by parents. According to paragraph 4 of Art. 43 of the Constitution of the Russian Federation, parents or persons replacing them ensure that their children receive basic general education, i.e.education in the amount of 9 classessecondary school. In everyday life, this responsibility of parents is to ensure that their child learns. He can combine his studies with work, creative, entrepreneurial, commercial activities, but whatever the family situation, the level of financial security of the family, the health status of the parents,the child must receive the necessary education. Avoidance of this duty serves as grounds for deprivation of parental rights and removal of a guardian (trustee).

It also depends on parents what additional education their children will receive and where. Parents exercise their right to choose taking into account the child’s opinion. It doesn’t matter how old he is. For young children, attachment to friends with whom he would like to study, his abilities, and inclinations may be important. Older children act consciously and realistically, basing their choices on their future professional orientation. The choice by a parent and his child of the type of educational institution and form of education is influenced by the state of the child’s health, the degree of financial security of the family, family traditions, the profession of the parents, etc. In any case, taking into account the child’s opinion means treating him with respect. However, parents have the right not to take into account the point of view of a minor if it contradicts his interests or cannot be realized for objective reasons.

Article 64. Rights and responsibilities of parents to protect the rights and interests of children.

1. Protection of the rights and interests of children rests with their parents.

Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.

The important rights and responsibilities of both parents include their protection of the rights and interests of their child. By giving parents the opportunity to protect the child, assigning this kind of responsibility to them, the state, firstly, seeks to prevent the minor from being insecure, and secondly, it emphasizes that we are talking about a civic duty, first of all, of parents. Protection by parents of the rights and interests of the child is carried out in accordance with Art. 8 SK (see commentary to this article). The subject of protection is all the rights of children listed in Art. Art. 54 - 58, 60 SK. The scope of protection also includes housing, inheritance and other rights of the child, including his rights as a member of society (to protect life and health, social security, protection of honor and dignity, etc.). Methods of protection depend on the specifics of the child’s rights, the nature of the offense, the age of the minor, etc. Parents fully protect the rights and interests of a child who is under 14 years of age. And they help older teenagers protect themselves. If there is no consensus on which parent and how to protect their child, the disagreements that arise can be resolved at the request of the parents by the guardianship and trusteeship authorities.

Direct reference to parents as holders of rights and responsibilities to protect the rights and interests of the child means that they are his legal representatives without special authority. If necessary, they only need to present their child’s birth certificate. Parents, being his legal representatives, can deal with any individuals and legal entities, including local government bodies, internal affairs bodies, courts and the prosecutor's office. Moreover, it is not at all necessary to wait for a violation of the rights or interests of the child. Parents can take actions aimed at preventing a possible crime.

2. Parents do not have the right to represent the interests of their children if the guardianship and trusteeship authority establishes that there are contradictions between the interests of parents and children. In case of disagreements between parents and children, the guardianship and trusteeship authority is obliged to appoint a representative to protect the rights and interests of the children.

Conflicts between the interests of parents and children of any age are not exceptional events. They can arise for various reasons and relate to both personal and property spheres of relations. In this case, parents may be guided only by their own selfish considerations, or may be deeply mistaken regarding the correct understanding of their child’s needs. But no matter what causes these contradictions, in such cases a situation arises when a parent cannot be trusted to act as a representative of the interests of their children.

Article 65. Exercise of parental rights

1. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.

When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

This refers to the impossibility of exercising parental rights in conflict with the interests of children. This determines the permissible limits of actions and actions related to family upbringing. This is a guideline that must be adhered to both in everyday life and when resolving disagreements and disputes regarding raising a child. For parents, the main thing is to ensure the interests of their child, and not their own.

Additionally, there are more specific guidelines as to what parents should do not entitled . They cannot, firstly, cause harm to the physical and mental health of children, their moral development, and secondly, allow criminal treatment of a child, his insult, exploitation in their family pedagogy. In the first case, the attention is focused on the unacceptable end result of the parents' behavior as educators. In the second, actions of parents of varying degrees of danger to the child are categorically prohibited - from neglect of his reasonable requests and needs, rough treatment of him to methods of education that are cruel in nature; from humiliation of the child as an individual, insulting him by word and action to exploitation of the child, which should be understood as the use of the help and labor of a child, regardless of age, that goes beyond the scope of family pedagogy. Any deviation from these rules is fraught with deprivation of parental rights, cancellation of adoption, removal of the guardian (trustee), and early termination of the agreement on the transfer of the child to be raised in a family.

Parents are responsible for exercising their rights and responsibilities to the detriment of the rights and interests of the child. This means not only abuse of parental rights, but also other actions and actions of parents that cause or may harm the rights and interests of the child as an individual. The same can be said in relation to the property rights of a child. We are talking about liability provided by law. This may be administrative - legal responsibility - Art. 5.35, 6.10, 20.22 Code of Administrative Offenses of the Russian Federation, civil law - Art. Art. 1073, 1074 Civil Code of the Russian Federation, family law - Art. 69 IC RF, criminal - Art. 156, 157 of the Criminal Code of the Russian Federation, etc. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.

2. All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

The process of family education of children includes the solution of many issues, mainly of a pedagogical nature. They are decided either by both parents, or by one of them with the approval or tacit consent of the other. In this case, it is assumed that both parents observe the interests of their child, taking into account the opinions of the children. It goes without saying that taking into account children’s opinions should be appropriate from a pedagogical point of view.

3. The place of residence of children in the event of separation of parents is established by agreement of the parents.

In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).

Code of the Russian Federation on Administrative Offenses

Article 6.10(2)

1. Involving a minor in the use of alcoholic and alcohol-containing products or “intoxicating substances” -shall entail the imposition of an administrative fine in the amount of one to three hundred thousand rubles.

2. The same actions committed by parents or other legal representatives of minors, as well as by persons entrusted with the responsibility for teaching and raising minors, -shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles.

Article 20.22.

The appearance of minors in a state of intoxication, as well as their drinking of alcohol and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places

The appearance of minors under the age of sixteen in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, and public gardens , parks, in a public vehicle, in other public places -

shall entail the imposition of an administrative fine on parents or other legal representatives of minors in the amount of one thousand five hundred rubles to two thousand rubles.

Moreover, to determine an offense, it is sufficient for a minor to appear intoxicated in a public place and consume any alcohol-containing product, regardless of the alcohol it contains.

Minors over the age of sixteen whoappeared on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public moralitybear administrative responsibility under Art. 20.21 Code of Administrative Offenses independently,this offenseshall entail the imposition of an administrative fine in the amount of five hundred to one thousand five hundred rubles or administrative arrest for a term of up to fifteen days.

Article 5.35.

1. Failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, upbringing, training, protection of the rights and interests of minors -entails a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles.

2. Violation by parents or other legal representatives of minors of the rights and interests of minors, expressed in the deprivation of their right to communicate with parents or close relatives, if such communication does not contradict the interests of the children, in the deliberate concealment of the location of children against their will, in the failure to comply with a court decision on determination of the place of residence of children, including a court decision to determine the place of residence of children for the period before the entry into force of a court decision to determine their place of residence, in the failure to comply with a court decision on the procedure for the exercise of parental rights or on the procedure for the exercise of parental rights for the period before entry into force the legal force of a court decision or otherwise preventing parents from exercising their rights to raise and educate children and to protect their rights and interests, -shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

3. Repeated commission of an administrative offense provided for in Part 2 of this article -shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to five days.

Parents may wonder what they should do if the child does not give in to their positive influence and ignores their demands. In this case, I would like to draw attention to the fact that with regard to the responsibilities of a child in the family, they are determined only by moral norms, since it is impossible to force him to fulfill them with the help of the law, and depend only on his upbringing.

Undoubtedly, when conducting conversations and lectures with teenagers, their attention is drawn to making them more meaningful about their own behavior, since by their actions they first of all let down their own parents. Therefore, the topics of administrative and criminal responsibility of minors are presented through the prism of intra-family and intra-school relationships.

But the main factor in upbringing has been and remains the constant influence of parents on the formation of the child’s personality from the moment of his birth. If at some point in a child’s life the educational influence on him was lost or weakened, then the parents themselves will have to reap the benefits first of all. And this will happen both morally and legally.

And finally, I would like to advise you all - be friends with your children, take an interest in their problems and concerns, and then they will definitely please you with their good deeds and deeds.

If harm is caused to life or property, the culprit must be held accountable for what he has done in full. But this rule applies only to capable citizens after 14 years of age.

Therefore, if harm is caused by persons under 14 years of age, then for them responsibility for minor children will be borne by their parents, guardians or other legal representatives.

Responsibility of parents for harm caused by children

Full responsibility for harm caused by children under 14 years of age (that is, minors) rests with their parents or adoptive parents. However, parents can also be released from responsibility for minor children if they prove their innocence.

For orphans and children who find themselves without parental care, the responsibility lies with the organization that supervises the children. If a child commits harm while he was temporarily under the supervision of a medical or educational organization, then the management of such a structure will be responsible for him, unless he proves the absence of guilt. Such supervisory organizations include:

• Medical institutions (sanatoriums, hospitals).
• Educational institutions (school, kindergarten, gymnasium, lyceum).
• Organizations supervising young children.
• Persons who are involved in raising children on the basis of an agreement (tutor, nanny).

Important: all these persons will be held responsible for minor children unless they prove that the harm caused by the child was not their fault.

Despite the fact that responsibility for the actions of a child may fall on both the parents and the organizations in which the minor is temporarily staying, the scope of such responsibility will be different.

Even if it is established that a child committed harm to another person while under the supervision of, for example, teachers at school, the parents of a minor daughter or son may also be held accountable for their minor children as co-defendants.

If the court finds that both the educational organization and the parents of the child under 14 years of age are guilty of causing harm to the child, then the harm is subject to compensation through shared liability, depending on the degree of guilt of each of the defendants.

Let us note that there is no release from the obligation even if the child has already reached 18 years of age or has property sufficient to cover the damage. However, in this case, there is one exception - if the parents of the child who caused the harm died or they do not have the opportunity to pay compensation for damage to life or health, then the responsibility for compensation for harm can be transferred to the child who has become fully capable and has income.

That is, taking into account the financial situation, the court may decide that the guilty person can pay compensation for damage partially or fully at his own expense.

Parents' responsibility for children's actions

The onset of parental responsibility is possible only if they are guilty. The following parental behavior is considered guilty:

• Ignoring your responsibilities for raising a child.
• Irresponsible attitude towards one's parental rights in raising children.
• Abuse of your rights in relation to a child.
• Immoral behavior of parents.
• Unacceptable parenting methods.
• Psychological and physical violence against children.

However, no matter how the guilt of parents or adoptive parents is expressed, they must bear responsibility for minor children if there is a cause-and-effect relationship between failure to fulfill parental responsibilities and the illegal behavior of children in causing harm to other citizens.

For example, this may include the following situations: parents encourage children's hooligan actions, do not control children, or generally do not pay attention to children and their actions.

Both parents must bear responsibility for the actions of their children. A parent who lives separately from his son or daughter is not released from his responsibilities. But if he proves that his child caused harm to another person through the fault of the parent who lives with the son or daughter and he did not have the opportunity to take part in raising the child, then he may be released from liability.

The court can assign responsibility for a child even if he is within 3 years of deprivation of rights.

At the same time, the connection between the child’s unlawful behavior and the failure to exercise parental rights must also be proven.

The fault of organizations (hospitals, schools, lyceums) and persons who had an obligation to look after the child (frequent teachers, nannies, governesses) lies only in the fact that they did not carry out the necessary supervision of the children at the moment when the harm was caused.

For example, the school will be at fault if, while classes are in progress and the child must be present in class, a student commits arson. However, the organization will not be responsible for:

• Not carrying out educational work or for its low level.
• For failure to properly supervise children.

Both parents and organizations that supervise children may be held liable for harm caused by a minor child. Their level of liability will depend on the degree of guilt of each of them separately (the so-called shared liability).

The rule on shared liability will not apply if the harm was caused by minors who have different parents or these children are under the guardianship of different citizens (organizations). In this case, joint and several liability does not apply. Each of them will be responsible only for the unlawful actions of their child.

Responsibility of persons aged 14 to 18 years

Unlike children under 14 years of age, for whom parents bear full responsibility, after turning 14 years old, a citizen must independently be responsible for all his actions. This means that from the age of 14, a child, without any concessions, is responsible for causing harm to the health or property of others.

Important: a child from 14 to 18 years of age may be exempt from paying compensation for damage if he does not have income or property sufficient to cover the damage. Then the parents will have to compensate for the damage, or they will have to prove that the damage was caused by their child without their fault.

There will be no obligation for parents to compensate for damages for their children from 14 to 18 years old if:

• A child who has committed unlawful acts acquired legal capacity before reaching 18 years of age. This is possible on the basis of Article 21 of the Civil Code of the Russian Federation when a minor gets married or if he has been working since the age of 16 under an employment contract or is engaged in entrepreneurial activities. In case of obtaining full legal capacity, the child himself must bear responsibility for his actions, enter into transactions on his own, sell/buy property, etc.
• Reaching adulthood. No additional clarification is required here; every person becomes automatically legally competent from the age of 18.

If the children do not have any income or property, then the parent who lives separately is also responsible for it. However, such a parent has the right to challenge his responsibility for the child if, due to the fault of the second parent, he did not have the opportunity to raise and communicate with the child or he could not communicate with the child for other reasons (for example, due to a serious and prolonged illness ).

Recourse claim for harm caused by children

It is important to note that parents who have compensated for damages for their children do not have the authority to later demand compensation from their children for this (that is, they have no right of recourse). Such a requirement does not arise for parents even after the child turns 18 years old. Other persons who have compensated for damages for the child - guardians, representatives of educational institutions - do not acquire the right of recourse.

As for moral damage, the victim can also demand compensation for moral compensation from the parents of a minor (under 14 years old). However, if the harm was committed by a citizen from 14 to 18 years old, then he must do so at his own expense.

The obligation to compensate the injured citizen for moral damage arises from parents or guardians only if the child does not have enough income or does not have property whose value can cover the debt.