A child who is under the age of 18 (majority) is recognized as a child. Chapter 11, Art. 54 of the Family Code of the Russian Federation

Legal status confirms the position of man in the world. With growing up, everyone gets new rights, responsibilities, responsibility. They are not only in adults, but also in children. Although the age of majority is 18 years, yet before that the guys have their rights.

All rights and obligations of the child are fixed in the Family Code of the Russian Federation. The Convention on the Rights of the Child is also in force, an international document consisting of 54 articles. On their basis, life, upbringing and development of children are regulated.

Life and upbringing

In Art. 54 SC of the Russian Federation confirmed the child's right to life and upbringing in the family. Therefore, the state supports children without parents. A child who is under the age of eighteen is recognized as a child.

Children can know their parents, get their care, live with them. An exception may be the existence of a conflict of interest. Children should be brought up by parents. They have the right to ensure their interests, development, respect.

If there are no parents, then the children of the guardianship and guardianship organization are brought up according to the rules established by Chapter 18 of the Criminal Code of the Russian Federation. Such norms are indicated in Art. 54.

Communication with parents and other relatives

Children can communicate with parents and other relatives. This is established art. 55. Even the dissolution of the marriage of parents, the individual residence should not infringe upon this right. This rule also applies in case of residence in different countries. A child who has been affected by an extreme situation can treat his parents and other relatives.

Protection

A child is recognized as a person who has not reached the age of eighteen, who has the right to protect interests. This is provided by parents or substitute persons, as well as guardianship authorities, the prosecutor, the court. A minor who became legally capable before the age of 18 can independently exercise rights and duties, including protection.

Children have the right to protection from inappropriate behavior of parents. If the interests of the child are violated, including non-fulfillment of parental responsibilities, a minor may apply to the guardianship authority. In the performance of 14 years there is the possibility of protecting interests in court.

If any person is aware of the threat to the child, then it should be notified about this in the organization of guardianship and guardianship at the place of residence. When such information is received, measures will be taken to protect the interests of the minor. The norm is indicated in art. 56.

Opinion

Rights, interests of minor children concern different aspects of life. The child has the right to express personal opinion (Article 57). Sometimes children under the age of 18 are invited to the court to hear at a meeting. The opinion of a child who is 10 years old is taken into account. Exceptions are cases where this is contrary to his interests. Some decisions of the guardianship authorities are made on the basis of the child's consent for 10 years.

First name, middle name, surname

A child is recognized as a person who has not reached the age of eighteen, who has the right to a name, patronymic, surname (Article 58). The name is set by the parents, the patronymic is determined by the father's name. The surname is assigned to the parent. If the father and mother are different, then it is established by agreement.

If there is no agreement between the parents about the child's name, the disputes are resolved by the guardianship authorities. In the absence of paternity, the name is given to the children by the mother.

Change of name, surname

The child is a person who has not reached the age of eighteen, who has the right to change his name and surname (Article 59). This norm is available for 14 years. The procedure is implemented with the parents' joint appeal to the guardianship organization. The desired name is chosen, and the surname is changed to the surname of the second parent.

If the mother and father live separately, and the parent with whom the child is staying wants to give their name, the guardianship authority grants this opportunity depending on the child's interests. The second parent's opinion is not necessary.

If children are born out of wedlock, and paternity is not established, it is possible to permit the change of the surname to the mother's surname. Change the name or the name of a child older than 10 years will only come with his consent.

Property rights

Children under 18 have proprietary rights (Article 60). They can receive content from parents and other relatives. Funds intended for a minor may be in the form of alimony, pensions, allowances. They are ordered by their parents, spending on upkeep, upbringing, education. Alimony can be transferred from the payer's income in the amount of not more than 50%.

A child can receive income, property as a gift, inheritance, or through a sale transaction. The order is valid under articles 26 and 28 of the Civil Code of the Russian Federation. But the child does not have the right to own the property of the parents, just as the latter can not dispose of the property of the children. Use is permitted by agreement.

Legal representative

In the Civil Code of the Russian Federation there is no definition of this concept, and it is infrequent in the Criminal Code of the Russian Federation. But it is used everywhere to protect the rights of children. In the Criminal Code of the Russian Federation it is said that parents are considered legal representatives of their child. They should protect their interests (Article 64). If there is disagreement between them, the representative of the minor is determined by the guardianship authority. A birth certificate is a confirmation of a legal representation.

In some situations, the child needs guardianship, for example, with the deprivation of parental rights. Then the appointed representative will be the defender of rights in different organizations. Sometimes children are under the guardianship of guardianship authorities, when the decision of the child's later life is necessary.

Legal status

In addition to the fact that a child who is under the age of eighteen years is recognized as a child, he has his status. This is established by law:

1. Under 6 years of age - incapacity.
2. 6-14 years - ability to act is limited.
3. 14-18 years - partial capacity.
4. From the age of majority it is legal capacity.

Full and partial legal capacity is compensated by parents or guardians. They have a duty to take care of the physical and material condition of children. In the period of 6-14 years, simple transactions are available, in which you do not need to sign legal papers. The permitted actions are specified in Article 28 of the Civil Code of the Russian Federation.

Since the age of 14, the rights of children have expanded, they have partial capacity, so they can:

• Dispose of the money earned;
• Consolidate the rights to intellectual property;
• Make deposits in banks;
• Take part in transactions with real estate.

The law says the possibility of the onset of legal capacity from the age of 16. Under Article 21 of the Civil Code of the Russian Federation, this happens for the following reasons:

• marriage;
• Work on an employment contract;
• Opening own business.

Full legal capacity, or emancipation, comes on the basis of the decision of the body of trusteeship or court.

With whom should the child be?

A minor under 14 must live with his parents or guardians. And in the absence of legal representatives - in the institutions of the guardianship authority. Perhaps a separate residence during treatment or stay in an educational institution. Often parents live separately. Then it is necessary to solve peacefully the issue of the residence of a minor.

If this is not the case, you need to contact the courts. According to Art. 65 SK of the Russian Federation, the opinion of the child is taken into account. If he is 14 years old, then he has the right to determine the place of residence with the permission of the parents. But the Civil Code of the Russian Federation does not include such an opportunity, and the Civil Code of the Russian Federation allows separate residence after 16 years.

With divorce

When the marriage is dissolved, the spouses must decide on the issue of living and providing for the children. In practice, there are cases of joint custody, when the child takes turns living with his mother and father. The issue of accommodation can be resolved peacefully and in court.

Voluntary law is enshrined in Article 65 of the Criminal Code of the Russian Federation. Otherwise, you have to go to court. After acquaintance with all the circumstances, the court takes a decision on the child's residence during the divorce. The court takes into account the interests of children, and the rights of parents in this situation are the same.

The Court shall take into account:

• Personal qualities of parents;
• schedule;
• Prosperity;
• marital status;
• relations;
• Presence of brothers, sisters;
• health;
• location;
• The opinion of the child, if it is 10 years old.

The court chooses accommodation where the child will be provided with the most favorable conditions. Each case is individual, since many factors influence the decision.

By agreement

Voluntary agreement is less traumatic for the child's mental state. This right is fixed in Art. 23, 24 of the Criminal Code of the Russian Federation. The agreement establishes not only accommodation, but also the order of expenses for provision.

In order for the documents to be legal, both parents sign it, and then they certify at the notary. Need 3 copies. The court receives a copy of the agreement.

In the absence of parents

When children refuse in situations of absence of parents, the responsibility for them is borne by the state. The procedure for registration of care is established by chapters 18-22 of the Criminal Code of the Russian Federation. The children of this category should be identified by the guardianship authorities, whatever reason the parents are absent.

Then it is possible:

• Registration of guardianship, for example, by a close relative;
• Adoption;
• Foster family;
• Temporary residence in the institution.

More advantages are given to adoption. It is this form of acquiring a family that is considered the most favorable for children. Then the rights of the child should be protected by his new parents.