LawCriminal law

Ability of minors

Civil capacity - the ability to exercise their own actions, and at the same time to acquire various civil rights, create certain duties and, of course, carry them out. When do citizens become capable? Then, when there is emancipation or they reach adulthood, that is, eighteen years of age.

The concept of legal capacity should not be confused with the concept of legal capacity. The matter is that legal capacity is only an opportunity to have rights, but not to acquire them. A person is able to be right from birth.

By emancipation means the procedure for declaring a sixteen-year-old fully capable. The reasons for it are different: marriage, work on an employment contract and so on.

The legal capacity of minors who have not reached the age of 14 years (they are also called juveniles) is not high. Transactions for them can only be made by parents. All this is due to the fact that persons who have not reached the age specified above, yet have not formed psyche and can not really distinguish right actions from wrong.

Of course, no one compares a child of three years to that who is already twelve. It is believed that the first stage of growing up begins with six years. Up to this age, the capacity to act is zero, by its attainment the right to make small (only small) household transactions appears. They should not be connected with the need for notarization, as well as with the receipt of material benefits. They are aimed at meeting everyday standard needs. On the sum they are insignificant.

Young people have the full right to dispose of the funds presented to them by someone. At the same time, control by legal representatives can only be indirect.

Juveniles in fact do not have legal capacity. This means that they are not responsible for their actions. Who is responsible for them? Of course, legitimate representatives.

What happens when you reach the age of 14? From the young they turn into minors. Their ability to do so increases. With the consent of legal representatives, they can make any kind of transaction.

Starting from the age of 14, citizens begin to freely dispose of their own earnings. They can also receive copyrights for any works of art, science, invention, etc. created by them.

The capacity of minors in this case allows them to even become members of cooperatives. In some cases, they may be participants in labor relations. It should be noted that minors can engage in certain specific types of labor activity even from the age of six. It's about circus activities, the film industry and so on.

The capacity of minors in this case is called partial. From the age of 14 they are responsible for the harm done. Of course, in most cases, it is reimbursed by legal representatives, but this is not so important, since the juvenile is still recognized as responsible.

Partial capacity of minors makes them responsible for their actions, which means that they can be convicted under the Criminal Code article. Let us note that for some crimes, criminal responsibility has already come from fourteen years.

Eighteen years is the age at which a person is recognized as fully capable. Mental maturity here does not matter. Can a person be further limited in capacity? Yes maybe. For example, because of a strong mental disorder. It is only the court that can recognize him incompetent.

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