Basic rights of the child in Russia
Ignorance of the law does not exempt you from responsibility, and ignorance of personal rights does not exempt you from violating them. Often the rights of minor children, enshrined in the basic laws of the country, are not respected or are not fully respected.
What general rights does a child have in our country?
A minor child in the Russian Federation is entitled to the following rights:
- life and upbringing in the family;
- protection of interests;
- communication with parents and relatives;
- expressing one's own opinion;
- name and its change;
- education;
- medicine;
- property.
Rights of the child in the family
Families, as structural units of society, are protected by the state. The main provisions are fixed in the Family Code. Regulatory acts regulate family relations and protect the rights of adults and minors.
Basic family rights of a Russian child:
Children have the right to live in a family, to be raised and cared for by their parents (Article 54 of the RF IC of 1995)
Staying in a family is a significant factor in the development of an individual’s personality. A full member of society must have high moral principles. Moral standards must be instilled by parents. The decision to remove a child from the family can be approved by the court if it is in his interests, or if being with his parents threatens life and health.
Placement into care of relatives or another family is possible only with the consent of the parents, if they have parental rights to the child. In case of divorce, children over 14 years of age independently choose which parent to remain with.
The right to freely communicate with relatives and parents
Communication with blood relatives, including grandparents, brothers, sisters, helps to grow in a friendly atmosphere and cultivate family values. It is impossible to protect children from contact with relatives in the event of a quarrel, divorce, or move. If the child’s right to unhindered communication is violated, relatives can file a complaint with the guardianship authorities. If the decision is not enforced, you can go to court.
The child has the right to be protected by his parents
They are the ones who represent interests legally. Parents are obliged to act in the interests of the minor, to defend his rights in court and in everyday situations. Family law is designed to protect children from the dishonest performance of their duties by parents. If a citizen of the Russian Federation notices a violation of the rights of a child, he should contact the guardianship authorities with a complaint. The case will be reviewed by regulatory authorities.
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Social rights of the child
Children are entitled to social security. A child under 18 years of age who becomes an orphan due to the death of their breadwinners or deprivation of parental rights is transferred to another family or an orphanage to be raised. The first case involves maintaining the child at the expense of the trustee or guardian, the second - at the expense of state funding.
Minor children left without parents must be sent to institutions for the prevention of neglect (Federal Law of the Russian Federation “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”, edition 04/24/2020). For preventive purposes, homeless children, vagrancy, drug use, and children who have committed offenses and criminal offenses are subject to forced detention in special institutions for preventive purposes.
According to Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care” (dated December 21, 1996), children without parents are entitled to benefits for education, medical services, and property. Social protection is carried out by government agencies and regional self-government bodies in the field of children's law.
Personal rights of a child
Personal non-property rights of children include:
Opportunity to express your opinion
The child’s wishes are taken into account when resolving issues that directly affect his interests. In judicial or administrative proceedings, the opinion of children who are ten years old is required to be heard. Verdicts against the will of the child can be accepted only in exceptional cases when the child wants something that is contrary to his interests.
Change of full name
The surname is passed on to the child from the parents. If spouses have different surnames, they choose the appropriate option at their own discretion, just like the name. Disagreements on this issue are resolved by the guardianship authority or trustee. Up to the age of 14, parents can change the surname and first name of their children with the permission of a social worker. The procedure cannot be carried out unilaterally, for example, if one parent does not agree. The following circumstances are exceptions:
- lack of parental rights;
- failure to pay child support;
- unknown location;
- inparticipation in the educational process.
From the age of 10, when changing a name, the child’s opinion must be taken into account. The guardianship authority will consider how justified and valid the reasons for the event are. The decision will be made in the interests of the minor citizen.
The change of patronymic is carried out by court decision. A weighty argument is the adoption process. The presence of a living father, whose last name is indicated on the birth certificate, will become an obstacle to a decision in favor of the adoptive person if the father has parental rights.
When a child turns 14 years old, he has the right to independently submit an application for a name change to the registry office. You can change your full name or only part of it. The document will need to explain the reason for this decision. A mandatory requirement is a written, notarized agreement of both parents (in case of a complete family).
If the parents do not agree to change the name, a child over 14 can apply to the court to resolve the issue. The document must be submitted to the registry office. Alternative legal options for a minor to change their name are emancipation (with confirmed employment and recognition of legal capacity) or marriage.
Right to freedom of religion and assembly
A child, like an adult citizen, is endowed with freedom of belief regarding God. Article 28 of the Constitution of the Russian Federation guarantees freedom in terms of choosing religion. By age, the child does not have developed critical thinking and a sufficient amount of knowledge, therefore he is easily influenced by the environment and various manipulations. Parents, educational institutions, and others are prohibited from forcing children to participate in religious gatherings against their will. Thus, the law prevents the exertion of moral and psychological pressure on minor citizens.
Property rights of children
The Civil Code regulates the rights of the child regarding the disposal of personal property (Art.,). From the age of 14, children are allowed to enter into transactions with written permission from a parent or guardian. Personal earnings and scholarships can be used at the discretion of the minor without written certification.
Children under fourteen cannot dispose of property. This right is transferred to their parents or guardians. The exception is small household purchases. The powers of parents in property transactions are regulated by the Civil Code of the Russian Federation (Article 37). The article contains a list of restrictions on the disposal of the property of a minor ward. Without the consent of the guardianship authorities, parents and guardians cannot sell, rent, or donate the child’s property.
Children have the right to use the property of their parents when living together with them by mutual consent (RF IC, Article 60).
Minor members of society are endowed with inheritance rights. A child may receive property by inheritance, will, or as a gift. Also, children are heirs of the second priority, if there are no primary heirs.
Child's rights to child support
The maintenance of the child is entrusted to the parents and other family members. If money for maintenance is not received from one or two parents, the court imposes a forcible penalty. The amount of alimony depends on the official salary and income. One child is entitled to ¼ of the income. The amount of penalties increases proportionally depending on the number of children. It is possible to reduce or increase the amount of alimony by court order.
If a parent receives money irregularly, a fixed monthly amount is established for the child's life. The funds go to the bank account of the parent or guardian with whom the child actually lives. The money received must be spent exclusively on the needs of the little citizen (Article 60 of the Family Code of the Russian Federation).
Rights of the child from birth and by age
The legal status of a child changes as they grow older. The older the little citizen, the more rights to independent actions and decisions he acquires. Let us briefly consider the gradation of children’s rights in the Russian Federation depending on age:
- 1.5 years. The child has the right to attend the nursery.
- 3 years. Children can be sent to kindergarten.
- 6 years. The child receives the right to attend school (the Constitution of the Russian Federation) and make small household purchases (office supplies, groceries). He can enter into transactions to dispose of funds provided by legal representatives, with their consent. Any transactions can also be concluded with the aim of receiving benefits free of charge, which do not require notarized confirmation.
- 8 years. Children can participate in public associations (Federal Law No. 82-FZ “On Public Associations” dated May 19, 1995).
- 10 years. The right to express an opinion appears, which may affect the change of name, place of residence with one of the parents, or adoption.
- 14 years old. At this age, the list of rights increases significantly. Upon turning fourteen years old, a child has the right to change citizenship, cancel adoption, dispose of personal earnings at his own discretion without parental consent, and bear responsibility for transactions made. You can independently dispose of the results of intellectual activity and protect your personal interests in court. You can work part-time after school.
- 15 years. A teenager can get a job and make decisions about medical interventions.
- 16 years. If there is a good reason, you can get married. This will require permission from local authorities. At the age of sixteen, teenagers can become members of cooperatives.
- 18 years. Young people are becoming adults.
