In the current legislation there are many concepts. Among them - "young child” and “minor”. These terms are similar in meaning but have differences. Up to what age a young child has a similar status? Under Russian law up to 14 years and from 14 to 18 years of age-minors. It turns out that from 6 to 14 years-underage.
These categories of citizens have rights and responsibilities protected by law. They can use health services, to education, to develop, to relax. Under 18 years the responsibility for their actions lies with the parents. Only after age citizen is responsible for their actions, and ensures rights.
The Term “child” exists in the legislation. They are considered to be a person under 18 years. It turns out that the man from birth and up to this period is a child. He is endowed with rights and obligations depending on their status. But in some cases the citizen is not considered a child until 18 years of age.
If emancipation is included in the Civil code, 16 years is considered capable, if he is employed under an employment contract with the consent of parents. Also the exception to this is marriage before 18 years of age. The legal capacity of minors enshrined in article 28 of the civil code.
Juveniles and children – children under 18 years of age. These categories of citizens has their rights. The concept of “young” suggests age from birth to 14 years. His rights and responsibilities are included in different legislative documents. A minor is a child from 14 to 18 years.
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These categories of persons may vary their rights and obligations. To 14 years, the child declared incompetent, and therefore the sole responsibility of the parents. After this age there is partial capacity, so you can make small trades, but with 18 comes absolute capacity.
The Family code of the Russian Federation includes all of the rights of young children, which must be followed. Main issue here is the need for all children in the family. The child has the right to education of the parents, protecting the interests, growth, respect. If mom and dad are not, then the legal representative of a minor child performs their function. This can be a guardian, guardianship authority.
There is a right of the child to communicate with parents. Nobody can forbid him to see his relatives. This also applies to cases of divorce. The child is protected from abuse of relatives.
Important is the right to a name, a patronymic, a surname. To change these details up to 14 years old only with parental consent. If the minor 10 years, that such information is changed only with his consent. He can Express his opinion in the matter that concerns it, therefore, invited to the hearing by the court.
When there is a violation of the interests of the child, he may apply to the guardianship and 14 years-in court. This also applies to cases of non-performance by parents of duties, abuse of rights, improper performance of education. Do minors have the right to be protected from information that could harm the health or moral development.
There are separate rights with respect to employment of the child. To 14 years you can not work, and after that age only partially, but if desired and with parental consent. At the same time prohibited work on weekends, at night. The work should be able to do.
Up To what age a minor child is entitled to support from parents? Mother and father should provide for him financially until 18 years. Upon divorce to pay alimony, and after the death of at least one of the parents – pension. Also used benefits, and any income is spent on all the child's needs.
The Court, based on the requirement of the parent who pays child support, you may decide on the transfer of funds not more than half the amount of alimony on account of the child. He may receive income, property as a gift or by inheritance. The child has no right of ownership to the property of parents, as enjoys them in the agreement.
This is provided by the Constitution and Federal documents. The right to education is one of the main, so children are accepted in educational institutions. It is important to respect all interests:
Up To what age a young child should be educated? Specific time period no, but a mandatory minimum is basic education. The rest is optional. The legal status of children allows to obtain the full secondary educationfree. For the education in preschool will be charged. Vocational secondary and higher education can be both free and paid.
Health minor includes the following benefits:
Up To what age a young child receives medical care with parental consent? This occurs up to 14 years. And from 15 to 18 years children can give consent to the intervention in the health of doctors, as well as to abandon it.
The Child can have a rest in summer improving establishments. Parents acquire the permit yourself, and then request payment of the amount spent. Each entity has its own interest payment. Government subsidies are provided for:
Parents must submit a relevant application to the local authority for payment of such costs. In many cases it is possible to return at least part of the funds.
There is a ban on the stay of the children at night in public places:
Also they are forbidden to appear in places of public catering and trade. They can appear there only with parents or other older persons. Night time with 22 hours and ends in 6 am. In each subject, the time spent can vary depending on the season and the danger of the region.
About the capacity of minors stated in article 28 of the civil code. This term assumes independent action in concluding the deals. If not yet 14 years old, that such things are done with adults. From 6 to 14 years children have the right to perform the following actions:
Among children 14-18 years of age already have some civil independence. They can dispose of personal income: salary, stipend and do not need parental consent. The same applies to the opening of Bank accounts and deposits, implementation of copyright, to make small transactions.
But still the capacity is not yet full. They may not, without the consent of their parents to marry, and conclude a major transaction, such as purchase of real estate. The responsibility they carry themselves. To 18 years the child is unable to participate in elections and to control traffic or to occupy the position. Such rules fixed in the legislation.
Families with minors have the right to use incentives from the state. This is required for the material improvement of family life. The benefits include:
Social benefits necessary to support families, improve material comfort.
Children must live with their parents, guardians, adoptive parents. If not, then they are in a special childcare institution. The baby can live separately from their guardians when there is a treatment. After 14 years you can choose the location, but with the parents ' permission.
On the separate residence of parents, it is important to agree on the place of residence of the minor. When peaceful means do not work, then it is solved by the judiciary. According to article 65 of the Family code, the opinion of children. The court must take into account the interests of the minor, considering the following factors:
The Court selects the place of residence for the child with the parent who is able to provide normal conditions for life, education and development. The solution of this question by agreement is the most favourable way, so as not to harm a child. It is advisable to certify a document notary. In the absence of parents all the responsibilities borne by the state. It is regulated by the Family code of the Russian Federation. And this is controlled by the authorities.
Man after 18 years of age is recognized, because it can independently control rights, fulfil obligations and take responsibility for their actions. It turns out that it becomes viable.
With 18 years incitizens get the right of driving, marriage, entering the work, to participate in elections. He also has administrative, criminal, civil liability.
At Least the age of majority means the capacity a citizen has more. For example, suffrage is manifested only passive: he may elect but not be elected because the balloting starts from 21 years.
To participate in the presidential elections, it is necessary to wait 35 years. In the end, the total capacity comes later. But it applies only to certain spheres of life, which involved a minority.
Not always defined by age. There are 2 factors in which it occurs earlier:
Though the Family code the marriage age comes with adulthood, yet there are special cases of when to get married can allow 16 years. Capacity comes with formal employment or start their own business.
So the optional capacity is set at 18 years. When you assign this status takes into account the many vital factors. Depending on that, the citizen obtains rights and obligations.
The rights of the child following the guardianship. If there are any violations on the part of parents or others, then staff may contact the court or Prosecutor's office. Exactly what are the interests of the child.
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Alin Trodden - author of the article, editor
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