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 large quantity pedagogical aspects that are decided by both parents jointly or by one parent 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 of which can be considered the International Convention on the Rights of the Child, the Family Code Russian Federation, 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 the age of 14. 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 if it does not prove 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 rules by teenagers traffic. For all this, the responsibility of parents is provided if their offspring is under 14 years old at the time of the commission of the offense, and the full or partial independent responsibility of the teenager, 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 in public places while drunk – from 50% to 100% of the minimum wage. In especially serious cases that involve several offenses, a fine of 3 to 5 may be applied. minimum sizes wages or arrest for up to 15 days.

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.

The legislation currently in force in the Russian Federation protects the interests of minors in various ways. Moreover, in some cases, parents bear criminal responsibility for misfortunes that happen to their child. This moment It is imperative to take into account and avoid the emergence of such precedents.

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General provisions

Today, current legislation stipulates criminal liability of parents for minor children.

Involving a person under the age of 18 in the constant use of intoxicating substances (drugs/alcohol/other) implies the following punishment depending on the specific circumstances:

If the above actions were performed by a parent/adoptive parent/guardian or another person representing the interests of raising a minor.

The court may impose the following punishment:

If the acts indicated in the first paragraph were committed with the use of violence, then the punishment for them will be much more serious:

Directly in the Criminal Code of the Russian Federation there is an important commentary on this article - if a child was involved in vagrancy due to a combination of certain life circumstances, criminal punishment is not applied.

But this requires confirmation of the loss of a source of income or permanent residence. As in all other cases, each case is considered individually.

Into prostitution

There is a separate article related to prostitution -. According to this legal act, such an act on the part of a citizen of the Russian Federation is punishable as follows.

Involvement/coercion into prostitution:

If the above acts were committed with the use of physical violence or threats, as well as by a group of people, or this act is associated with movement across the border of the Russian Federation.

The penalties will be as follows:

When a minor is involved in this type of activity:

It should be remembered that the above article can also be subject to additional punishment for pedophilia - if the child’s age is significantly less than 18 years.

In such cases, the judge may increase the punishment for the type of act in question.

Video: minor children abandoned their mother

Main nuances

It is important to remember that cases of the type in question involve very large quantity a variety of nuances.

The most important ones include the following:

What is regulated

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 their health, physical, mental and spiritual development their children, ensure that children receive 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. Absence from parents necessary funds or employment at work does not relieve them of responsibility for failure to fulfill obligations to raise and support 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, 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 discovered. Parents are subject to liability under this article, 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 guardianship and trusteeship authorities, if the minor does not have guardians and trustees and is not placed in childcare facility).
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 connected with ill-treatment with 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 corrective labor for a term of up to 2 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 period 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 term 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 kid;
- 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 abuse over children, presenting clearly excessive demands on the child, demonstrating dislike and 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 related to failure to fulfill responsibilities for teaching and upbringing, causing harm to the mental and physical health a child who causes 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.

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).

2. Parental rights provided for by this chapter are terminated when children reach the age of eighteen years (the age of majority), as well as when minor children marry and in other cases established by law when children acquire full legal capacity before they reach adulthood.

Article 62. Rights of minor parents

1. Minor parents have the right to live together with the child and participate in his upbringing.

2. Unmarried minor parents, in the event of the birth of a child and when their maternity and (or) paternity are established, have the right to independently exercise parental rights upon reaching the age of sixteen years. Until the minor parents reach the age of sixteen, the child may be appointed a guardian who will raise him or her together with the child’s minor parents. Disagreements arising between the child's guardian and minor parents are resolved by the guardianship and trusteeship authority.

3. Minor parents have the right to recognize and challenge their paternity and maternity on a general basis, and also have the right to claim in court for their children upon reaching the age of fourteen.

Parents (one of them) may be deprived of parental rights if they:

• evade the duties of parents, including malicious evasion of payment;
• refuse, without good reason, to take their child from the maternity hospital (ward) or from another medical institution, educational institution, institution social protection the public or from other similar institutions;
• abuse their parental rights;
• children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
• are patients with chronic alcoholism or drug addiction;
• committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered upon the application of one of the parents (persons replacing them), the prosecutor, as well as upon applications from bodies or institutions charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, institutions for orphans and children left without parental care, and others).

2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.

4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.

5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.

2. Deprivation of parental rights does not relieve parents from the obligation to support their child.

3. The issue of further cohabitation of a child and parents (one of them), deprived of parental rights, is decided by the court in the manner established by housing legislation.

4. A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

5. If it is impossible to transfer the child to another parent or in the event of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and trusteeship authority.