Responsibility of parents for the upbringing of minor children article. Responsibilities of parents in raising children. Until what age are children considered children: opinions and reality

According to the Constitution of the Russian Federation and the Family Code, parents are obliged to equally care for their children until they become fully independent. Parents must educate their child and control his actions.

For many types of crimes or administrative violations, liability begins only at a certain age. Therefore, if a child commits illegal actions, his parents will be held responsible.

In addition, the country provides for parental responsibility for minor children whose upbringing they are not involved in.

What, according to the laws, threatens negligent parents, and at what age do children begin to be fully responsible for their actions?

Until how many years parents are responsible for their children depends on the offense committed. In fact, full legal capacity in the country begins at the age of 18. Until this time, children are considered minors. However, for example, for particularly serious crimes, responsibility comes much earlier.

Parents can only be held responsible for their children in civil proceedings for compensation for damage caused.

If a child kills a person, of course no one will put his parents in prison for this. But they may well be forced to pay monetary compensation to the injured party.

In Art. 1073 and 1074 of the Civil Code of the Russian Federation indicate those persons who are responsible for the actions of minors. In this context, the legislator divides minors into minors - up to 14 years old and minors - from 14 to 18 years old.

The following categories of citizens may be held responsible for minors:

  • Parents;
  • Guardians and trustees;
  • Employees of educational or medical institutions;
  • Employees of organizations for children who are left without parental care;
  • Other organizations that were responsible for supervising the child during the period the child committed the violation.

Parental responsibility for violations and crimes of minors remains for 3 years after deprivation of parental rights.

Persons aged 14 to 18 can pay compensation for harm or damage themselves if they have income at the time. If they have no income, this responsibility passes to the parents.

A special case of termination of responsibility for a person who has not reached the age of majority is emancipation. Emancipation is the process of recognizing a child as an adult before he reaches the age limit established by law.

For example, if a child is married before the age of 18, he is considered an adult.

The Family Code provides for the responsibilities of parents, which they must fulfill. These include, in particular:

  • Personally raising a child;
  • Independent choice of upbringing methods that do not contradict the safety of children and their interests;
  • Providing assistance in psychological and spiritual development child;
  • Creation of necessary living conditions for the child, his material support;
  • Comprehensive education of the child through kindergartens, schools, clubs and sections;
  • Protecting the legal interests of the child in courts or other bodies where the participation of a legal representative is required.

It is believed that parents are obliged by default to fulfill all the duties assigned to them by the code..

If a child behaves inappropriately, violates the law and public order, it is considered that this is a failure of the parents. Consequently, they are obliged to independently answer for the actions of their poorly raised child.

If parents ignore the rules of conduct provided for by the Family Code, then they are not fulfilling their parental responsibilities. There is a strict penalty for this.

Failure to comply with parental responsibilities for raising and caring for a child can lead to limitation or complete deprivation of parental rights.

Control over the actions of parents is carried out by guardianship and trusteeship authorities. They register those families in which the living conditions for children are poor, parents drink or beat children.

At any moment, children can be taken from these families, sent to an orphanage and a new family can be found for them.

The grounds for holding parents accountable are:

  • Abuse of parental rights;
  • Improper performance of parental responsibilities;
  • Intentionally committing actions that caused physical or psychological harm to a child.

In addition to deprivation of parental rights, various penalties may be applied to parents. For malicious evasion of alimony payments, for example, criminal liability is provided.

Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation provides for punishment for non-payment of alimony for more than 2 months. When a violator has several administrative fines under this article, a criminal case is initiated against him.

According to Art. 20 of the Criminal Code of the Russian Federation, criminal liability of adolescents begins as a general rule from the age of 16. However, if a child commits a particularly serious crime, then he can become a legal subject of the crime from the age of 14.

Such particularly serious crimes may include:

As a rule, defendants between the ages of 14 and 16 are subject to medical or other coercive measures as punishment. Children may be placed under parental supervision or placed in a medical facility.

That is why, when passing a sentence in court, the following features of a minor defendant are taken into account:

  • His living conditions;
  • Upbringing;
  • Sanity and ability to be aware of one’s actions;
  • Mental development;
  • Availability of education;
  • Lifestyle;
  • Psychological condition;
  • The presence or absence of diseases.

A forensic medical examination is required to establish the sanity of the child, assess his health and danger to society.

Both interrogation during investigative actions and the child’s participation in court hearings is carried out only in the presence of his legal representatives. These are, as a rule, parents or guardianship authorities if the parents are the injured party in the case.

Most often, those involved in criminal cases are teenagers from disadvantaged families. They grow up and are brought up in conditions where parents are busy with their own affairs and do not control the lives of their children.

For failure to fulfill parental responsibilities, criminal liability is provided under Art. 156 of the Criminal Code of the Russian Federation.

According to Art. 156 of the Criminal Code of the Russian Federation, parents who are negligent in raising their children face the following liability options:

  • Fine up to 100 thousand rubles;
  • Fine in the amount of the convicted person’s income for up to one year;
  • Mandatory work up to 440 hours;
  • Correctional labor for up to 2 years;
  • Forced labor for up to 3 years;
  • Imprisonment for up to 3 years.

In addition, parents are required to compensate the injured party for damages caused by their child's criminal offense. These are, first of all, compensation for damage to property, the cost of treatment and moral damage.

The responsibility of parents for offenses committed by minor children is provided for by the Code of Administrative Offenses of the Russian Federation until the age of 16 years. If at this point the children cannot pay the amount of damage on their own, their parents come to their aid.

Such crimes for which parents will be held responsible include:

  • Breaking the rules traffic;
  • Avoidance of studies;
  • Socially dangerous acts;
  • Petty theft;
  • Hooliganism;
  • Antisocial behavior.

For administrative violations, liability is possible in the form of:

  • Penalty compensation in the amount of half the minimum wage;
  • Making a public apology to the injured party;
  • Self-repair of damage.

In addition, if the court finds in the actions of the parents improper performance of their duties, it may apply administrative penalties against them. In particular, the reasons for this may be the lack of social education and training, and inadequate provision for the child.

According to Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, for improper performance of their duties, parents face a fine of 100 to 500 rubles.

This measure of liability can be applied both when committing an administrative offense by a minor, and as an independent measure of influence on parents.

Cases of administrative offenses in 2020 are authorized to be considered on the basis of Art. 22.1 Code of Administrative Offenses of the Russian Federation of the Commission on Juvenile Affairs.

Violation of traffic rules by a child is a special case of an administrative offense. The subjects of this offense are the parents.

Parents should explain to their children the rules of behavior on the road and monitor their compliance with these rules. An untrained child can create a dangerous situation on the road not only for himself, but also for other road users.

Actions and inactions of parents that can lead to children violating traffic rules include:

  • Purchasing motor vehicles for children under 16 years of age or providing them with their own cars for use;
  • Children's walk preschool age unaccompanied by adults;
  • Parents send their children to the stores across the street unaccompanied;
  • Parents do not supervise their children's use of bicycles;
  • Parents do not lead preschool children by the hand when crossing the road.

For these actions under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of penalties from 100 to 500 rubles.

Parents should be involved in raising their children. Children, due to their age, emotional and physical development, do not know much. Children need to be given the correct information, explained what they can do and what they absolutely cannot do.

Only then can it be possible to avoid cases of crimes and illegal actions by minors, for which parents will have to bear responsibility.

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 14 years of age. 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 traffic rules by teenagers. For all this, parents are held accountable if their offspring is under 14 years old at the time the offense was committed, and the teenager is fully or partially responsible 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.

Parents, taking into account the opinions of their children, are given a choice educational institution, as well as forms of education for the child to receive basic general education. This means that only parents have the right to decide where their child will receive an education (in a public or private educational institution, i.e. in a school, lyceum, gymnasium, college, etc.). It is only necessary that the form of education they choose corresponds to the unified state educational standard. Taking into account the child’s opinion means treating him with respect. However, parents have the right not to take into account the child’s point of view if it contradicts his own interests or cannot be realized for objective reasons.

Until what age are children considered children? Responsibility of children for offenses

Here it is necessary to talk about such a concept as “emancipation”. It represents the opportunity for a 16-year-old citizen to become an adult and bear legal responsibility. To do this, he needs to work or engage in commercial activities with the permission of his legal representatives.

At what age are minors legally required?

In different world communities, the understanding of the age of young children may differ significantly. Thus, adulthood occurs in different states in different ways: somewhere at 19 years old, and somewhere at 21. In the Russian Federation, a child becomes an adult at 18 years old. He is recognized as fully capable and is independently responsible for his actions before the law. Can enjoy all the rights and responsibilities of an adult: buy alcohol and tobacco products and vote in elections, appear on the street at night without adults accompanying him and bear administrative or criminal liability for misconduct, work full time and enter into inheritance rights. It is very important to have comprehensive information about your rights and responsibilities, to be a competent and responsible citizen.

Curfew for teenagers

Any adult who sees a child on the street unaccompanied by parents (persons replacing them) at night must inform the child’s parents (if he knows them) or the police. Police officers must take the child home. If this is not possible and the parents cannot be contacted, the child may be taken to the police station to ensure his safety until his parents are found. Three hours in advance (this is the maximum allowed time for a minor to stay in police custody), a police officer is obliged to establish the teenager’s place of residence, and if this fails, hand the child over to social services officers.

FAMILY CODE - Chapter 12

1. Parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons.2. Parents are obliged to ensure that their children receive basic general education and create conditions for them to receive secondary general education. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children.

Parental responsibility for minor children

For children under the age of 14, parents bear full property responsibility (Article 1073 of the Civil Code of the Russian Federation). Guardians are required to fully compensate for property damage caused to third parties. For example, in the event of damage to a product on a store counter, coverage of the damage falls entirely on the trustees. This is due to the fact that persons under 14 years of age do not have full legal capacity and cannot fully bear rights and responsibilities.

Children's age up to what age according to the law of the Russian Federation

It is established by the regional legislation of a specific subject of the Russian Federation. There are no restrictions on the number of benefits that one family can receive at a time. For example, if the child is not yet one and a half years old, then she can freely claim everything if the payment conditions for them are met.

Rights of the child and children

citizenship (Article 6 of the Constitution of the Russian Federation, Article 12 Federal Law“On Citizenship of the Russian Federation”, according to which a child acquires citizenship of the Russian Federation by birth if on the child’s birthday both of his parents or his only parent have citizenship of the Russian Federation (i.e. according to the principle of “right of blood”));

At what age can you live separately from your parents?

  • Parental oppression. Parents, as usual, are wiser and always know everything better. Adults often do not accept children’s mistakes, because they explain everything so carefully to their foolish children. But young people want to make mistakes, make mistakes, draw conclusions and make mistakes again. This is the only way to accumulate your personal experience.

Parental responsibility for children

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 unless it proves its innocence in what happened.

Until what age are parents required to accompany their children to school by law?

The rules for organized transportation of groups consisting of children were developed by the Ministry of Transport of Russia and adopted by Government Decree No. 1177 on December 17, 2013. The document was edited, with amendments, by Government Decree No. 652 of June 30, 2020. Some changes took effect on July 10, 2020, while others were delayed until January 1, 2020.

Responsibility for minor children

The rule on shared liability will not apply if the harm was caused by minors who have different parents or these children are under the guardianship of different citizens (organizations). In this case, joint and several liability does not apply. Each of them will be responsible only for the unlawful actions of their child.

Responsibility of parents for the offenses of their minor children: actions and punishments

The child is usually limited to serious suggestion and some other measures of influence. It is worth noting that if a serious crime is committed (for example, murder or mutilation), a child, starting from 11 years old, can be sent to a special treatment and educational institution for up to 2 years.

Until what age are children considered children: opinions and reality

The fact is that children can be asked their opinion in court as early as 10 years old. Criminal liability, like administrative liability, begins upon reaching the age of 14 years. Nevertheless, at this time, his parents bear responsibility for many of the actions of their offspring. A child is considered fully grown at the age of 18. But there are some exceptions. For example, emancipation. If a teenager earns his own living, and his schedule does not interfere with his studies, it is possible to live separately from his parents (that is, lead a completely adult life), then such a person can apply to the relevant authorities for recognition of emancipation. After this he will become fully capable. As a rule, approval is obtained from the age of 16. Also after joining minor in marriage he becomes a full-fledged citizen who has every right to be called an adult.

Rights and responsibilities of parents and children under the Family Code

  • living and being raised in a family;
  • communication with close relatives - grandparents on both sides, sisters and brothers;
  • obtaining protection and representation of one’s own legal interests and protection from parental abuse of their rights;
  • owning and expressing one's own opinions;
  • receiving free medical care through health insurance;
  • receiving free preschool and school education;
  • obtaining and changing your full name.

Responsibility of parents for raising children.

Family - the child's natural habitat. This is where the prerequisites for the development of a physically and spiritually healthy person are laid. In addition, a family for a child is also a kind of refuge that ensures his survival. That is why one of the basic rights of a child is his right to live and be raised in a family. Therefore, the most important issue in the development of a child’s personality is the role of parents in his upbringing.

The Convention on the Rights of the Child states that parents bear primary responsibility for the upbringing and development of the child, whose best interests should be the primary concern of the parents.

In the Russian Federation, paragraph 2 of Art. 38 of the Constitution establishes that caring for children and their upbringing is an equal right and responsibility of parents.

Art. 61 of the Family Code states that parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

Parental rights are understood as a set of rights and responsibilities that are vested in parents as subjects of parental legal relations (parental legal relations are legal relations between parents and children).

Personal non-property rights of parents include:

  • the right to raise and educate children,
  • the right to protect the rights and interests of children,
  • the right to protection of parental rights.

Family code. Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

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).

Giving parents rights in relation to their minor children means that they are given the opportunity to perform actions and actions that are approved, desirable from the point of view of the state, and aimed at the benefit of the child. The rights of parents give rise to corresponding responsibilities.

2. Parental rights provided for in this chapter terminate when children reach the age of eighteen (the age of majority), as well as when minor children marry.

Article 63. Rights and responsibilities of parents regarding the upbringing and education of children.

1. Parents have the right and obliged raise your children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a priority right to raise their children over all other persons.

The right to raise a child is a personal inalienable right of every parent. This right can be lost only in cases provided for by law: when parental rights are deprived and a child is adopted (see Articles 69, 70 and 140 of the Family Code and the commentary thereto). The right to education is to provide parents with the opportunity to personally raise their children. At the same time, parents are free to choose ways and methods of upbringing that are consistent with the developing abilities of the child (Clause 2, Article 14 of the UN Convention on the Rights of the Child).

The right of parents to raise children is ensured by the fulfillment by parents of the duties of raising them. These responsibilities include caring for the health, physical, mental and moral development of the child. These are the real general view the most important responsibilities of parents, which constitute, as it were, two groups. One is directly related to physical development child, which largely depends on his nutrition, habitat, etc. The second concerns the mental, spiritual, moral development of a minor and presupposes the existence of more complex in nature means and methods of forming a child as a person. Currently, the role of parents in fulfilling responsibilities of this kind is becoming more and more obvious. It is on this that the child’s spiritual world, his readiness for interpersonal communication, the desire for knowledge, and the ability to control his mind and feelings largely depend. Fulfilling parental responsibilities not only contributes to the exercise of parental rights, but also serves as an example of desired, approved behavior - its model.

Persons with parental rights are responsible for the upbringing and development of their children. This responsibility is common and binding for both parents, wherever they are, and determines the special importance of parental responsibility in ensuring the rights and interests of their children. At the same time, there is an impact on the formation of a sense of responsibility for the child, his upbringing, the completeness of which largely determines the quality family education.

It is assumed that there is responsibility, both of a moral nature and as provided for in various branches of legislation (administrative, civil, family, criminal, etc.). In the first case, responsibility entails moral condemnation, in the second - additional burden or even punishment in the manner prescribed by law. Additional burden refers to consequences unfavorable for the violator of rights that go beyond the scope of forced performance of duties. A typical liability for improper family upbringing of children is deprivation of parental rights (commentary to Article 69 of the Family Code).

2. Parents are obliged to ensure that their children receive basic general education.

Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until their children receive basic general education.

The Law of the Russian Federation “On Education” considers education as a purposeful process of education and training in the interests of the individual, society, and state. This process is ensured not only by the state, but also by parents. According to paragraph 4 of Art. 43 of the Constitution of the Russian Federation, parents or persons replacing them ensure that their children receive basic general education, i.e.education in the amount of 9 classessecondary school. IN Everyday life Parents' responsibility for this is to ensure that their child learns. He can combine his studies with work, creative, entrepreneurial, commercial activities, but whatever the family situation, the level of financial security of the family, the health status of the parents,the child must receive the necessary education. Avoidance of this duty serves as grounds for deprivation of parental rights and removal of a guardian (trustee).

It also depends on the parents what additional education and where children will receive them. Parents exercise their right to choose taking into account the child’s opinion. It doesn’t matter how old he is. For children younger age attachment to friends with whom he would like to study, his abilities, inclinations may be important. Older children act consciously and realistically, basing their choices on their future professional orientation. The choice by a parent and his child of the type of educational institution and form of education is influenced by the child’s health status, the degree of financial security of the family, family traditions, profession of parents, etc. In any case, taking into account the child’s opinion means treating him with respect. However, parents have the right not to take into account the point of view of a minor if it contradicts his interests or cannot be realized for objective reasons.

Article 64. Rights and responsibilities of parents to protect the rights and interests of children.

1. Protection of the rights and interests of children rests with their parents.

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.

The important rights and responsibilities of both parents include their protection of the rights and interests of their child. By giving parents the opportunity to protect the child, assigning this kind of responsibility to them, the state, firstly, seeks to prevent the minor from being insecure, and secondly, it emphasizes that we are talking about a civic duty, first of all, of parents. Protection by parents of the rights and interests of the child is carried out in accordance with Art. 8 SK (see commentary to this article). The subject of protection is all the rights of children listed in Art. Art. 54 - 58, 60 SK. The scope of protection also includes housing, inheritance and other rights of the child, including his rights as a member of society (to protect life and health, social security, protection of honor and dignity, etc.). Methods of protection depend on the specifics of the child’s rights, the nature of the offense, the age of the minor, etc. Parents fully protect the rights and interests of a child who is under 14 years of age. And they help older teenagers protect themselves. If there is no consensus on which parent and how to protect their child, the disagreements that arise can be resolved at the request of the parents by the guardianship and trusteeship authorities.

Direct reference to parents as holders of rights and responsibilities to protect the rights and interests of the child means that they are his legal representatives without special authority. If necessary, they only need to present their child’s birth certificate. Parents, being his legal representatives, can deal with any individuals and legal entities, including local government bodies, internal affairs bodies, courts and the prosecutor's office. Moreover, it is not at all necessary to wait for a violation of the rights or interests of the child. Parents can take actions aimed at preventing a possible crime.

2. Parents do not have the right to represent the interests of their children if the guardianship and trusteeship authority establishes that there are contradictions between the interests of parents and children. In case of disagreements between parents and children, the guardianship and trusteeship authority is obliged to appoint a representative to protect the rights and interests of the children.

Conflicts between the interests of parents and children of any age are not exceptional events. They can arise for various reasons and relate to both personal and property spheres of relations. In this case, parents may be guided only by their own selfish considerations, or may be deeply mistaken regarding the correct understanding of their child’s needs. But no matter what causes these contradictions, in such cases a situation arises when a parent cannot be trusted to act as a representative of the interests of their children.

Article 65. Exercise of parental rights

1. 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.

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.

This refers to the impossibility of exercising parental rights in conflict with the interests of children. This determines the permissible limits of actions and actions related to family upbringing. This is a guideline that must be adhered to both in everyday life and when resolving disagreements and disputes regarding raising a child. For parents, the main thing is to ensure the interests of their child, and not their own.

Additionally, there are more specific guidelines as to what parents should do not entitled . They cannot, firstly, cause harm to the physical and mental health of children, their moral development, and secondly, allow criminal treatment of a child, his insult, exploitation in their family pedagogy. In the first case, the attention is focused on the unacceptable end result of the parents' behavior as educators. In the second, actions of parents of varying degrees of danger to the child are categorically prohibited - from neglect of his reasonable requests and needs, rough treatment of him to methods of education that are cruel in nature; from humiliation of a child as an individual, insulting him by word and action to exploitation of a child, which should be understood as going beyond family pedagogy using the help and labor of a child, regardless of age. Any deviation from these rules is fraught with deprivation of parental rights, cancellation of adoption, removal of the guardian (trustee), and early termination of the agreement on the transfer of the child to be raised in a family.

Parents are responsible for exercising their rights and responsibilities to the detriment of the rights and interests of the child. This means not only abuse of parental rights, but also other actions and actions of parents that cause or may harm the rights and interests of the child as an individual. The same can be said in relation to the property rights of a child. We are talking about liability provided by law. This may be administrative - legal responsibility - Art. 5.35, 6.10, 20.22 Code of Administrative Offenses of the Russian Federation, civil law - art. Art. 1073, 1074 Civil Code of the Russian Federation, family law - Art. 69 IC RF, criminal - Art. 156, 157 of the Criminal Code of the Russian Federation, etc. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.

2. All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court.

The process of family education of children includes the solution of many issues, mainly of a pedagogical nature. They are decided either by both parents, or by one of them with the approval or tacit consent of the other. In this case, it is assumed that both parents observe the interests of their child, taking into account the opinions of the children. It goes without saying that taking into account children’s opinions should be appropriate from a pedagogical point of view.

3. The place of residence of children in the event of separation of parents is established by agreement of the parents.

In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).

Code of the Russian Federation on Administrative Offenses

Article 6.10(2)

1. Involving a minor in the use of alcoholic and alcohol-containing products or “intoxicating substances” -shall entail the imposition of an administrative fine in the amount of one to three hundred thousand rubles.

2. The same actions committed by parents or other legal representatives of minors, as well as by persons entrusted with the responsibility for teaching and raising minors, -shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles.

Article 20.22.

The appearance of minors in a state of intoxication, as well as their drinking of alcohol and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places

The appearance of minors under the age of sixteen in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, and public gardens , parks, in a public vehicle, in other public places -shall entail the imposition of an administrative fine on parents or other legal representatives of minors in the amount of one thousand five hundred rubles to two thousand rubles.

At the same time, to determine the offense, it is sufficient for the minor to appear in a state alcohol intoxication in a public place and consumption of any alcohol-containing product, regardless of the alcohol contained in it.

Minors over the age of sixteen who appear on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public morality are liable administrative responsibility according to Art. 20.21 Code of Administrative Offenses independently,This offense entails the imposition of an administrative fine in the amount of five hundred to one thousand five hundred rubles or administrative arrest for a term of up to fifteen days.

Article 5.35.

1. Failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, education, training, protection of the rights and interests of minors - entails a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles.

2. Violation by parents or other legal representatives of minors of the rights and interests of minors, expressed in the deprivation of their right to communicate with parents or close relatives, if such communication does not contradict the interests of the children, in the deliberate concealment of the location of children against their will, in the failure to comply with a court decision on determination of the place of residence of children, including a court decision to determine the place of residence of children for the period before the entry into force of a court decision to determine their place of residence, in the failure to comply with a court decision on the procedure for the exercise of parental rights or on the procedure for the exercise of parental rights for the period before entry into force the legal force of a court decision or otherwise preventing parents from exercising their rights to raise and educate children and to protect their rights and interests, -shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

3. Repeated commission of an administrative offense provided for in Part 2 of this article -shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to five days.

Parents may wonder what they should do if the child does not give in to their positive influence and ignores their demands. In this case, I would like to draw attention to the fact that with regard to the responsibilities of a child in the family, they are determined only by moral norms, since it is impossible to force him to fulfill them with the help of the law, and depend only on his upbringing.

Undoubtedly, when conducting conversations and lectures with teenagers, their attention is drawn to the fact that they are more meaningful about their own behavior, since by their actions they first of all let them down. own parents. Therefore, the topics of administrative and criminal responsibility of minors are presented through the prism of intra-family and intra-school relationships.

But the main factor in upbringing has been and remains the constant influence of parents on the formation of the child’s personality from the moment of his birth. If at some point in a child’s life the educational influence on him was lost or weakened, then the parents themselves will have to reap the benefits first of all. And this will happen both morally and legally.

And finally, I would like to advise you all - be friends with your children, take an interest in their problems and concerns, and then they will definitely please you with their good deeds and deeds.