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It must be remembered that parents not only have rights and obligations in relation to own child, but also bear responsibility for them, for the acts committed by the wards. That is why the parent / adoptive parent or other responsible person should monitor the child as closely as possible.

Otherwise, if he commits any offense, the parent himself will also be liable - this moment is enshrined at the legislative level.

What it is

It should be remembered that spouses are responsible for the obligations of their minor children. This moment indicated at the legislative level.

And at the same time in several legal documents at once. If possible, parents themselves should also understand who is responsible for children at school.

Since the moment has a very importance. The most detailed questions of the type under consideration are reflected directly in the Civil Code of the Russian Federation.

It must be remembered that according to the Family Code Russian Federation the child has the right to receive education from his parents, as well as to receive education, respect for his human dignity.

On the basis of the NAPs indicated above, various authorities have the right to require the parent to bear material and other liability for any actions / misconduct of the child.

Under current law, a parent will be required to ensure payment for all damage caused by his child - and, if necessary, at his own expense.

This rule applies to children until they reach dilectic ability - up to 14 years.

In some other cases, this rule also applies in the period from 14 to 18 years. The parent is obliged to ensure the fulfillment of the obligations of his child.

At the same time, the responsibility of parents for minor children has a very large number of very different nuances.

That is why all parents, regardless of the behavior of children and other points, should familiarize themselves with the following nuances in advance:

Who is responsible?
Where to apply.

Who bears

One of the most important questions affecting the topic under consideration is who exactly is responsible for minors?

At the legislative level, it is established that responsible person for all actions of a minor, first of all, is a representative of his interests.

Today, all the rights and obligations of adoptive parents and parents are completely identical. In fact, at the legal level, the person who adopted him is recognized as his actual parent.

That is why the adoptive parent bears full responsibility for misconduct - with his income and property (like parents).

Often the question arises - do guardians and trustees bear material, other responsibility for the actions committed by a minor?

According to the current legislation, the liability of these persons is limited only by the list of items federal law.

This article does not include responsibility for actions that for some reason are committed by the ward.

At the same time, the institution in which they are brought up and trained is responsible for minor children.

There are the following nuances associated with this moment:

There is a difficult moment related to the responsibility for the children of parents who, for some reason, had their rights to the child before - until the moment of committing any illegal acts.

Each individual case, if it reaches the court, is considered in a special order. A deprived parent will bear material responsibility in the event that the very commission of a crime by a child became possible due to improper performance of duties.

For example, if a child was previously involved in any criminal activity by a parent, he developed a tendency to steal.

The court may also consider improper upbringing as a fairly significant reason. Regulatory framework for this issue quite extensive.

That is why it is imperative to familiarize yourself with it in advance. This will help you avoid all sorts of difficult moments.

Where to go

It should be remembered that if a minor has committed any serious offense for which serious liability is due, one should go to court - at the place of his current,.

But there is one important point- far from all judicial institutions have the right to make decisions in cases where the interests of minors are in any way affected.

Such incidents are considered:

At the same time, the judge of the world has no right to conduct cases of this kind.

It should also be remembered that in a court session, according to the results of which it will be necessary to assign a measure of punishment for a person who has not reached the age of majority, the following must necessarily take part:

representatives of guardianship authorities and;
prosecutor's office.

Compliance this rule strictly required. At the same time, the presence of the parents themselves, the child, and the plaintiff is not required.

But it is important to remember that in the absence of the defendant, the punishment that is most unfavorable for him is usually assigned. That is why you should not neglect attending a court session, this can result in quite serious problems.

It also often happens that as a result of such court hearings, the parent is simply deprived of their rights in them.

Are parents responsible for minor children?

The answer to the question - are parents responsible for their minor children? - definitely positive. But one must remember very in large numbers a variety of nuances associated with this moment.

First of all, everything depends on the type of responsibility that is due for the commission of a particular crime.

At the moment, the following varieties are distinguished:

criminal;
administrative;
civil;
disciplinary.

The most serious offenses are violations for which criminal liability is due. But the articles of the Criminal Code of the Russian Federation apply only to persons who have reached the age of 16 years.

In some cases, the qualification can be reduced to 14 - when committing serious or especially serious crimes. This moment is regulated.

At the same time, some minors will be punished from the age of 14 for certain crimes - for example, murder () and intentional harm ().

Administrative - this moment is disclosed in as much detail as possible in the articles of the Code of Administrative Offenses. At the same time, according to the Code of Administrative Offenses, only persons over the age of 16 can be punished for administrative offenses.

Until this age, it is the parents of the child or his adoptive parents who are responsible for such violations - this may be a fine, or otherwise.

Civil liability implies punishment for causing property damage or health / honor to the dignity of any other person.

In most cases, the punishment for this kind of offense is financial compensation. The parent is responsible in the cases under consideration for his child only until he reaches 14 years of age.

Disciplinary responsibility can only be assigned if the child works according to. In this case, only the child himself can be punished in this case.

For a parent or adoptive parent, if the child is problematic enough, it is best to familiarize yourself with the following important questions in advance:

What violations are liable?
How is it punished?
Deadlines.
Main nuances.

For what violations

In fact, the list of violations for which the parent of a minor is responsible is quite limited.

Regardless of which legal document a particular case falls under, all violations can be conditionally divided into the following categories:

In this case, any of the indicated misconduct and crimes can be committed different ways. If necessary, the parent will be required to fully compensate for all damage - regardless of its size.

But at the same time, the court always guides the principle of reasonableness.

Some of the most common violations among teenagers include the following:

The full list of offenses for which liability is due is quite extensive. There is an impressive jurisprudence in cases of this kind.

If possible and necessary, parents, as well as all other interested parties, should definitely familiarize themselves with it. This will avoid quite serious problems.

It is important to remember that a parent is financially responsible for their child until they reach the age of 14.

If his age is greater, then the child must independently carry out full compensation for damage - at the expense of any property belonging to him.

It is important to remember that this moment is fixed at the legislative level. But if for some reason the child himself has no property and earnings, then the parent will again have to pay for the harm.

How punished

Parents may be subject to the following penalties:

It should be remembered that the Criminal Code of the Russian Federation has a separate section that regulates the list of punishments that apply to parents in the case when they are the direct cause of the commission of a crime by a minor.

Moreover, the responsibility is quite serious, in most cases it implies not only deprivation of rights, but also imprisonment, imprisonment. It is worth avoiding the occurrence of such precedents.

The very procedure for assigning responsibility of any type for any offense of a child is simple and standard.

It looks like this:

Also, the writ of execution may include the need to implement the sale of any property - if for some reason the parent has no income.

In a court decision, in addition to material liability, any other may be indicated. For example, the need to serve a prison sentence.

statute of limitations

It should be remembered that bringing to any responsibility (both a minor and his parent) has its own statute of limitations. And they are standard.

For example, the person who committed it will be released from liability of a criminal nature after the expiration of the following periods:

Moreover, the statute of limitations begins immediately from the moment the crime itself is committed. This moment is disclosed in the most detail in the Criminal Code of the Russian Federation.

At the same time, the time of onset of consequences after the commission of any crime does not affect the statute of limitations.

This moment is also indicated in the current legislation. At the same time, it should be remembered that the statute of limitations does not apply to persons who committed terrorist acts.

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Main nuances

It should be remembered that it is not always necessary to go to court. For example, offenses of an administrative nature committed by minors are considered by a special commission (on juvenile affairs).

When considering cases by this commission, the defendants of which are a person aged 16 to 18 years, he may be exempted from administrative liability.

But at the same time, punishments established by federal laws are applied to him.

But if, for some reason, the child's parents and the perpetrator himself do not want to recognize the court's decision as completely legal, then the victim has every right to apply to the court of the appropriate instance (city, district).

It should be remembered that if the case is not of a criminal nature, then the evidence on it is collected and presented by the defendant and the plaintiff.

Law enforcement agencies usually do not take part in such cases. But if necessary, the relevant departments can be connected at any time.

The legislative framework

In order to avoid various kinds of problems associated with responsibility for one's own children, it is worth familiarizing yourself with the current legislative framework in this regard in advance.

Family code:

Code of the Russian Federation on Administrative Offenses:

Criminal Code:

The legal framework in this regard is quite extensive. It includes an impressive list of legal documents.

See here.

That is why it is necessary to take the most responsible attitude to the upbringing of the child. Otherwise, improper performance of their duties can lead to quite serious problems in the future.

One of the main conditions for the successful development of our country on long years is the upbringing of a worthy replacement, citizens of the country who will be proud that they are Russians.

That is why the most important priority of the government is to ensure constitutional rights citizens, to a safe and comfortable life, to which the President of Russia has repeatedly focused the attention of representative and executive authorities. Both the authority of the government and the population's trust in it depend on this.

Every person wants that no one violates his rights, and to feel safe. We would like to believe that the majority of people in the world, in our country, in our city are respectable citizens who are guided by the principles of morality and morality, act according to their conscience, take into account the opinions of other people, do not violate their rights, follow the law. If every person lived and behaved this way, then there would be no need for police, courts, or prisons. But, unfortunately, this picture is far from reality. Various crimes and offenses are constantly committed in the world.

According to the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Sverdlovsk region according to the results 9 months 2017 year by minors on the territory of the region committed more than 1400 crimes. The number of juveniles brought to criminal responsibility amounted to about one and a half thousand people, of them 1,100 crimes were committed by school students, 14 by students of secondary vocational schools, and 9 by working teenagers.

None of us is immune from committing any crime against us. Preventing trouble is always better than looking for a way out of the current situation later. There is a proverb: " Forewarned is forearmed".

Guys , you enter into a complicated but interesting age 14-15 years old. There are many temptations around. And you must choose the right path! Teenagers may turn to crime different reasons. From the banal lack of money, upbringing and conditions, to the pursuit of easy money. However, ignorance of the law does not exempt from liability, and deliberate violation leads to serious consequences.

Unfortunately, teenagers often do not think about their misconduct, mistakenly believing that there is nothing special about it. Even when committing group offenses, they do not realize that it is illegal.

Answering the question why you did it, almost no one clearly answers. More often they say: Everyone went and I went."

And many articles of the Criminal Code of the Russian Federation speak of more serious liability for crimes committed by a group of persons by prior agreement or by an organized group. Adolescents often answer that they did not know that it was punishable, that this should not be done.

But ignorance of the law is no excuse. Meanwhile, as the statistics of the Main Directorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk region show, the level of juvenile delinquency remains quite high.

There are specific legal terms relating to responsibility, including minors.

Illegal act - this is an antisocial act that harms society, is prohibited by law and entails punishment. For crimes, teenagers between the ages of 14 and 16 can be prosecuted and convicted.

Adolescents are brought to responsibility from the age of 16 in accordance with the requirements of the Criminal Code of the Russian Federation. And for crimes like malicious hooliganism, theft, rape, murder criminal liability comes from the age of 14.

H t about such responsibility?

A responsibility- the need, the duty of a citizen to be responsible for his actions, deeds, to be responsible for them.

There are 4 types of legal liability depending on the type of violation:

1 .Administrative responsibility of minors.

Administrative responsibility is applied for violations provided for by the Code of Administrative Offenses (CAO).

Administrative offenses include:

- appearance in in public places in a state of alcoholic or drug intoxication;

- drinking alcohol in public places;

- commission of petty hooliganism;

- violation of traffic rules;

- violation of fire safety, etc.

Citizens of the Russian Federation from the age of 16 are held liable for administrative offenses and the following types of administrative liability are provided for:

fine,
warning,
corrective work.

If a teenager under the age of 16 commits an administrative offense, then the punishment is borne by his parents.

2 . Criminal liability.

Criminal liability - responsibility for violation of laws,

provided for by the Criminal Code. A crime provided for by criminal law as socially dangerous, infringing on the social system, property, person, rights and freedoms of citizens, public order ( murder, robbery, rape, insults, petty theft, hooliganism).

Example:

Imagine the situation: 14-year-old Sasha, deciding to just frolic, in front of his peers and surrounding adults, pushed 13-year-old Misha hard. He, unable to resist, fell onto the carriageway and got under the wheel of an oncoming car. On the second day, the minor Misha died in the hospital from his injuries. Terrible, but very real situation.

Under what legal norms does the joke "of a minor Sasha fall under?

FROM t a t b I 87 of the Criminal Code "Criminal liability of minors": Juveniles are recognized as persons who by the time of the commission of the crime were fourteen years old, but not eighteen years old.

FROM t a t b I 88 of the Criminal Code "Types of punishments imposed on minors":

- fine;

–deprivation of the right to engage in certain activities;

-aboutblanguage work;

– correctional work;

–arrest;

– imprisonment for a specified period.

Minors for committing crimes, unlawful acts can also be placed in special educational and educational institutions of a closed type. Moreover, teenagers can be sent to such institutions from the age of 11.

The term of imprisonment for minors may not exceed 10 years. Deprivation of liberty is served by minors in educational colonies of general regime.

3 . Disciplinary responsibility.

Disciplinary responsibility is a violation job duties, i.e. violation of labor laws, for example: absenteeism without a good reason.

4 . Civil liability. Regulates property relations. Punishment for the offender:

compensation for damage
payment of damages.

Every violation of the law must be held accountable. folk wisdom reads " There would be no violation, it would not be necessary to bear responsibility.

Consider the concept of types of violations:

There are three types of violations: Misdemeanor. Offense. A crime".

misdemeanor is a violation of the rules of conduct or defiant behavior.

Offense- this is a violation of the law, for which punishment is provided for adults and adolescents from the age of sixteen.

A crime - it is a serious violation of the law by adults or minors who have reached the age of criminal responsibility.

Let's look at a few examples:

Example #1 .

Fifth-grader Dima did not start school after the holidays, he says that he does not want to attend classes. How can Dima's behavior be regarded as a misdemeanor, an offense or a crime?

(This is a misdemeanor, since Dima did nothing illegal).

What did he violate by the fact that he did not attend classes at school?

School charter which sets out the rights and obligations of all participants educational process (school administration, students, their parents, teachers).

Students in an educational institution must :

to study conscientiously;
perform assignments on the topic of the lesson;
do not miss classes without a good reason and do not leave them before the end;
do not be late for classes;
take care of the property of the institution and, in case of damage, restore it at the expense of the parents;
respect the honor and dignity of other students and school staff.

Example #2.

Let's try to define what we are talking about: a misdemeanor, an offense or a crime.

Ninth-graders Sasha, Vitya and Igor were going to a disco on their day off. On the way, they stopped at a convenience store and bought a bottle of wine. In the alley near the House of Culture, the guys drank wine.

How can you evaluate their behavior?

(In this example, there are 2 administrative offenses)

1. Administrative responsibility for the offense is borne by the seller for the sale of alcohol to students (minors),

2. The students themselves - for the purchase and drinking of alcohol.

(This is an administrative offense under Article 20.20 Part 1 of the Code of Administrative Offenses of the Russian Federation - “Drinking Alcoholic Products in Public Places.”)

Example #3

Seventh-graders Igor, Zhenya and Maxim were waiting for the guys from primary school around the corner of the school, they took their money and said that if they told anyone, they would be in trouble.

How can the actions of Sasha, Zhenya and Maxim be classified as a misdemeanor, offense or crime?

(these guys committed a felony)

The actions of Sasha, Zhenya and Maxim are indeed illegal. They committed extortion - a crime under Art. 163 of the Criminal Code of the Russian Federation.

AT" Criminal Code of the Russian Federation » describes all types of crimes for which criminal liability is provided.

To be prosecuted great importance has an age. No child under the age of 14 can be prosecuted and convicted of a crime. The law believes that before the age of 14, the child is not yet sufficiently responsible for his actions.

Conclusion.

You should always remember that you have to be held accountable for your actions. Always remember that main reason of all offenses is contempt of the law. Not a single person in our society can deviate from the requirements of legal norms. Otherwise, the Criminal Code of the Russian Federation enters into force. Remember, by committing a misdemeanor, you not only violate the Law, but also hurt your family and friends.

Sources:

1. "Review of the state of juvenile delinquency in the Sverdlovsk region for 9 months of 2017" of the Main Directorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk region;

The family, being a cell of society, is of value to society and the state. One of critical tasks assigned to the family, namely the parents, is the care of their children.

According to the Constitution of the Russian Federation, parents are equally obliged to take care of the child. As a rule, the commission of misdemeanors, crimes, causing damage to property or harm to health by minor children is the result of insufficient education. Therefore, the legislation provides for the responsibility of parents not only for improper upbringing, but also responsibility for the harm caused by their children.

Liability for harm caused by minor children

Responsibility of parents (guardians, custodians) for harm caused to third parties by their minor children is provided exclusively by the Civil Code.

Civil (property) liability

The degree of civil (property) liability of guardians for harm caused by the actions of minor children depends mainly on the age of the child and other circumstances. Let's consider in more detail.

For children under the age of 14, parents bear full property responsibility (Article 1073 of the Civil Code of the Russian Federation). Guardians are obliged to fully compensate for property damage caused to third parties. For example, in the case of damage to the goods on the counter of the store, the damages are fully covered by the trustees. This is due to the fact that persons under 14 years of age do not have full legal capacity, they cannot fully bear rights and obligations.

For children aged 14 to 18, parents are not obliged to compensate for the damage caused by their children (Article 1074 of the Civil Code of the Russian Federation). This is due to the fact that persons who have reached the age of 14 are partially capable. Minors between the ages of 14 and 18 bear property liability independently. However, if the child does not have any income, he is not able to cover the damage caused by himself, then the obligation to compensate for the damage lies with their guardians.

It should be noted that parents are not obliged to compensate for harm caused by a minor if at the time of the damage the child was under the supervision of an educational institution or medical organization. In this case, the obligation to compensate for the damage lies with the specialized institutions. However, if the organization proves that the harm was not due to its fault (for example, due to inadequate education), then the responsibility for reparation will be placed on the trustees.

A feature of Russian legislation is the possibility of holding parents liable for harm caused by minor children who are deprived of parental rights (Article 1075 of the Civil Code of the Russian Federation). Thus, the legislator established the dependence of causing harm on education. In this case, it is necessary to establish a causal relationship between the fact of causing harm and improper upbringing. Parents cannot be held liable for damages if more than 3 years have passed since the termination of parental rights.

Responsibility for improper upbringing

Responsibilities under family law

The obligation to raise minor children is provided for by the Family Code (Article 63 of the UK). Education includes a whole range of measures aimed at the adaptation of the child in society. Guardians have the right to independently choose the techniques and methods of education. However, they must not violate the rights and interests of their wards.

Parents must create conditions for the maintenance, upbringing, education, protection of the rights and interests of minors (Articles 63-67, 80 of the RF IC).

Education is understood as the inculcation of elementary skills of behavior in society, politeness, respect for elders, and so on.

Education is, first of all, the creation of conditions for visiting educational institutions, as well as providing everything necessary (notebooks, textbooks).

Protection of the interests of children means representing the interests of the child in court or other public organizations.

In case of evasion from upbringing, improper upbringing, abuse of parental rights, as well as cruel treatment, the Family Code provides for measures of influence - restriction or complete deprivation of parental rights (Article 69 of the RF IC).

Administrative responsibility for improper upbringing of children

For failure to fulfill the obligations assigned to parents, provided for by the Family Code, an administrative fine may be imposed on guardians (Article 5.35 of the Code of Administrative Offenses of the Russian Federation). As a rule, the offense in question is committed in the form of inaction. Cases of administrative offenses are authorized to be considered by commissions on juvenile affairs (clause 2, part 1, article 22.1 of the Code of Administrative Offenses of the Russian Federation).

Separately, it is worth noting the violation by one of the parents of obligations to pay alimony, since alimony can be attributed to the obligation to support children (Article 5.35.1. of the Code of Administrative Offenses of the Russian Federation).

The provisions of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation are new for Russian legislation, which appeared in 2016 as a result of the decriminalization reform individual articles Criminal Code. The article under consideration provides for liability for non-payment of alimony for more than 2 months.

When committing the specified offense repeatedly (2 or more times), the person is subject to criminal prosecution.

Criminal liability for minor children

Repeated failure to fulfill the obligation to pay alimony entails bringing guardians to criminal liability (Article 157 of the Criminal Code of the Russian Federation). One of the prerequisites is the presence of an administrative penalty that has entered into force under Art. 5.35.1. Code of Administrative Offenses of the Russian Federation.

The Criminal Code also provides for a measure of punishment for improper upbringing, which is associated with cruel treatment (Article 156 of the Criminal Code of the Russian Federation). The concept of ill-treatment in the context of the issue under consideration is quite extensive - it is the beating of a child, and ignoring the requirements of the attending physician by guardians, and the absence of necessary products to maintain the child's body in a normal state, etc. In this way, cruel treatment with children is a qualifying sign that allows the application of criminal, rather than administrative, measures to parents. A criminal measure of influence can be applied not only to guardians, but also to teachers, doctors or other persons under whose care the child is.

The Criminal Code also provides for sanctions for inciting a child to commit a crime (Article 150 of the Criminal Code of the Russian Federation) or involvement in antisocial acts (Article 151 of the Criminal Code of the Russian Federation). The sanctions of articles 150 and 151 of the Criminal Code of the Russian Federation can be applied not only to the guardians of a minor child, but also to other persons.

For reference. Antisocial actions are recognized as the actions of a child, expressed in the systematic use of prohibited substances (drugs, as well as alcohol and tobacco products), prostitution, begging.