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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 Russian Federation on 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;

Without sufficient experience and not realizing the consequences of their actions, juvenile citizens cannot be brought to criminal or administrative punishment in accordance with the Civil Code of the Russian Federation.

Instead, their parents appear before the court.

Definition of rights and obligations

Upon reaching the age of 18, all citizens of Russia receive full legal capacity and capacity, that is, they receive all the rights and obligations of a full-fledged citizen of the country.

From that time on, they can fully manage their lives and property: get married, get a job, sell or buy real estate.

With rights come duties: a citizen is fully responsible before the court for his actions and bears full responsibility.

Until the age of 18, a citizen is considered incompetent, that is, limited in rights and duties. Here, two concepts are distinguished:

A minor citizen is a teenager under the age of 14, while he is also incompetent.
Incapacitated - under 18 years of age. At the same time, at the age of 14-18 years, there is limited legal capacity: a teenager can be responsible for some actions, but is obliged to ask permission from his parents.

It is worth noting that a citizen may be incompetent not only due to age, but also due to mental disorders, due to which he is not able to answer for his actions.

Until the minor has reached the age of majority, parents or guardians are responsible for all his actions, they also represent the interests of the teenager in court and defend his rights. Depending on the age and the offense committed, the degree of responsibility of children and adults also differs.

Up to 14 years old

At the age of 14, children receive their first passport, and with it a certain dose of rights and responsibilities - up to this point, their parents are responsible for any actions of minors.

Theft, hooliganism, mutilation, violence, even terrorism or murder - all this falls on the shoulders of adults, who most often respond financially.

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

It is important to know: if at the time of the crime the teenager was not under the responsibility of his parents (for example, he was at school or camp), then teachers or educators will be responsible for his misconduct.

Most often, young children do not commit serious offenses. The most common violations include:

petty theft and robbery;
damage to property;
hooliganism and fights;
traffic violation.

For all these crimes, the responsibility lies entirely with the parents. However, if a minor has committed a more serious crime, the court may bring to punishment the adult who pushed the child to this.

14-16 years old

Starting from the age of 14, minors are responsible for the crimes committed: murder, terrorism, cruel treatment with animals, theft, violence and others.

For the most part, children get off with a fine and a warning, also law enforcement conduct additional conversations with parents. However, at this age, minors can go to jail.

Please note: juvenile colonies "accept" criminals from the age of 14.

This will happen when they commit the following crimes:

Murder, kidnapping or intentional bodily harm.
Participation in terrorist groups, hostage taking.
Rape or coercion of a sexual nature.
Theft, robbery or extortion, vehicle theft, property damage or vandalism.
Possession or acquisition of weapons, explosives, drugs.
Railroad damage.

For all these actions, the perpetrators bear full criminal liability, up to and including imprisonment in a juvenile colony. In other cases, the case is usually limited to fines for parents; conversations with a psychologist or other measures of influence may also be prescribed.

16-18 years old

Starting from the age of 16, a minor receives administrative responsibility.

From now on, he can be prosecuted for the above crimes, as well as sentenced to administrative - for less serious crimes.

In addition to imprisonment in a correctional colony, a minor can be forced to:

community or correctional work;
payment of a fine from own funds or confiscation of property;
deprivation of the right to engage in certain activities.

Please note: up to 16 years of age, fines for a teenager are paid by parents, since he himself cannot get a job.

After coming of age, a citizen begins to bear full criminal responsibility for his actions.

Until a teenager has reached the age of majority, parents or guardians are responsible for his behavior and actions. This is due to the special status of the baby and his lack of understanding of what is happening.

However, for especially grave crimes, the child begins to be punished from the age of 14, in some cases from 11 years. This is necessary to correct the behavior of the baby, if adults cannot cope with this task.

Watch the video in which the specialist explains the features of the legal liability of minor children:

The responsibility of parents for the upbringing of children is approved in the Family Code of the Russian Federation. The Convention on the Rights of Minors proclaimed this obligation, confirming that the mother and father should ensure the interests of their offspring. Children will grow up and become worthy citizens of our country - educated, well-mannered, responsible to the state and caring with their ancestors. For achievement positive result there is no need to shift the worries about the younger generation to grandparents and teachers.

Equality of all members in the family

The Constitution and the Family Code of the Russian Federation determined the responsibility of parents for the upbringing of children. In addition to obligations, they have rights that will be terminated immediately after the age of the wards. The provisions of the law are designed in such a way that, on the one hand, the privilege is given to live with the child, to manage his time, if this does not contradict his interests, on the other hand, the conditions become the duty of the guardian. All installations in the Family Code are interconnected.

A guarantee is given to the mother by law in her son's right:

patronize, tell tales, read books;
grow according to the rules established by it;
educate in a family way.

Parental equality is approved in Article 61 of the RF IC. A father should take care of his daughter, develop:

moral;
spirituality;
monitor physical development and general healthy condition of the body.

Both parents have the same responsibility for raising children, they have an advantage over other relatives:

grandmother;
grandfather;
sister;
brother.

But they cannot announce a ban on meetings with relatives, they have no right to interfere with communication with them. Divorce married couple and separation, they must come to an amicable agreement on the further stay of minors. When they cannot agree, the issue goes to the court.

How do the courts solve the problem of divorce?

The responsibility of parents for the upbringing of children, rights and obligations are equal. On this basis, when cases of family conflicts are considered in court, the interest of the child is put at the head.

In divorce proceedings, the judge takes into account children's:

opinion;
attachment to mother or father;
love for a sister or brother;
age;
the morality of each trustee;
the complexity of the relationship, if they have arisen with guardians.

The legal body will study what opportunities a citizen has to raise his child:

work, daily routine;
flat;
income level;
absence bad habits;
purity before the law.

Article 66 of the Family Code of the Russian Federation provides guarantees to a parent who is determined by the court to live separately from children:

bring up;
communicate;
take part in life, education.

The mother cannot interfere with the father in the upbringing of minor offspring if the court has established the order of meetings. When it is proved that such dates are dangerous to health, harm children, the person will be deprived of parental rights. The guilty parent will be punished for failure to comply with court rulings. He can appeal against the decision of the legal body, which will review all the conditions and, if the interests of the child are infringed, will transfer his fate to a worthy educator, provided that the opinion of the minor is taken into account.

Who is responsible if children break the law?

Violation of public order, committing illegal actions to other persons, on the conscience of representatives of minors, they are obliged to raise worthy citizens for the state. Parents are responsible for the improper upbringing of their children. This requirement is specified in the Civil Code of the Russian Federation, the provisions of Articles 1073, 1074 are explained. Legislative acts state that for the misconduct of minors before they reach 14 years of age, the answer must be kept:

parents;
trustees, guardians;
social security workers;
organizations where children are kept if there are no relatives;
educational institutions;
medical institutions;
supervisory authorities.

After the 14th birthday, a teenager will answer for serious crimes under the Criminal Code of the Russian Federation. The damage caused will have to be compensated by the relatives or adoptive parents who take care of him. From the age of 18, the law on parental responsibility for the upbringing of children loses its relevance, the requirements are completely transferred to an adult.

If deprivation occurs, obligations remain for another 3 years to observe and answer for the criminal antics of underage offspring.

A disrespectful attitude to the law occurs due to a lack of educational measures, if the mother and father were removed from the child, it means that antisocial intentions appeared through their fault.

Teachers are entrusted with control over the behavior of children placed in institutions:

preschool;
educational;
sports.

A school teacher will be punished when his student, instead of studying, goes to a shopping center, steals a toy, sweets there. He is obliged to warn about the responsibility of parents for the improper upbringing of children, inform them about absenteeism or call law enforcement agencies.

caregiver kindergarten is also responsible for the actions of the kids while they are there or they were taken to Entertainment Center. Teachers can shift the blame to the official representatives of the children if they prove poor content, lack of care from adults, for this the family must be registered with supervisory organizations as dysfunctional.

Criminal acts with criminal consequences

In the law on parental responsibility for the upbringing of children, the Criminal Code of the Russian Federation indicates an age limit, and punishments are prescribed on this basis. Article 20, paragraph 1 states that under criminal law, citizens are tried from the age of 16.

There are exceptions in paragraph 2 of the act, there are indicated crimes that aggravate the sentence and jurisdiction at the age of 14:

deliberate killings;
sexual assault;
intentionally inflicted injury;
theft on a large scale;
transport hijackings;
extortion;
terrorist acts.

Investigations of criminal incidents involving citizens aged 14-17 are under special control. When it comes to court, consideration is given to:

physical, intellectual indicators;
whether the teenager corresponds in mental abilities, development to his peers;
received education;
how he evaluates his actions, how much he understands what he has done;
in what conditions he grew up and was brought up.

They re-educate difficult teenagers by forced pedagogical influence. If possible and the degree of the committed act, he can be released under the legal responsibility of parents for raising children or placed in a medical institution where they teach and treat. Representatives of juvenile delinquents must be present at court sessions.

Where will be considered:

In what conditions did the offender live?
Degree of participation in the life of a teenager by his caregivers.
The environment in which the personality was formed.

According to lawyers, bad relationships with loved ones, connections with a criminogenic society, manifest illegal tendencies. If parents are responsible for the upbringing of children under the Family Code and Article 61, then punishment for violations of these provisions occurs under the Criminal Code of the Russian Federation, as disclosed by Article 156.

Statistical Inference

Drawing conclusions from statistical data, analysts argue that dysfunctional families increase the criminal contingent, mostly children grow up there without supervision. Although the romance from crime series attracts teenagers who grew up with intelligent professors and successful businessmen to commit rash acts.

When they listen to conversations about the responsibility of parents for raising children, they do not believe that their daughter, an excellent student or son, the winner of the Olympiads, who were not denied anything, took part in a robbery. When considering a case involving minors, the judge will take into account:

proven negligence in educational duties on the part of the trustees;
support for family members of illegal behavior;
immoral state of the representatives of the child;
lack of leisure that develops the intellect.

Adults at work material well-being, sometimes forget about the moral support of their wards, the equal responsibility of parents for the upbringing and maintenance of children. If malicious violations are found in court, they will restrict or deprive parental rights.

What are the penalties

After litigation the severity of the guilt of fathers and mothers for the misdeeds of their offspring is determined.

The severity of the crime depends on the severity of the punishment:

100 000 rub. - Penalties.
400 hours of compulsory work.
2 year correctional labor.
3 years of forced labor.
Suspension from work for 5 years in a certain type of activity;
3 years imprisonment.

The older generation will have to make amends for the damage that teenagers have done to the victims. Pay for treatment if harm is done to health, compensate for moral humiliation with a monetary equivalent.

Close relationship between family and school

The constant interaction of representatives of students with the administration of the educational institution will help to prevent crime in time. The class teacher will talk about his observations and suspicions in the field of education, new dangerous interests discovered around the school society. The teacher will warn about the need to visit the family. meetings, the responsibility of parents for the upbringing of children.

But it lies with all adults who, on duty or origin, are engaged in minors. There are no provisions in legal acts that would oblige the legal guardians of students to attend meetings organized for parents, but only there they will receive reliable information about education and exercise their rights to participate in educational process.

Who can replace?

The constant workload does not always allow you to meet with teachers at school. It is necessary to warn the class teacher in advance that the responsibility of parents for raising children is known, but Parent meeting the next of kin, a nanny working officially in the family, will visit.

No one will forbid grandparents, aunts and uncles to come to talk to the teacher if the father is excessively busy with production affairs, and the mother cannot leave the baby, but they do not official representatives children, therefore they cannot make responsible decisions on education.

When does parental responsibility for the upbringing of children begin?

When the child turns 16, he will be held accountable for his illegal actions if he has property and income. Lack of earnings automatically shifts damages to his trustees. Up to this age, the responsibility for the upbringing and education of children lies with the parents.

Misdemeanors belong to administrative offenses:

antisocial character;
periodic absences from school;
committing dangerous actions for others;
petty theft, hooligan behavior.

This will be punished:

a fine;
public apology to the victims;
payment of compensation for moral and actual damage.

A teenager can pay the costs for the consequences of illegal actions himself, if he has own funds. Otherwise, the costs will be covered by the parents. For legal representatives, punishments are provided if the supervisory authorities for the maintenance of minors find:

the child is not socially brought up;
poorly dressed and fed;
no training;
rights and interests are violated.

When a parent does not pay full attention to the normal development of children, neglects his duties, responsibility will come without fail. If the school does not intervene - the guardianship authorities, social protection will put negligent educators in their place.

Abuse of the right - what is it?

There is a thin line between the administrative responsibility of parents for improper upbringing of children and criminal responsibility. First, the family is required to pay a fine of 500 rubles. according to the Code of Administrative Offenses of the Russian Federation and article 5.35. Legislative act provides such grounds for the application of punishment. If citizens systematically evade the fulfillment of duties, for the worthy maintenance of the younger generation, abuse their parental rights, the acts can immediately be retrained from one degree to a more serious one, where they cannot get off with fines.

These actions include:

constant absence from school meetings;
out-of-season clothing, ignoring medical examinations in case of illness, poor nutrition - all these are signs of neglect of children's health;
physical punishment, moral humiliation foul language;
regular drinking in the family;
involvement of minors in immoral acts - theft, begging;
the place of residence of children is hidden from the father when the mother is engaged in education and vice versa;
children school age do not study in educational institutions.

There are families in which a baby appears every year, but the older children do not go to school at all and are not even enrolled there. To educate them is the duty of the parents and the right of the children. Adults explain the lack of funds, their own illiteracy, there is no money to gather schoolchildren for education. The state has developed programs to provide for low-income families, if a cell of society has not taken advantage of such assistance, then the students will be relocated to institutions where all conditions for a decent upbringing will be provided.

To restore the family, to return the right to education, citizens will have to prove for a long time:

Have you gone through addiction treatment and rehab?
whether repairs have been made in the apartment or house, whether communications have been established;
is there an official job Fixed salary;
whether children's things, household items are bought, whether the refrigerator is filled with food.

A father or mother deprived of the rights to their children for their restoration must be prepared to:

to pick up children from boarding schools for personal education in a clean living quarters;
choose an educational and upbringing method that is safe for students and does not contradict their interests;
develop spiritually and psychologically the personality of the future adult.

Childhood in our country should pass safely. The government is concerned about the demographic situation, and to improve it, they propose state aid. But children should not only be born, but also grow up, be brought up, receive education in normal conditions. This does not mean that when a citizen of the Russian Federation was born, all care goes to the state budget. Until the child turns 18, parents are responsible for him. All actions, thoughts, dreams, intentions are under their control in order to know what kind of person they will transfer to the service of the state.

When causing harm to life or property, the perpetrator must be fully responsible for the deed. But this rule applies only to capable citizens over 14 years of age.

Therefore, if harm is caused by persons under the age of 14, then for them liability for minors will be borne by their parents, guardians or other legal representatives.

Responsibility of parents for harm caused by children

Full responsibility for harm caused by children under 14 years of age (that is, minors) rests with their parents or adoptive parents. However, parents can also be released from liability for minor children if they prove their innocence.

For orphans and children who found themselves without parental care, the organization that supervises children is responsible. If the child commits harm while he was temporarily under the supervision of medical or educational organization, then the leadership of such a structure will be responsible for him, if he does not prove the absence of guilt. These oversight organizations include:

Medical institutions (sanatoriums, hospitals).
Educational institutions (school, kindergarten, gymnasium, lyceum).
Organizations that supervise young children.
Persons who are engaged in raising children on the basis of a contract (tutor, nanny).

Important: all these persons will be responsible for minor children, unless they prove that the harm to the child was not their fault.

Despite the fact that the responsibility for the actions of the child may come from both the parents and the organizations in which the minor citizen is temporarily located, the scope of such responsibility will be different.

Even if it is established that the child harmed another person when he was under the supervision of, for example, teachers at school, the parents of a minor daughter or son can also be held liable for minor children as co-defendants.

If it is found in court that the child is guilty of causing harm, and educational organization and the parents of a child under 14 years of age, then the damage is subject to compensation through shared liability, depending on the degree of guilt of each of the defendants.

Note that there is no exemption from the obligation even if the child has already reached the age of 18 or has property sufficient to cover the harm. However, in this case, there is one exception - if the parents of the child who caused the harm died or they are unable to pay compensation for damage to life or health, then the obligation to compensate for the harm can be shifted to the child who has become fully capable and has an income.

That is, taking into account the financial situation, the court may decide that the guilty person can pay compensation for harm partially or completely at his own expense.

Responsibility of parents for the actions of children

The onset of responsibility of parents is possible only if they have guilt. Parental behavior is considered to be:

Ignoring your child-rearing responsibilities.
Irresponsible attitude to their parental rights to raise children.
Abuse of one's rights in relation to a child.
Immoral behavior of parents.
Unacceptable methods of education.
Psychological and physical violence against children.

However, no matter how the fault of parents or adoptive parents is expressed, they must bear responsibility for minor children if there is a causal relationship between failure to fulfill parental duties and illegal behavior of children to harm other citizens.

For example, this may include such situations: parents encourage hooligan actions of children, do not control children or do not pay attention at all to children, as well as their actions.

Both parents should be responsible for the actions of their children. A parent who lives separately from his son or daughter is not relieved of his duties. But if he proves that his child harmed another person through the fault of the parent who lives with his son or daughter and he was not able to take part in the upbringing of the child, then he can be released from liability.

The court may lay responsibility for the child even if it is for 3 years after the deprivation of rights.

At the same time, the connection between the child's misbehavior and the failure to exercise parental rights must also be proven.

The guilt of organizations (hospitals, schools, lyceums) and persons who had an obligation to look after the child (part-time teachers, nannies, governesses) lies only in the fact that they did not carry out the necessary supervision of the children at the moment when the harm was caused.

For example, the fault of the school will be if, at the time when the lessons are going on and the child must be present at the lessons, the student commits arson. However, the organization will not be responsible for:

Not holding educational work or for its low level.
For not properly supervising children.

For causing harm to a minor child, both parents and organizations that supervise children can be held responsible at the same time. Their measure of responsibility will depend on the degree of guilt of each of them separately (the so-called shared responsibility).

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

Responsibility of persons who have reached the age of 14 to 18

Unlike children under 14, for whom parents are fully responsible, after the age of 14, a citizen must independently be responsible for all his actions. This means that from the age of 14, a child, without any concessions, is responsible for causing harm to the health or property of others.

Important: A child between 14 and 18 years of age may be exempt from payment of compensation for harm if he does not have income or property sufficient to cover the damage. Then the harm will have to be compensated to the parents, or they will need to prove that the damage was done by their child without their fault.

There will be no obligation to compensate for damages for their children from 14 to 18 years old from their parents if:

A child who has committed unlawful acts acquired legal capacity before reaching 18 years of age. This is possible on the basis of Article 21 of the Civil Code of the Russian Federation when a minor enters into marriage or if he works from the age of 16 to employment contract or engaged entrepreneurial activity. In the case of obtaining full legal capacity, the child himself must be responsible for his actions, conclude transactions on his own, sell / buy property, etc.
Coming of age. No further explanations are required here, each person becomes automatically capable from the age of 18.

If the children do not have any income or property, then the parent who lives separately also bears responsibility for it. However, such a parent has the right to challenge his responsibility for the child if, due to the fault of the other parent, he was not able to raise and communicate with the child, or he could not communicate with the child for other reasons (for example, due to a serious and prolonged illness ).

Recourse claim for harm caused by children

It is important to note that parents who have paid damages for their children do not have the authority to later demand compensation from their children for this (that is, they have no right of recourse). Such a requirement does not arise from parents even after the child turns 18 years old. Do not acquire the right of recourse and other persons who have compensated the damage for the child - guardians, representatives of educational and educational institutions.

With regard to moral damage, the victim can also demand compensation for moral compensation from the parents of a minor (under 14 years old). However, if the harm was committed by a citizen from 14 to 18 years old, then he must at his own expense.

The obligation to compensate the injured citizen for moral damage arises from parents or guardians only if the child does not have enough income or there is no property, the cost of which can cover the debt.

A citizen is considered incompetent who, due to his age or other reasons, cannot exercise his rights.

Incapacitated children include children who have not reached the age of majority, that is, those who are under the care of their parents or legal guardians.

In addition to children who are not able to exercise their rights according to age, there is another group of people who belonging to the asocial category, that is, by virtue of his mental or physical condition unable to fully appreciate the importance of their legal acts and other acts.

Attention! You will have to defend your rights in court. Claims for damages not exceeding one hundred thousand rubles are considered in the world court.

The claim is filed with the district court at the place of residence. It is recommended that you provide the following information:

the name of the court;
the initials of the plaintiff or his legal representative, as well as the address of residence;
initials of the respondent and address of his residence;
essence of the claim;
the main evidence of guilt and claims of the plaintiff;
the amount of damage;
documents confirming the guilt of the defendant;
a document proving payment of the state fee;
signature of the plaintiff or his representative.

Further the case will be heard by the court and make the appropriate decision to hold parents and guardians accountable.

If a forensic medical examination is necessary, it will also be carried out to establish the guilt of the defendant.

If we are talking about the guilt of a teenager from 14 to 18 years old, then the court will consider the case and make a decision on a general basis. However, in the absence of income and proof of guilt of the minor, the losses will be reimbursed by the parents of the teenager.

If it's about compensation for damage from a group of persons, then in the statement of claim it is necessary to indicate all the participants in what happened, unless of course the victim knows these persons. Parents of minors involved in causing harm will be held accountable.

In order to hold accountable guardians responsible for a disabled citizen, the victim must follow the same algorithm, starting an appeal to the district court at the place of residence by writing statement of claim and defending their interests in court.

Conclusion

Often there are controversial situations, swinging compensation for harm associated with incompetent and minor persons. According to the law, it will not be possible to recover damages from these categories of citizens. Parents and guardians are responsible for the actions of minors and incapacitated persons, therefore it is from them that you can receive compensation for damages.

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