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The main influence on the actions of the child is exerted by his parents (guardians and trustees), therefore, even with the consequences of illegal actions, the whole family has to respond together. So, depending on the nature of the offense committed, the responsibility of parents for minor children under the article of administrative, criminal or civil legislation is allowed. In addition, the application of each type of punishment provides for the mandatory study of the atmosphere in the family and the procedure for the parents to fulfill their duties.

Can parents be punished for the delinquency of minor children?

The only punishment that adults can serve instead of children is for harm.. This rule implies mandatory compensation for material damage to the injured party under the Civil Code.

But there are several significant features of how parents can be responsible for the actions of their child:

for misdemeanors of juvenile citizens, that is, persons under the age of 14, due to the fact that they are incapacitated, adults pay in full;
after reaching the age of 14, minors can officially get a part-time job, so parents will only compensate for the harm if the child has no sources of income;
the obligation to make payments is removed from adults if, at the time of the commission of the crime, the juvenile offender was under the temporary care of an educational or other institution.

In addition, according to the latest changes in the legislation, the enforcement of payment for the harm caused can also fall on those mothers and fathers who are deprived of parental rights. The law argues the norm by the fact that the reason for such actions of the offender was family education.

Administrative and criminal liability

Administrative and criminal penalties for offenses are applied to the same extent in the field of alimony compensation in favor of babies. Depending on the reasons for non-payment, as well as the number of violations committed, the composition of a criminal or administrative offense is established.

beatings and physical injuries;
insufficient provision of food products necessary to maintain the body in a healthy state;
evasion medical care if required.

It is also important to take into account that any adult, regardless of the presence of kinship, who commits these actions against a minor, can become the subject of a crime.

Often, parents themselves force the child to illegal actions. And for this, there is also a separate responsibility. In particular, the composition of a criminal offense implies coercion of a child to commit crimes or complicity in them.

Additionally, the Code of Administrative Offenses of the Russian Federation provides for sanctions against persons who drink alcohol together with minors. Consideration of the protocols is carried out by the administrative commission, which has the right to initiate the process of depriving adults of parental rights.

Responsibilities under family law

Articles of the Family Code of Russia provide a list of the main duties that are assigned to adults raising children of any age. This list is not specific, but only defines the areas of family and public life in which mom and dad should take an equal part.

Important! For repeated violation of the established order of upbringing, adults may be partially deprived of parental rights. With systematic evasion of their duties legal status relationship ends completely.

So, the main areas of life in which adult relatives must necessarily participate include:

financial support, that is, providing the child with housing and food, clothing, personal hygiene products and other necessary Everyday life things;
emotional education, that is, teaching the rules of behavior in society, as well as assistance in socialization and independent personal development;
comprehensive education, which includes attendance kindergarten and schools, as well as additional hobby groups;
legal protection of the child is necessary if it becomes necessary for the child to participate in litigation or law enforcement proceedings.

Considering that parents carry out the comprehensive development of the child from birth, then the violation of generally accepted rules of behavior is a flaw in adults. Therefore, all successful attempts to cause material harm to the baby entail financial losses for adults.

Punishment for improper upbringing

Termination of parental rights is a last resort. Previously, the norms of administrative punishment should be applied to negligent adults. The Administrative Code provides for several types of legal parental responsibility. So, evasion from fulfilling one's duties, which affected the commission of an offense by a child brought up, entails the application of penalties. The norm of the article regards this as inaction on the part of the parents.

Another article is related to the evasion of the material maintenance of the child, namely, the payment of alimony. This year, a new bill was adopted in Ukraine, which greatly simplifies the procedure for collecting alimony. Such changes should lead to a decrease in the number of persistent offenders. In Kazakhstan, as in Russia, the systematic reluctance to financially support one's child is fraught with the initiation of criminal proceedings against the parent.

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 Russian Federation parents have the same duty 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). concept abuse in the context of the issue under consideration, it is quite extensive - this is beating a child, and ignoring the requirements of the attending physician by guardians, and absence from the house necessary products to maintain the child's body in a normal state, etc. Thus, child abuse is a qualifying feature that allows parents to apply measures of criminal rather than administrative influence. 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.

Parents are responsible for their children. This is an axiom that does not require proof. But what types of obligations for the deeds of their child can be applied to parents, and in what situations this can be feasible, we will try to understand together.

State position

Children are a continuation of the family. And it will depend only on the parents themselves whether they can be proud of their children as the bearer of a surname or constantly justify the behavior of their child with their irresponsible attitude towards his upbringing. If we rely on the current legislation of the Russian Federation, then we can trace some position of the state on this issue:

Article 38 of the Constitution of the Russian Federation states that parents have duties to their children for their upbringing and education.
Article 65 of the RF IC states that parents are free to choose the methods and means of raising their child.

To summarize these provisions, the state does not impose a certain standard of education on parents. This is due to the fact that all children are, first of all, individuals, and each child needs a purely individual approach. But this also does not remove responsibility from negligent parents when education is not carried out in the proper way, when children are forced to develop independently due to the lack of education as such. Parents may be responsible for minor children not only to their own conscience, but also directly to state and private property. The following types of liability may apply:

Disciplinary.
Administrative.
Civil.
Criminal.

All these types of guarantee for the actions of a child can be applied not only to biological parents, but also to his legal representatives in the form of foster parents or trustees. True, in the latter case, there are some restrictions, as indicated by the Federal Law - No. 48 of April 24, 2008. Important information: educators, teachers, teachers and other teaching staff do not bear guarantees for someone else's child, obligations for damages must be applied to legal entity, that is, the institution in which the child is located. Are minors responsible for their actions? In this situation, the answer is also positive, although it is worth noting the fact that bringing a child to criminal or administrative liability occurs only from the age of 16 years. However, in the most critical situations, the age limit can be reduced to 14 years, which is regulated by articles 20, 105 and 111 of the Criminal Code of the Russian Federation. Obligations for discipline should apply to the child if he is employed on an official basis. But the civil form of obligations for children occurs in cases of intentional or unintentional damage to someone else's property: broken glass, a scratched car, damage to honor and dignity, a stolen thing and other violations. In these cases, the parents themselves or by decision of the court must fully compensate for all the harm caused. In situations where the child is over 14 years old at the time of the act, he must independently compensate for the damage caused, but if the child does not have official source earnings or property, then and then official representatives you will have to go through all the moral hardships and hardships, as well as bear material responsibility for the misdeeds of your prankster. Such cases can be considered by the district court, the justice of the peace does not have the competence to decide on such cases.

statute of limitations

What measure can be chosen as punishment for a long-accomplished deed? The following timelines should be followed:

Minor crimes or offenses - 2 years.
Crimes of average gravity - 6 years.
Serious crimes - 10 years.
Especially serious crimes - 15 years.

After the expiration of these terms, a minor citizen of the Russian Federation or his legal representatives, at the legislative level, should not be held liable in any way. The reference point of time begins from the moment the offense was committed, which is stipulated by Article 9 of the Criminal Code of the Russian Federation. However, there is no statute of limitations for committing a terrorist act.

Conclusion

It is worth remembering that the child is not responsible for the parents. If you have a child, then you are obliged to raise him, and you are responsible for him before other people, the state and, finally, before yourself. Such cases rarely reach the court, but are resolved out of court or considered by a special commission on juvenile affairs. But no one is immune from the occurrence of critical situations! Therefore, if responsibility for children needs professional legal protection for more high level, then it is most reasonable to contact the Legal Expert company. Parents are responsible for the correct and timely performance of parental duties and the behavior of their minor children.