Each person has his own rights, ensuring his normal life and development. Children who need comprehensive support from parents and the state are no exception. Such issues are regulated by law. Children's property rights are approved by the Family and Civil Codes. There are spelled out and the rules for protecting their interests.
Types of Rights
The law says that children have the right to a normal standard of living, which ensures their development. To create the necessary conditions, material costs are needed. The obligation to provide minors remains with the parents who are responsible for the financial maintenance of the law.
Art. 60 SK RF includes a list of property rights of children:
- material content;
- income;
- inherited property as a gift;
- valuables purchased with the personal money of the child;
- possession and use of property of parents.
Parental home for children is considered a reliable place where there is not only psychological support, but also material. If some property rights of children are violated, then this is punishable by law. The state ensures the protection of the interests of minors.
Content
The property rights of the child in the family involve receiving financial security from parents or other adults who are legally responsible for this. The size of the content is discussed in Section 5 of the RF IC. In the event of a divorce, children are entitled to alimony paid by a parent who does not live with the child.
The law establishes ownership of payments. Alimony, benefits, pensions must be adequate to ensure a normal life for the child. Such payments are used not by children, but by parents. The funds received are spent on the necessary goals: upbringing, maintenance, education.
Required Payments
Children's property rights include the payment of the following payments:
- alimony;
- disability pension, breadwinner;
- government benefits.
Parents must fulfill the responsibilities for disposing of funds intended for children. Such measures are approved to protect against violations and abuses. For example, unscrupulous parents spend money on personal goals that are not related to the upbringing, development of minors.
To protect the rights of children, in Art. 60 of the IC of the Russian Federation, it is stated that with a lawsuit by a payer of alimony, a judge can establish a mandatory transfer of not more than 50% of the amount to current accounts. They are opened in banks for minor children. Such a decision is made by the court at the request of the payer, taking into account the interests of the child.
Income and property
Property rights of children suggest that they can be owners of personal income, property. A child can receive property by inheritance, as a gift, under a contract of sale. In practice, there are other types of relations by which property can be transferred into ownership. For example, housing may become privatization property. The parental house passes to children by inheritance.
The possession may be issued the room in which only minors live. If the child is not 14 years old, then privatization is carried out on the basis of the application of the parents with the permission of the guardianship authorities. Housing in which only a minor from 14 years old lives is transferred to the property on the basis of a statement from a teenager. Only parents and guardianship authorities must give their consent.
If the children did not have parents due to death or due to other factors, then the guardianship authorities must, within 3 months, draw up documents on the transfer of housing into the possession of the child. The property rights of minor children relating to the disposal of property are determined by civil legal capacity.
Child capacity
The legal capacity of children, approved in the Civil Code of the Russian Federation, is determined by age. Until 6 years of age there is no civil legal capacity, therefore there is no possibility of disposing of property without the consent of representatives. From 6 to 14 years of age, there is limited civil legal capacity, so you can make small domestic transactions. These include the acquisition of products, school meals.
A minor may make transactions that do not require notarization and state registration. Children have the right to handle money provided by their parents. Funds may be issued to minors for specific purposes. This means that legal capacity is limited. Other transactions are made with parents. Legal representatives are responsible for harm caused by children.
From 14 to 18 years of age, extended legal capacity is in effect, so it is possible to carry out small household transactions, manage your money, and scholarship. Minors of this age may exercise copyright. They are entitled to deposits with credit institutions. The remaining transactions are made with the written permission of the parents. And when this rule is violated, the committed actions are considered invalid. Teens from 14 years of age are financially responsible for the harm caused.
Ownership and use of property
According to the law, children cannot have ownership of the property of the parents, and they are not entitled to establish ownership of the property of the child. But still, children and parents living together have the right to own and use each other’s property. If the property is common, then the property rights of parents and children arise. Possession and disposal of property is approved in a general manner.
Disposition of property
The child has ownership of the property. He can manage his things. Almost all transactions can be made with parents. The exception includes a small list of actions that can be performed independently:
- small household transactions;
- gratuitous receipt of benefits, which does not require notarization;
- disposal of money provided by parents or other relatives.
Disposal of property is a legal right. When it is infringed, violators are liable.
Conducting transactions
Many transactions are carried out with the consent of the parents, who must draw up written permission. If this requirement is violated, the transaction through the court may be declared invalid. Consent to it assumes that the representative of the minor has become familiar with the conditions, and also learned about the consequences.
Parents can not conduct transactions, because of which the property of the child is reduced. The permission of the elders is necessary when drawing up the contract of sale, exchange, gift. The document is also needed for operations with privatized meters where children live. When performing transactions with real estate where the child lives, the funds received are transferred to the bank account of the minor. Later, he can use these funds. The benefits received are transferred to the parents, who must spend them on the needs of the children.
Basic rights
There are not only personal property rights of parents, children, but also non-property. From the moment of birth, human interests are protected by the state. The child has the right to:
- surname, name, patronymic;
- family upbringing;
- communication with relatives;
- change of surname and name;
- property;
- advocacy;
- medical assistance;
- personal opinion;
- education.
These are just basic rights, in fact there are more. Their support lies with the parents and the state. An important task is to protect interests. The main aspects of these issues are included in the law.
Protection of rights
Rules to ensure the protection of the interests of children are included in regulatory enactments. The main one is the Constitution. Protection of children's property rights, as well as non-property rights, is necessary to maintain order. The law outlines provisions that protect children from adult abuse.
Since parents or legal representatives are involved in the upbringing of minors, it is important to protect the child from abuse. When children are abused by adults, they may complain to the guardianship authorities. From the age of 14, there is the possibility of going to court.
Parents and other citizens
The interests of the child are protected by the mother and father. But in some situations, such powers are vested in the guardianship authorities. This happens when parents are deprived of the right to raise children. They may be incapacitated or abuse alcohol. Social protection of the interests of minors is carried out by officials and other citizens. If there is a threat to the life and health of the child, then it is necessary to tell the guardianship authorities about this. This phenomenon must be eliminated.
Criminal liability
Protecting the interests of children is controlled by the Criminal Code. According to Art. 156, liability for failure to fulfill parental obligations is determined if there has been abuse of a minor. Such actions include humiliation, beating, deprivation of food. Guardianship authorities monitor the fulfillment by parents of their duties. If their non-fulfillment is discovered, then the responsible persons are punished.
In case of violation of the rights of a child who is in the care of an educational institution, educators and management are responsible for this. A fine may be imposed, a restriction of freedom may be established. Sometimes a decision is made to resign. Parents may be deprived of parental rights due to child abuse.
Activities of the prosecutor's office and police department
Protection of the interests of children is also provided by law enforcement agencies. These include the prosecutor's office and the police department. This work is performed by the following methods:
- filing a claim for the deprivation of parental rights;
- participation in the hearing;
- warning of a possible violation of the rights of the child;
- filing an application for the restoration of a violated right;
- protest of acts of administrative bodies.
ATS also work on the implementation of decisions related to the search for persons evading the obligation to raise children. Employees of the authorities carry out preventive work with parents. The interests of children in Russia are protected by a special commission. She brings lawsuits demanding restriction and deprivation of parental rights. Also, employees are taking measures to restore children's rights , preparing information for the court, monitoring education.
Children's rights are among the most important in the country, therefore they are strictly controlled. With their provision, minors can fully develop. Protection of rights is controlled by the UN, which operates on the basis of the Convention. Russia passes to the committee information on the situation of children in the country. Therefore, all the difficult situations in which minors find themselves must be eliminated.