In modern legislation there are manyconcepts. Among them - "young child", as well as "minor". These terms are similar in meaning, but have differences. Until what age a young child has a similar status? Under Russian law - up to 14 years, and from 14 to 18 years - minors. It turns out that from 6 to 14 years old - minors.
These categories of citizens have rights andduties that are protected by law. They can use medical services, receive education, develop, rest. Until the age of 18, the responsibility for their actions lies with their parents. Only after the age of citizenship is the citizen responsible for his actions, and also ensures the rights.
Who is called a child?
Термин «ребенок» существует в законодательстве.They are considered to be a person under 18 years of age. It turns out that a person will be a child from birth to this period. He is endowed with rights and responsibilities depending on his status. But in some cases, a citizen is not recognized as a child under 18 years of age.
When emancipated in the Civil Code,A person of 16 years is considered legally capable if he is employed under an employment contract with the consent of the parents. Also an exception is marriage under 18 years. The capacity of minors is fixed in Art. 28 of the Civil Code.
Categories of children
Juveniles and minors are children under 18years old. These categories of citizens have their rights. The concept of "minor" implies age from birth to 14 years. His rights and obligations are included in various legislative documents. A minor is a child from 14 to 18 years.
These categories of persons may have different rights andduties. A child is declared incapacitated before the age of 14, and therefore parents are responsible for it. After this age, partial disability arises, so you can make small deals, and from 18 comes absolute disability.
Basic rights
The family code of the Russian Federation includes all the rights of minorschildren who must be observed. The main thing is the necessity of the life of all children in the family. The child has the right to parenting, protection of interests, development, respect. If there is no mom and dad, then the legal representative of a minor child performs their function. This may be a guardian, a guardian.
There is the right of the child to communicate with parents. No one can forbid him to see his relatives. This also applies to cases of divorce parents. The child is protected from the abuse of relatives.
Important is the right to name, patronymic, surname.To change these data up to 14 years is possible only with the consent of the parents. If a minor is 10 years old, then such information is changed only with his consent. He can express his opinion on a question that concerns him, therefore he is invited to be heard before a court.
When a violation of the interests of the child occurs,he can apply to the guardianship authorities, and from the age of 14 he can go to court. This also applies to cases of non-compliance by parents of duties, abuse of their rights, improper execution of education. The minor has the right to protection from information that is detrimental to health and moral development.
There are separate labor rights.baby It is impossible to work until the age of 14, and after reaching this age only partially, but if desired, and with the consent of the parents. At the same time, work is prohibited on weekends, at night. Work must be done.
Property interests
Until what age a young child has the rightto provide from parents? Mother and father should provide it financially till 18 years. With a divorce, child support is paid, and after the death of at least one of the parents - a pension. Also laid benefits, with any income spent on all the needs for the child needs.
Court based on the requirement of the parent who payschild support may decide on the transfer of funds not more than half the amount of child support to the child’s accounts. He can receive income, property as a gift or by inheritance. The child has no ownership of the property of the parents, as he uses it by consent.
Education
This is ensured by the Constitution as wellfederal documents. The right to education is one of the main ones, so children are accepted in educational institutions. It is important to respect all interests:
- education based on accepted standards;
- fast course;
- free use by libraries and other information sources;
- obtaining additional education;
- participation in the management of educational institutions;
- obtaining basic general education in their own language;
- transfer to another institution with the consent of the parents;
- leaving the institution with the consent of the parents;
- continuing education;
- the choice of the form of education.
Until what age a young child shouldto get an education? There is no specific time period, but the basic minimum is the basic general education. The rest is optional. The legal status of children allows you to get a full secondary education for free. For the upbringing in the preschool there is a fee. Secondary vocational and higher education can be paid and free.
Medical services
In the area of health, minors enjoy the following benefits:
- treatment in a dispensary;
- medical and social assistance;
- sanitary education;
- obtaining health information.
Until what age a young child getsmedical care with parental consent? This happens up to 14 years. And from 15 to 18 years, children can agree to intervene in the health of physicians, as well as refuse it.
Rest and recuperation
The child can relax in the summer wellnessinstitutions. Parents buy a ticket themselves, and then apply for compensation for the amount spent. Each subject has its own interest payment. The state provides subsidies for:
- vouchers for recovery;
- nutrition of children in the camps;
- travel by transport.
Parents must apply to the local authorities for reimbursement of such expenses. In many cases, at least part of the funds can be returned.
Being at night
There is a ban on the stay of children at night in public places:
- on the streets;
- at the stadiums;
- in parks;
- in squares;
- in public transport.
Также им запрещено появляться в местах catering and trade. They can only appear there with parents or other senior persons. Night time for children begins at 10 pm and ends at 6 am. In each subject, the time spent may vary depending on the season and the danger of the region.
Juvenile capacity
About the capacity of minors said in Art.28 of the Civil Code. This term implies independent actions in the conclusion of transactions. If not yet 14 years old, then such cases are committed with adults. From 6 to 14 years old children have the right to perform the following actions:
- small deals;
- actions for gratuitous benefits;
- disposal of money with the consent of the parents.
Capacity from 14 to 18 years
Children 14-18 years old already have some civilindependence. They can dispose of personal income: salary, scholarship, and this does not need parental consent. The same applies to the opening of bank accounts and deposits, the implementation of copyright, and small transactions.
But still the capacity is not complete.They can not marry without the consent of the parents, as well as enter into large transactions, for example, the purchase of real estate. They themselves are responsible for this. A child under 18 may not participate in elections, or drive or occupy a position. Similar rules are fixed in the legislation.
Payments to minors
A family with minors has the right to enjoy benefits from the state. This is required for the material improvement of family life. Benefits include:
- tax deduction: put on the payment of 1,400 rubles for each child;
- single parents: receive large payments;
- disabled child: laid payments for treatment and maintenance;
- Employment of women: for moms raising children from 3 to 14 years, overtime work, travel;
- large families: if there are more than 3 children in a family, then a reduction in the size of the rent for 30%, free travel on public transport, bank benefits, etc. are provided.
Social benefits are needed to support the family, improve material comfort.
Minor residence
Дети должны проживать со своими родителями, guardians, adoptive parents. If there are none, then they are in a special children's institution. A child can live separately from caregivers when treatment occurs. After 14 years you can choose your place of residence, but with the permission of the parents.
Separate parents is importantagree on the place of residence of minors. When it cannot be done in a peaceful way, this is decided by the judicial authorities. According to art. 65 of the Family Code takes into account the views of children. The court must take into account the interests of the minor, taking into account the following factors:
- personal qualities of parents;
- their work schedule;
- wealth;
- marital status;
- relationship with a child;
- the presence of other children;
- parental health;
- finding a home from an educational institution;
- Opinion child over 10 years.
The court selects the place of residence for the child withthat parent who is able to provide normal conditions for life, education and development. The solution of this issue by agreement is the most favorable way, since it does not harm the juvenile. It is advisable to notarize the document. In the absence of parents, the state assumes all responsibilities. This is regulated by the Family Code of the Russian Federation. And it controls the guardianship authorities.
Age of majority
A person after 18 years of age is recognized as an adult,since he can independently control his rights, fulfill his duties, and also be responsible for his actions. It turns out that he becomes capable.
From the age of 18, a citizen has the right to drive a car, to get married, to get a job, to participate in elections. He also has administrative, criminal, civil liability.
Full legal capacity
Although the majority means capacity,A citizen does not have all the possibilities. For example, the right to vote is manifested only passively: it can elect, but not be elected, since the ballot starts at age 21.
To take part in presidential elections,must wait for 35 years. As a result, full capacity appears later. But this applies only to certain areas of life in which a minority participates.
Age of 18
Not always the age of majority is determined by years. There are 2 factors in which it comes before:
- marriage;
- emancipation.
Хоть по Семейному кодексу брачный период comes with age, yet there are special cases when marrying can be resolved from the age of 16. Capacity comes with formal employment or opening your own business.
Therefore, capacity is not necessarily set from 18 years. When assigning this status, many vital factors are taken into account. Depending on this, a citizen acquires rights and duties.
The rights of the child are monitored by the guardianship authoritiesIf there are any violations on the part of parents or other persons, employees can go to court or to the prosecutor’s office. This is how the child’s interests are ensured.
