Every person has their own rightsensuring its normal life and development. There are no exceptions and children who need diverse support from parents and the state. Such questions are regulated by law. Property rights of children approved by the Family and Civil Codes. There are written and the rules for the protection of their interests.
The law states that children have the rightto a normal level of accommodation, thereby ensuring their development. To create the necessary conditions need material costs. The obligation to provide for minors is reserved for parents who are responsible for the financial maintenance of the law.
Art. 60 of the RF IC includes a list of property rights of children:
Parental home for children is considered reliable.a place where there is not only psychological support, but also material. If any property rights of children are violated, then it is punishable by law. The state protects the interests of minors.
The property rights of the child in the family suggestobtaining financial security from parents or other adults who are legally responsible for it. The size of the content stated in section 5 of the RF IC. In the case of divorce, child support payments are made, which are paid by the parent who is not living with the child.
Property rights of children involve the payment of the following payments:
Родители должны исполнять обязанности по disposal of funds that are intended for children. Such measures are approved to protect against violations and abuses. For example, unscrupulous parents spend money on personal goals that do not relate to the upbringing and development of minors.
To protect the rights of children, in art.60 of the RF IC approved that with the claim of the alimony payer the judge may establish a mandatory transfer of no more than 50% of the amount to the settlement accounts. They are opened in banks for minor children. This decision is made by the court at the request of the payer, taking into account the interests of the child.
Property rights of children suggest that theymay be the owners of personal income, property. The child may receive the property by inheritance, as a gift, under the contract of sale. In practice, there are other types of relationships in which property can pass into possession. For example, housing can become the property of privatization. Parental home passes to children by inheritance.
Во владение может быть оформлено то помещение, в which only minors live. If the child is under 14 years old, then privatization is carried out on the basis of the application of the parents with the permission of the guardianship authorities. A dwelling in which only a minor of 14 years of age lives will be taken over on the basis of a statement by a teenager. Only parents and guardianship authorities must give their consent to this.
If the children did not have parents because ofdeath or other factors, the guardianship must within 3 months draw up documents on the transfer of housing in the possession of the child. The property rights of minor children relating to the disposal of property shall be determined by civil capacity.
Capacity of children approved in CivilCode of the Russian Federation, determined by age. Up to 6 years there is no civil capacity, therefore there is no possibility to dispose of the property without the consent of the representatives. From 6 to 14 years, limited civil capacity exists, so you can make small household transactions. These include the purchase of food, school meals.
Малолетний может совершать сделки, которые не require notarization and state registration. Children have the right to handle the money provided by their parents. Funds may be issued to minors for specific purposes. This means that capacity is limited. Other transactions are made with parents. Legal representatives are responsible for the harm caused by children.
Extended from 14 to 18 years oldcapacity, therefore it is possible to carry out small household transactions, manage your money, scholarship. Minors of this age may be engaged in the implementation of copyright. They are entitled to deposits in 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. Teenagers from 14 years are financially responsible for the harm caused.
По закону дети не могут иметь права собственности on the property of the parents, and they are not entitled to establish ownership of the property of the child. But still living together children and parents 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. Ownership and disposal of property is approved in a general manner.
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:
Disposal of property is a legal right. When it is infringed, violators are subject to liability.
Many transactions are carried out with the consent of the parents,which must be written permission. If this requirement is violated, the transaction through the court may be invalidated. Consent to her assumes that the representative of the minor has familiarized himself with the conditions and also has learned about the consequences.
Родители не могут проводить сделки, из-за которых reduced child property. The permission of the senior is necessary at registration of the contract of sale, exchange, donation. 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 minor’s bank account. Later he can use these tools. The benefits received are transferred to parents who must spend them on the needs of their children.
There are not only personal property rights of parents and children, but also non-property rights. From the moment of birth, the interests of a person are protected by the state. The child is entitled to:
These are just basic rights, in fact there are more.Their security lies with the parents and the state. An important task is the protection of interests. The main aspects of these issues are included in the legislation.
Child Protection Policyincluded in the regulations. The main one is the Constitution. Protection of property rights of children, as well as non-property rights, is necessary to maintain order. The law outlines provisions that protect children from abuse by adults.
Since the upbringing of minorsinvolved by parents or legal representatives, it is important to protect the child from their abuse. When children are abused by adults, they can complain to the care authorities. From the age of 14 there is the possibility of going to court.
Protection of the interests of the child is carried out by the mother andfather But in some situations, such powers are vested in the guardianship. This happens when parents are deprived of the rights to raise children. They may be incapacitated or abused alcohol. Social protection of the interests of minors is carried out by officials and other citizens. If there is a threat to the life or health of the child, then it is necessary to say this to the employees of the guardianship authorities. This phenomenon must be eliminated.
The protection of children's interests is controlled by the Criminalby code. According to art. 156 defines the responsibility for failure to fulfill the obligations of upbringing, if there was cruel treatment of a minor. Such actions include humiliation, beatings, deprivation of food. Guardianship authorities monitor the performance of parents of their duties. If their failure is found, the responsible persons are punished.
При нарушении прав ребенка, который находится на In the care of an educational institution, caregivers and management are responsible for this. A fine may be imposed, a restriction of liberty is established. Sometimes it is decided to deprive the position. Because of the cruel treatment of parents may deprive the rights of raising a child.
Protection of the interests of children is also provided by law enforcement agencies. These include the prosecutor's office and the ATS. This work is performed by the following methods:
ATS are also working on the execution of decisionsrelated to the search for persons evading the obligation to raise children. Employees of bodies carry out preventive work with parents. The protection of the interests of children in Russia is carried out by a special commission. She makes claims demanding the restriction and deprivation of parental rights. Employees also take measures to restore the rights of children, prepare information for the court, control education.
Children's rights are among the most important in the country,therefore, they are strictly controlled. With their provision, minors can fully develop. The protection of rights is controlled by the UN, which works on the basis of the Convention. Russia sends to the committee information on the situation of children in the country. Therefore, all difficult situations in which minors find themselves must be eliminated.
