Protection of the rights and legitimate interests of the child in the Russian Federation

Until recently, protection of the rights of minors was ensured based on the fact of their violation. Since 1998, prevention and an individual approach have become of great importance.

The updating of legal acts and the creation of new organizations responsible for regulating this area have made it possible to take the protection of the legitimate interests of children to a new level.

Let us take a closer look at how the legal protection of minors is provided now.

Legislative framework of the Russian Federation

The legislation of the Russian Federation places the protection of children's rights in a separate category. Special bodies are vested with special powers to prevent possible illegal acts against minors. Their actions are regulated by the following regulations:

• Convention on the Rights of the Child;
• Constitution of the Russian Federation;
• Family code;
• Civil Code;
• Housing Code;
• Labor Code;
• Guardianship Law;
• Government Resolution No. 423.

This list of regulations is not exhaustive. A large number of documents devoted to this topic are due to the fact that due to physical and psychological immaturity, it is difficult for a minor to independently provide protection.

Responsible persons

The main function of protecting children's rights rests with their parents/legal representatives. If their actions are not enough or they do not fulfill their obligations properly, then municipal, law enforcement and judicial authorities come to the rescue.

In addition, the legislator obliges every citizen or official who learns of a violation of children's rights or abuse of a child to immediately report it to specialized authorities. Regulatory acts establish short deadlines for checking each incoming signal, no more than 3 days.

• medical institutions;
• law enforcement agencies;
• educational organizations;
• social services.

Medical institutions must monitor the safety of preschool children. Educational organizations – ensure the protection of minor students. Law enforcement agencies - respond to received signals of violation of children's rights. Social services are obliged to provide assistance to families in difficult situations.

Parents' powers in this area

• contact specialized authorities to provide for the needs of the child (registry office, migration service, clinic and others);
• ensure that education is received in the proper form and according to the program recommended for health reasons;
• protect violated rights through appeals to the municipal guardianship department, police, prosecutor's office, and court.

Until the child reaches the age of fourteen, the mother and father fully represent his interests in communication with government agencies. In addition, they are responsible for providing minors with everything necessary for full development (food, clothing, housing, toys).

After 14 years of age, the rights of a minor and their protection are ensured by the parents, together with him. The child cannot sell without their consent, and mom and dad do not have the right to independently make decisions regarding issues directly related to the minor and his property.

Committee on the Rights of the Child

The Committee on the Rights of Minors is an international organization that monitors the implementation of the Convention on the Rights of the Child. This regulation has been ratified by the vast majority of countries in the world.

Committee sessions are held in Geneva at least 3 times a year. The organization’s experts regulate the activities of their representative offices in different countries.

Each country participating in the committee must establish a new specialist - an Ombudsman. To protect the rights of children in Russia, the position of the Commissioner for Children's Rights of the Russian Federation has been approved.

The Ombudsman is not part of the system of law enforcement and social bodies of the Russian Federation. It is not a substitute for court or guardianship. The main focus of his activities is the protection of the rights of minors. The Commissioner for Children's Rights resolves not only general issues (compliance of legislative acts with the interests of children), but also private ones (personal complaints of citizens).

Places to seek help

If a violation of children's interests is established, measures must be taken to ensure the safety of the minor and protect his rights. To do this, you need to determine who the violator is. The danger may be:

• legal representatives;
• strangers;
• officials of educational organizations and teachers;
• students.

If mom, dad, guardians, adoptive parents or adoptive parents commit physical, emotional or sexual violence against a minor, the person who establishes this fact is obliged to report this to the territorial police department. Once the information is confirmed, the child is transferred to the care of the municipal guardianship authority.

Conflicts between officials of the educational organization, teachers and minors are under the control of the school management. If the director refuses to facilitate the restoration of violated rights, the legal representative has the right to appeal to a higher authority, the prosecutor's office, or the regional Ministry of Education.

If the interests of the child are violated by other students, social teachers of the educational organization, the school director, the inspector for minors, the KDN and the ZP will come to the rescue. Since, due to psychological immaturity, students cannot always resolve a personal conflict on their own, parents and teachers should provide maximum support in resolving a difficult issue.

Protecting children's rights in education

The right to free general education is enshrined in law, but violations in this area are very widespread. Even if the minor takes all possible measures for proper education, officials of the educational institution may require payment of financial contributions. Typically they are intended for:

• purchasing educational materials;
• repair;
• purchasing water;
• purchases of school uniforms and other expenses not related to the learning process.

Important! Demanding payment of funds from officials of an educational organization, teachers and parent committees is illegal. If, due to non-payment, obstacles are placed in the process of acquiring knowledge for the child, it is necessary to contact the prosecutor's office.

Another common violation of children's rights at school is insults from teachers. Such situations are resolved step by step. The legal representative must act as follows:

• conversation with the offender;
• if there is no result - a written complaint addressed to the director;
• if there is no answer, an application to the regional Ministry of Education;
• if the result is negative, contact the prosecutor’s office;
• An additional measure may be an application addressed to the Ombudsman for Children's Rights.

If a minor has to continue his studies at this institution, legal representatives need to be tactful. The next step should be taken only if the previous one did not give a positive result. Simultaneous appeal to all departments can cause a bad attitude towards the child on the part of teachers.

Protection of the rights of a minor violated in the family

Very often a child has to be protected from precisely the people who are supposed to provide his protection. The problem of early detection of abuse in the family is acute for specialized authorities.

Legal representatives often endanger the life and health of minors, as well as their property. A special feature of these offenses is their difficulty in identifying. Conflicts occurring in the family are closed from prying eyes. This creates additional danger for the child.

The child’s right to protection from his parents is ensured by the guardianship authority and the territorial police department, depending on the severity of the violation committed. Any messages must be checked by a juvenile affairs inspector immediately and by guardianship specialists within 3 days.

As part of the inspection, a survey of living conditions is carried out. If problems are identified, for example, the child is an orphan or disabled, specialists must assess his safety and take measures based on the situation.

Application to social security authorities

In the system of social protection of the population of the Russian Federation, there are specialized bodies responsible for protecting the rights of minors. This is guardianship and trusteeship.

The legislation of the Russian Federation has transferred the powers of guardianship to municipal authorities for execution. Thus, each administrative region has its own department.

The exercise of powers is carried out on the declarative principle. If the legal representative needs a document to protect the property rights of a minor, you need to contact the department at the place of registration of the child or the location of the property. If children's rights are violated by parents/guardians, then any citizen can report this to the guardianship authority.

Ensuring children's rights is the responsibility of parents, other citizens, state and public bodies. This multi-stage system is due to the defenselessness of minors. In order to protect minors, legal acts provide for liability for violating the rights of children more severely than for adult citizens.

Source: https://FamAdviser.ru/polnomochija/juvenalnaja/zashchita-prav-rebenka.html

Protection of the rights and interests of children: how to ensure

In a civilized state, citizens are granted rights protected by law. Often, minor citizens, for various reasons, cannot or are afraid to report to specialized bodies with a request to protect their violated rights.

Protecting the rights and interests of children in many civilized countries is a priority task.

The world community has a number of legislative acts that ensure the safety of minors, as well as the protection of legal rights.

What rights does a child have?

The rights of the child are protected by law in any modern and developed state, as well as by a number of international legal acts.

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The following rights of a minor can be noted:

Receiving full name

After the birth of the baby, he is given a name by mutual decision of the parents, and the patronymic of the newborn is given the name of the biological father. By agreement of the parents, a surname is chosen if at the time of registration of official relations between the spouses it did not change to one common one.

If a dispute arises about choosing a surname for the baby, it is possible to contact the guardianship and trusteeship authority in order to resolve the contradictions.

Family education

A minor is given the right to freely maintain communication with each of his parents, even in the event of divorce and separate residence.

The interests of a minor should not be infringed under any circumstances.

The guardianship and trusteeship authority or the court may prohibit a dysfunctional parent from communicating with their child if this violates the child’s rights and their protection is necessary.

Protection from attacks on legal rights and interests

Regardless of age, everyone has the right to legal rights. The protection of children's rights in Russia rests primarily with their parents or legal representatives.

If for some reason the child’s parents no longer exist, then in this case the state assumes the responsibility to protect the legitimate interests of the orphaned minor represented by the relevant authorities.

The legislation provides for a number of cases in the event of which a minor is granted full legal capacity, giving the right to independently defend their legal rights.

Protection from illegal actions by parents

Illegal actions on the part of parents can result in physical and moral harm:

• beatings;
• humiliation;
• various types of violence;
• harassment.

By law, a minor has the right to appeal to certain government authorities to stop the above actions.

Reaching 14 years of age gives the minor the right to go to court to independently protect his rights.

Personal opinion and view

In court cases related to protecting the interests of a child, the court may take into account the personal opinion of a minor if it does not infringe on the rights of the minor.

The form of expression of personal opinion can be oral or written opinions, as well as through other means of transmitting or receiving information.

Freedom of thought and religion

Religious preference or views is a personal right. No one can impose their opinions.

Receiving the information

A minor has the right to access any information and education, the receipt of which does not contradict current legislation and contributes to his moral, physical and psychological development.

Read also: Tax deduction for an apartment with a mortgage: documents, how to get it

Privacy

Any attacks on life, health, property or personal information must be suppressed and protected at the legislative level.

Protection of rights in case of deprivation of parents

In such cases, a mechanism for protecting the rights of children is applied, according to which the minor is transferred to a foster family or sent to an appropriate social institution.

Decent standard of living

Until a minor acquires full civil capacity, the responsibility for supporting the child is assigned to his parents, who must provide him with a decent standard of living that promotes normal physical, spiritual and psychological development.

Additionally, the state provides a number of social programs aimed at supporting low-income families.

Health and medical care

Any citizen under 18 years of age has the right to receive free medical care under the compulsory medical insurance policy.

It is also possible to provide the opportunity to undergo sanatorium treatment and rehabilitation, visit camps and recreation centers.

Education

• Education is essential in the life of any person, the acquisition of which ensures multifaceted personal development.
• Primary education is provided free of charge.
• Higher professional education can be obtained on a budgetary basis, subject to passing an appropriate competition.

Leisure

The child is given the right to relax and have fun, participate in ongoing cultural events, and realize himself in art or culture.

Property rights

A minor has the right to proper maintenance, income or property transferred or acquired legally.

The legislative framework

The protection of children's rights in the Russian Federation is regulated by many regulatory legal acts, including:

• the main Law is the Constitution;
• regulatory legal acts in the field of health protection;
• Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”;
• Federal Law “On Education”;
• legislation in the field of providing additional guarantees for children left without parents and guardians;
• legislation on guardianship and trusteeship;
• protection of children's rights by the Convention on the Rights of the Child.

Cases of violation of children's rights

1. Parents often resort to different methods of education, and without knowing it, they allow themselves to cross the line, committing gross violations of children’s rights.
2. The family is the most common place where the rights of a minor are regularly violated.
3. The situation is complicated by the fact that the minor is forced to endure abuse and domestic violence against him, without being able to defend himself.

It is important to understand that physical and psychological violence against a child leads to the development of complexes in a minor, which is especially dangerous during the period of character formation and psychological stability.

If systematic bullying is allowed, the child will develop insecurity and low self-esteem, while the minor will gradually withdraw into himself.

Another example of violations could be intentional damage to personal property, obstruction of the use of personal belongings, restriction of freedom or blackmail.

Protection of children's rights from unlawful actions

It is important to know how the protection of a child’s rights is ensured if parents allow themselves to systematically violate them.

The RF IC in Article 56 defines the subjects who are allowed to implement the mechanism for protecting the rights of children - parents or persons replacing them. The Family Code of the Russian Federation contains articles on the topic of protecting the rights of the child in the relevant chapters.

• The state is entrusted with the responsibility to monitor the proper upbringing of a minor by his parents.
• The protection of the rights and dignity of a child can be carried out by him independently, by contacting the relevant government authorities, and upon reaching the age of 14, he can go to court.
• The Family Code stipulates that parents have the right to protect the rights of children without a power of attorney; for this there is no need to issue a power of attorney giving certain powers.
• The principle of equality of rights and responsibilities establishes that any of the parents can, on equal terms, carry out activities to protect the rights of children separately, as well as both at once.
• The protection of children's rights in the Russian Federation is ensured by establishing relevant norms in almost all areas of legislation:

• civil;
• housing;
• labor;
• family;
• international.

1. Civil and family legislation provides for various ways to protect the rights of the child, including filing a corresponding application with the court for the recovery of material or moral damage.
2. The parents of a minor often represent his interests in legal relations arising not only from the norms of family law, but also from civil, administrative or criminal law.

Conclusion

• In the Russian Federation, legislation has been developed and is in force aimed at providing and protecting the rights and interests of minors and young children.
• The law provides for several ways to suppress and protect the interests of a minor - independently or through parents, as well as authorized government bodies.

Dear readers, the information in this article may be out of date.

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Protection of children's rights in the Russian Federation: legal provisions and real life examples

As soon as the baby is born, he immediately becomes a full-fledged member of society with his own rights and interests. Every child has the right to protect their rights and interests. Russian legislation, namely the Civil Code (CC) and Family Code (SC), are the guarantors of this protection.

In addition to the state, his parents must, first of all, protect the legal rights of their child, since until he turns 18, he belongs to the category of “children.” The insurance policy specifies all the rights that belong to every child. They must be observed regardless of the conditions in which the child lives and how he is raised.

Rights and freedoms of the child in Russia, which must be protected by the state

The child's rights come into force immediately after his birth. Thus, every small citizen has the right:

1. For upbringing and living with a family (Article 54 of the Family Code of the Russian Federation).
2. In your own name, patronymic and surname (Article 58 of the RF IC).
3. To the love and care of your parents, as well as to communicate with them if they do not live nearby (Article 55 of the RF IC).
4. To communicate with people who are related to him by blood.
5. To receive education in a friendly environment where mutual understanding reigns and everyone’s interests are respected (Article 56 of the Family Code).
6. To receive free primary (basic) education.
7. To protect your rights.
8. For property (Article 60 IC).
9. On the expression of personal opinion (Article 57 of the RF IC).
10. To receive medical assistance and priority in case of an emergency.
11. To replace the surname, first name, patronymic.
12. For special treatment and special training in case of mental, physical or social disability.
13. To be protected from forced labor, which can harm his health, mental development, and life.
14. To a decent standard of living.
15. For protection from violence in all its forms.
16. Availability of all types of information.
17. To personal space and protection from interference by other people.

Protection of the rights and interests of the child in the Russian Federation

Childhood is an important stage in the life of every citizen, therefore the state recognizes its importance. It is in childhood that a person needs to be prepared for a full social life, to develop his creative activity, to cultivate morality, citizenship and a sense of patriotism.

To ensure that every child has a happy and bright childhood, the state has created a special mechanism that protects the rights and freedoms of minors. The functioning of this mechanism largely depends on how effectively the entities protecting the rights of the child carry out their activities (see also: list of children’s rights in Russia).

Their activities, which we will consider in more detail below, should be aimed at protecting children from such threats:

• attack on honor and dignity;
• unlawful exploitation, violence in all its forms, inhuman treatment, etc.;
• sexual seduction and slavery;
• humiliation and cruelty;
• forced labor, due to which the physical condition and development of the child may suffer;
• addiction to alcohol, drugs and other hallucinogenic substances.

Legislative acts

The legal acts of the Russian Federation that protect the legal rights and interests of minors include the following:

• The Constitution of the Russian Federation adopted and signed in 1993;
• Labor, Civil and Family Codes;
• Housing Code, approved and signed on December 29, 2004;
• Federal Law “On additional guarantees and social support for children who have lost parental care and orphans”;
• Federal Law of the Russian Federation “On the fundamentals of preventive homelessness and delinquency of children”;
• Federal Law of the Russian Federation “On Guardianship and Trusteeship”;
• Federal Law “On Free Legal Aid in the Russian Federation”;
• Federal Law of Russia “On Basic Guarantees of Children’s Rights”;
• Education Act";
• Federal Law “On Personal Data”;
• legislation of the Russian Federation on protecting the health of citizens;
• Federal Law “On the Protection of Children from Information Harmful to Their Development and Health”;
• Law on social protection of disabled people in Russia.

Bodies protecting the rights and interests of children

In Russia, the legal rights and interests of every child are protected by guardianship authorities and law enforcement agencies. The latter are represented by internal affairs bodies and the prosecutor's office. In what ways does each of them protect children's rights?

To protect children's interests, the prosecutor uses the following methods:

• brings a claim to deprive parents of their rights to the child, limit these rights, cancel adoption;
• submits an application to the guardianship authorities or the court, which sets out the demand to restore the previously violated rights of the minor;
• is a direct participant in trials where cases related to the protection of children's rights are considered;
• warns that violating the rights of a child is unacceptable, issues a motion demanding that the existing violation be eliminated;
• challenges acts of administrative bodies concerning the protection of the rights of minors.

To protect children and their rights, internal affairs officers:

• take part in the forced removal of a child from parents (guardians), help find those who do not want to comply with the court order regarding the upbringing of their offspring;
• conduct individual preventive conversations with families and guardians who do not fulfill their parental duty regarding the general education of the minor, as well as providing him with food, water, clothing, housing, etc.;
• take a direct part in disclosing facts of violations of the rights of the child.

The guardianship and trusteeship authorities perform the following:

• carry out work to identify minors left without the care of their mother and father;
• keep records of children left without parental care and facilitate their further placement;
• control the conditions in which these children are kept, raised and educated;
• file a lawsuit demanding to deprive or limit the parents’ rights to the child;
• assume the role of a defendant during the consideration of cases concerning the restoration of parental rights or the lifting of their restrictions;
• make decisions in cases of adoption or its revocation;
• are participants in the process of implementing court decisions in cases related to the education of minors.

Public organizations

The main organization involved in the protection of children's rights is the Association of Commissioners for the Rights of Minors in the Russian Federation (more details in the article: all about the activities of the Commissioner for Children's Rights in the Russian Federation).

What are the main tasks of the children's ombudsman? So he:

• ensures that children’s rights are not violated, and if this does happen, promotes their restoration;
• conducts targeted activities (education, training, consultations) to disseminate legal knowledge in the field of protecting the rights of minors;
• prepares and sends recommendations regarding improving the work of certain bodies regarding the observance of children's rights;
• attracts specialists who conduct analytical work in the field of protecting children's rights.

Read also: Temporary registration of a child: for kindergarten, for school, what the owner faces

Responsibility for violation of the rights and interests of children

Any person who violates the rights of a child must know that his actions are illegal and therefore punishable. He will face administrative, disciplinary, and in some cases even criminal liability. Fathers, mothers and guardians who pay little attention to the education and upbringing of children may be deprived of parental rights. The reason for this could also be:

• evasion of payment of money for the maintenance of a minor citizen;
• abuse of parental rights;
• manifestation of cruelty towards children;
• refusal to pick up the baby from the maternity hospital, medical or educational institution;
• addiction to alcohol and drugs;
• criminal acts against a child or other parent.

The first violation of the rights and interests of a minor threatens an adult with a warning and an administrative penalty, the amount of which can vary from 100 to 500 rubles.

If parents (guardians) do not allow the child to communicate with relatives, forcibly hide him from them, concealing his whereabouts, then in this case they face a fine of 2000–3000 rubles.

Repeated violation of the child’s right to communication and freedom entails an increase in the penalty to 5,000 rubles. As punishment, the violator may be arrested for 5 days.

In case of cruel treatment of a minor, parents (guardians) will have to pay a fine, the amount of which can reach 100 thousand rubles or an amount equal to the annual earnings of the offender. Also, for such a violation of the rights of the child, parents may be assigned compulsory labor in the amount of 440 hours or two years of correctional labor.

Parents (guardians) who involve their offspring in criminal activity face criminal punishment - imprisonment for up to 6 years. If the child was subjected to violence and threats, the term can reach 7 years in prison.

Those parents or guardians who force a child to wander, beg, or drink alcohol or drugs will also face criminal penalties. For such a crime they will face a term of imprisonment of two to four years.

Real life examples

Quite often, adults, when punishing children, do not even think about the fact that they are violating their rights in this way. The reason for punishment may be an insignificant offense (talking in class, breaking a vase, etc.), for which the child receives insults, humiliation and physical violence.

Most adults believe that this method of education is very effective and has nothing to do with violating the rights of the child. In reality, this is a clear example of violence against a minor. Such “upbringing” makes the child worry greatly about what happened, thus depressing his psyche. Let's briefly look at a few examples of violations of children's rights.

Every normal child loves to run, jump, gallop, and turn everything upside down, and this is normal.

Some adults do not want to accept this behavior of the child and begin to “educate” him, depriving him of freedom (say, a teacher locks him in the classroom for disobedience), food, water (parents or guardians for any offense), etc.

They consider such parenting tactics normal, without seeing in it the slightest hint of a violation of the rights of the child.

READ IN DETAIL: violations of children's rights: examples from judicial practice

Consider the following situation. The parent (guardian) brought the minor to the doctor, but due to the fact that he does not have an insurance policy, he was refused admission. In this case, the child’s right to medical care was violated.

Schools quite often use such a measure of punishment for truancy as cleaning school grounds and classrooms. This should not happen, because this is the illegal use of child labor, that is, the exploitation of a child, for which administrative and even criminal liability is provided.

Let's say a child has reached the age of 10, but has not started going to school. In addition, he lives in conditions that can hardly be called favorable. In this situation, a violation of the minor’s right to education is clearly visible.

Every adult should understand that any physical violence against a child can cause problems with his health. Psychological violence can reduce a minor’s self-esteem and lead to isolation and lack of self-confidence.

Source: https://SemPravorf.ru/deti/zashchita-prav-rebenka.html

Protecting the rights and interests of children

Encyclopedia of the Free Legal Consultation Service » Family law » Parents and children » Protecting the rights and interests of children

Increased attention is paid to the protection of the legal rights and interests of the child both at the Russian and international levels.

Content

The protection of the rights and interests of children is given increased attention both at the Russian and international levels. In particular, in 1990, the Convention on the Rights of the Child was adopted, which was ratified by the state authorities of the USSR. Since the Russian Federation is considered the legal successor of the USSR, the effect of this legal act extends to current realities.

In addition, the protection of the rights and legitimate interests of the child is recognized as one of the most important themes of the state’s social policy, as it affects the upbringing and education of minors, and, accordingly, their adaptation to public life. For this purpose, state bodies are created, whose competence specifically includes the functions of protecting children.

Protection of the rights of minor children

As mentioned above, the social policy of the Russian state is primarily aimed at protecting the rights and interests of minor children. After all, it is from this that the entire social component of Russian society is built.

The protection of the rights and interests of children is regulated by several legal acts that operate in Russia.

Convention on the Rights of the Child

Since international treaties are considered to prevail over Russian legislation, that is, they have priority, the Convention on the Rights of the Child has a primary role in this case. What is this legal act?

The Convention on the Protection of the Rights of the Child is a legal act adopted at the international level, which defines the rights of minors living in the territory of member states. The Convention is recognized as a fundamental legal document, the implementation of which is considered mandatory for all countries without exception that have ratified the international legal act.

The Convention is divided into 54 articles, each of which spells out the specifics of the individual rights of a child from birth until the age of 18 (unless otherwise provided by federal law at the level of the participating countries).

In particular, the Convention regulates the foundations that are necessary for children to realize their legal rights and interests, which becomes possible only in the absence of abuse by third parties (cruelty, violence, coercion, etc.)

The Convention was accepted by all participants in international cooperation within the UN, as well as by the Holy See and Palestine. The only country where the Convention has not been ratified is the United States.

As for the Russian legal system, the Family Code of the Russian Federation takes priority. It is this legal act that contains Art.

56, which spells out the basics of the protection of minors, disabled people, orphans, as well as children living in a foster or single-parent family, and the responsibilities of parents aimed at raising and educating minors.

In addition, this legal act also contains other norms (which have their own characteristics), which spell out the basics of the well-being of children, disabled people and orphans.

Organization for the protection of children's rights

The state's social policy is aimed at maximally resolving all problems that may arise in the sphere of family, property and housing relations. This is due to the fact that the relationship between parents and minors arises immediately after the birth of the child.

Some relationships are regulated exclusively by moral standards; in other situations, family law takes precedence.

A federal or regional law that is adopted in Russia only adds clarification regarding the living conditions of children, disabled people and orphans, the implementation of property and housing transactions, etc.

In addition, the federal act (RF IC), namely Article 56, states that every child in modern conditions, living in a family or outside a family relationship (no matter whether he is classified as an orphan, disabled or incompetent) has the right to protection of rights from abuse on the part of parents, adoptive parents, guardians. According to this legal act, every child can appeal to the authorized body (federal or regional, it does not matter) by filing a statement of claim in order to protect their rights and interests (judicial protection).

The guardianship and trusteeship authorities, as an organization for the protection of the rights of a child under the age of 14, protect his property, housing and personal interests.

Upon reaching the age of 14, every child has the legal right to file a claim with the judicial authorities that parents are not fulfilling responsibilities that affect his upbringing and education, as well as if there is abuse of parental rights on the part of the parents.

In addition, every subject (citizen), even if he does not have any relation to the family, is not a participant in property and housing legal relations, must send a statement of claim to the guardianship and trusteeship authorities if he has information that the parents are abuse of parental rights.

The social component of the family legislation of the Russian Federation has priority in that every child (whether he is from the category of disabled people or orphans) is given the right to express his own opinion when resolving property, housing and other important issues, if they, one way or another, affect his interests (upbringing including education).

The concept of protecting the property and housing rights of the child is regulated by Art. 60 of the RF IC, as well as civil legislation.

In the event that parents abuse parental rights, including during the sale of real estate, a share in which belongs to a minor, each child (subject of legal relations) has the right to send a statement of claim to the federal judicial body (upon reaching 14 years of age) or the authorized department to resolve any problems that have arisen.

Ways to protect children's rights

In modern conditions, the concept of “cruel treatment of children (including those from the category of disabled people and orphans) by parents or other legal representatives is increasingly emerging in legal practice. That is why methods, measures and problems of child protection are considered one of the key topics that takes priority over other issues that affect social policy.

Unfortunately, the state's social policy has enormous problems that affect the protection of the interests of orphans, disabled people and minor children living in single-parent or asocial families.

In particular, as practice shows, preventive work is not carried out to prevent the abuse of parental rights by parents and other legal representatives (this applies to such topics, in particular, as upbringing, education, as well as resolving property and housing issues).

Often the subject of legal relations violates the rights of the child, does not fulfill his responsibilities in the family, and also uses prohibited measures and methods aimed at raising the child. Therefore, correcting a difficult situation and solving all problems in the family becomes extremely difficult.

Based on the above, we can conclude that the methods and measures to protect the interests of orphans, disabled children and minors on the territory of the Russian Federation are not in optimal condition, despite their existence. In particular, in modern legislation there is still no clear concept of what can be understood by the protection of the rights and interests of minors.

Read also: Payments to first-graders: from large families, low-income

If we turn to practice, the juvenile justice authorities represent one of the most effective protective mechanisms of childhood, which has its own characteristic features.

This federal body is a justice system whose influence primarily favors juveniles.

The judicial system assumes that the state should act as a guardian of children (orphans and the disabled, including), which will protect them not only from abuse by parents, but also from harmful influences from society.

The concept of juvenile justice (judicial system) is a federal mechanism that primarily focuses not on the offenses that the subject can commit, but on attention to the personality of the offender. In particular, the ministry directs its measures to protect the rights and education of children (in particular, orphans and disabled people), as well as those who grew up in a dysfunctional family in poor social and housing conditions.

In addition, the social policy of the state has priority in the maintenance and progressive development of civil society, within the framework of which upbringing and education become priority areas.

In particular, civil society bodies should take measures and carry out activities that will rehabilitate children who grew up in dysfunctional families, thereby reducing the risks of antisocial and deviant behavior of minors in the future.

Thus, the methods and forms of protecting the rights of the child, as well as the responsibilities of government agencies in this area, are one of the most pressing topics that social policy must address, in particular through official documents (NLA).

Bodies protecting children's rights

The functions of protecting the fundamental rights and interests of children are assigned not to one body authorized to perform this duty, but to an entire system of government agencies. If we turn to the RF IC, namely, Art.

8, then the priority for protecting the rights of the child in an administrative manner is given to the authorized law enforcement agency (whether federal or regional) represented by the Prosecutor’s Office and the Department of Internal Affairs.

Moreover, each subject has its own characteristic features and responsibilities for the execution of powers.

The prosecutor's office applies the following measures and methods:

• Presents a statement of claim and supporting documents regarding the deprivation or limitation of parental rights, as well as a resolution to cancel the adoption;
• Provides a statement of claim to the federal court in which it is required to restore the infringed or violated rights of the minor (which may affect the upbringing, education of the child or the issue of living conditions and stay in a dysfunctional family) and the necessary documents for this;
• Has the direct right to be present at the main trials in which proceedings are being conducted regarding the violation of the rights of a minor, etc.

The features and responsibilities that the Ministry of Internal Affairs has are that they are directly involved in the implementation of compulsory measures aimed at selecting children who, for example, lived in a dysfunctional family and did not receive proper upbringing and education, since their parents did not fulfill their direct responsibilities. In addition, the social system of state bodies implies participation in the implementation of protective measures by the Commission on Minors' Affairs. Federal Law No. 120 gives priority to this body the following responsibilities:

• Judicial protection of the rights of the child, including this authorized entity sending to the court a statement of claim and the necessary documents for deprivation of parental rights.
• Implementation of protective measures that contribute to the restoration of the violated rights and interests of the child. In particular, the authorized body (entity) solves the problems of homelessness and neglect, assigning certain responsibilities to itself through preventive measures aimed at the social education of minors.

In addition to the fact that the authorized representative sends the statement of claim to the judicial department, he also prepares the necessary documents for the trial of the problem related to minors.

The concept of “social policy” of the state implies, first of all, the protection of the rights and interests of all citizens of the Russian Federation, especially minor children belonging to the risk category.

Source: https://advokat-malov.ru/roditeli-i-deti/pravo-rebenka-na-zashhitu.html

What are the legitimate interests of a child?

Answer: The list of rights of minor children is established by a number of legislative acts of international and national importance. In this case, international acts have priority over the internal laws of the state. The main documents where you can familiarize yourself with the rights of the child are the Universal Declaration of Human Rights and the Convention on the Rights of the Child.

You should also study the Constitution of the Russian Federation, the Family Code and Federal Law No. 124.

The concept of legitimate interests of children

A child is a person from birth to adulthood (up to 18 years of age). Due to their age, these persons are a socially unprotected category of the population, since they cannot always take care of themselves. To this end, legislators have adopted a number of legal acts regulating legal relations in which minors participate.

The norms of international and national law state that every child has rights and legitimate interests that cannot be violated by anyone. Many countries have ratified acts of international significance and adopted many of their own documents, the main task of which is to protect the rights, freedoms and interests of young citizens.

Where are the rights and interests of children secured?

Many legislative documents reflect the position of protecting children's rights: the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the Constitution of the Russian Federation, the Family Code, federal laws of the Russian Federation, laws of constituent entities of the Russian Federation and local regulations.

The term “best interests of the child” was first used in the Universal Declaration of Human Rights of 1948. Its essence is to provide the most favorable living conditions for the child as much as possible. What could this mean?

For example, favorable physical, mental, spiritual and psychological development, normal conditions for adaptation in society, guarantees of freedom and equality. In accordance with this document, responsibility for children until they reach adulthood rests with their parents.

Another equally important piece of legislation protecting the interests of children is the Convention on the Rights of the Child. It was adopted in 1989 and ratified by Russia a year later. Since September 15, 1990, the Convention has extended its effect to Russians.

All other regulations adopted in the Russian Federation cannot contradict the Convention on the Rights of the Child. Based on the tenets of the Convention, we can conclude that the interests of the child are higher than those of the state, public or family .

The Constitution of the Russian Federation contains a norm providing for the protection of childhood by the state (Article 38). The Family Code also stipulates that childhood is protected by the state.

Federal Law No. 124 “On the Basic Guarantees of the Rights of the Child in the Russian Federation” establishes a list of the rights and legitimate interests of children in the legal, social and economic spheres of life.

At the local level, local legal documents and programs are systematically developed to ensure that children exercise their rights.

What legal interests does the child have?

At first glance, it is quite difficult to answer unequivocally what legitimate interests of children the state protects. Let's try to understand this issue from a legal point of view.

If we analyze the above regulations, we can conclude that the legal rights and interests of children are as follows:

1. Every baby has the right to life.
2. At birth, a newborn has the right to a name and citizenship.
3. A child has the right to protection from any form of discrimination (based on skin color, gender, language, religion, race, belief, nationality, health status, social and property origin, etc.).
4. All children should be raised in a family and receive care and education from their parents. If the child’s parents live in different countries, he has the right to maintain contact with both of them (including leaving his home country and entering it back).
5. Children have the right to freely express their thoughts (from the age of 10 in Russia, children’s opinions are taken into account in court proceedings when the dispute directly affects their interests).
6. Until adulthood, the interests of children are represented by their legal representatives (parents, adoptive parents, guardians). This may be representation during legal transactions, contacting government agencies, etc.
7. A child can profess any religion that is not prohibited in the state.
8. All children have the opportunity to attend educational institutions (kindergartens, schools), and the state must assist in this (open and finance appropriate institutions).
9. The child has the right to receive vocational and higher education and to have these forms of education available to all categories of the population.
10. Children deprived of parental care should be under special protection of the state. They must be placed in specialized institutions, under guardianship, or put up for adoption.
11. Children with a disability status have the right to lead a full life in the most comfortable conditions that the state should create for them (including the right to medical, recreational, social services, work, and material support).
12. No child should be subjected to forced labor. A child can engage in labor activity from the age of 16, taking into account the standards set forth by labor legislation for this age category (number of working hours, length of working time, restrictions on attracting minors to work at night, overtime, etc.).
13. Minors have the right to protection from sexual violence in all forms. The state is obliged to take strict measures at the legislative level to prevent these phenomena.
14. Until adulthood, a child cannot be called up to serve in the army or other military formations.
15. Punishments for crimes committed such as the death penalty and life imprisonment are not applied to minors. In case of detention, arrest of a minor or during an investigation, the requirements of the law must be strictly observed, namely: detention is used as a last resort, its terms must not be exceeded, and during investigative measures the young citizen must be provided with legal assistance.

Assistance in realizing the legitimate interests of children

As we see, in all legislative documents there is a thesis that it is the state that should in every possible way contribute to the protection of the interests of children. How does this actually happen?

• Assistance to children in the realization of their rights and interests is carried out through government bodies and representatives of these bodies by adopting regulations, conducting methodological and explanatory work with children about their rights and responsibilities.
• Teachers, sociologists, psychologists, and medical workers also participate in the process aimed at ensuring the protection of the rights and interests of children.
• An important role is played by public associations that help children develop skills in applying their legal rights.
• And the most important role in the process of realizing children’s rights is played by parents or their other legal representatives (guardians). It is these persons who help the child independently perform certain actions, taking into account age and scope of legal capacity.

In cases where the rights and legitimate interests of a child are violated, representatives of the minor may go to court. On behalf of the child, statements of claim and other procedural documents are filed by his legal representative (parent, adoptive parent, guardian or representative of the organization in whose care the child is).

Depending on the circumstances of the situation, the guardianship and trusteeship authorities and the prosecutor's office may be involved in the judicial process in which the interests of a minor are affected.

Source: https://LegalFAQ.ru/semejnoe-pravo/roditelskie-prava/chto-takoe-zakonnye-interesy-rebenka