Legal capacity of minors: aged 14 to 18 years

Minors
aged 14 to 18 years can independently
make deposits in credit institutions
and manage the deposits. The specified
right of minors, as stated
in paragraph 2 of Art.
26 of the Civil Code, is carried out “in accordance with the law.”

As for
Savings Bank organizations,
a minor has the right to
independently make a deposit and fully
manage the deposit if he personally
made it in his own name.

If the contribution was made
by another person in the name of a minor who
has reached 14 years of age, or passed to him by
inheritance, then he has the right to dispose
of it only with the written consent
of the parents (adoptive parents, trustee).

To

characterize the scope of partial
legal capacity of minors
aged 14 to 18 years, it is necessary to indicate
their right from the age of 16 to be members
of cooperatives in accordance with laws
on cooperatives. By joining a cooperative, a minor
acquires all, including property,
rights and obligations in this organization
and can independently implement them.

Minors
aged 14 to 18 years are considered
to be tortious ,
i.e.
themselves are responsible for property damage caused by their actions.

However,
if a minor does not have property
or earnings sufficient to compensate for
the harm, the harm in the appropriate part
must be compensated by his parents
(adoptive parents, guardian), unless they
prove that the harm did not arise through their fault
(Article 1074 of the Civil Code).

Source: https://studfile.net/preview/6189631/page:11/

Legal capacity of minors aged 14 to 18 years: Article 26 of the Civil Code of the Russian Federation, who are the legal representatives of children

Legal capacity is a special legal category that involves determining the range of powers and responsibilities of a citizen. Depending on the age of the person, his legal capacity may be broader or, conversely, narrower. The set of rights vested in subjects is specified in the relevant articles of civil legislation, as well as family legal acts and laws.

The main legal act that regulates this legislative category is the Civil Code of the Russian Federation.

Civil capacity includes a set of powers that a person has. As a rule, property relations are regulated directly and non-property relations are not included.

This is quite reasonable, since in most cases non-property rights are exercised by parents or other legal representatives and do not require additional regulation.

Article 26 of the Civil Code of the Russian Federation contains a specific list that regulates the legal capacity of minor citizens.

Rights of citizens from 14 to 18 years old

The rights of this category are quite broad. So, for example, minors can do practically nothing, and citizens from 14 to 18 years of age are endowed with almost all the same rights as those who are fully capable.

The list of rights is as follows:

• disposal of your income;
• copyright;
• rights in the banking sector of legal relations;
• small transactions.

It is worth noting that a child can perform all of the above actions on his own initiative, without asking anyone’s consent. Other actions require written permission from legal representatives.

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Disposal of income

The legal capacity of minors aged 14 to 18 years implies allowing them to manage their earnings, scholarships and other payments provided. In this case, parents have no right to interfere in this.

However, there is an exception that occurs when a child spends money thoughtlessly, which can lead to significant losses.

Parents in this situation can contact the judicial authority and ask to limit the child’s right to dispose of his financial flows. Such cases are quite rare in judicial practice, but sometimes they do occur.

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Exercise of copyright

Any citizen living on the territory of the Russian Federation has the right to carry out intellectual activity and create objects of science and literature, and paint pictures.

According to Russian laws, 16 years is the age when a child has the right to be a full-fledged author and have all the exclusive rights related to this fact. He can alienate an object belonging to him by concluding a purchase and sale agreement or a license agreement. He can also dispose of the income received in connection with this himself.

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Rights in banking

Minors can independently be full participants in monetary relations. The scope of their powers, for the most part, is limited to making funds as deposits.

Important! All actions are carried out in accordance with the law of the Russian Federation and in accordance with the rules of banking.

Making small transactions

These are understood as actions that can be performed by minors.

These include

• receiving gifts;
• shopping in grocery stores.

Such citizens can independently exercise their right to participate in cooperative organizations and movements. Moreover, they will be full members, on an equal basis with other fully capable persons. Income from activities carried out within the framework of cooperation comes into the possession of the child and is spent by him at his own discretion for his needs.

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Legal representatives

Some transactions of minors must be regulated by their legal representatives. Therefore, it is necessary to figure out who exactly these citizens are.

Legal representatives within the framework of civil law are understood to be the parents of a minor. If for some reason they are absent, then from the age of 16 the citizen is assigned guardians, and if he is younger, then guardians.

These citizens have the right to represent the interests of the child, protect his rights and give permission to carry out certain transactions, including financial ones. Minors have the right to manage the scholarship completely independently.

In order to be able to become a legal representative, an adult must have a number of distinctive features:

• be fully competent;
• he must be fully eighteen years old;
• should not be convicted in cases of causing harm to life and health, as well as in cases violating the sexual integrity of minors.

Only in these cases can the guardianship and trusteeship body approve a citizen for this post.

Important! Preference is given to relatives, such as grandparents, brothers and sisters, as well as aunts and uncles.

Legal and contractual representation should not be confused. The latter occurs when a citizen enters into a representation agreement or draws up a power of attorney.

This is used, as a rule, to protect rights and interests in the judiciary and in various government agencies. Contractual representatives are not responsible for the obligations of their wards and do not compensate for the damage caused by them.

Minors can enter into such agreements, but this does not in any way affect the determination of the child’s legal capacity.

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Liability of minors

The category of citizens who are between the ages of fourteen and eighteen years must be independently responsible for the harm they cause, as well as bear responsibility for obligatory legal relations.

All amounts due from them are collected from the funds belonging to them, as well as property owned by these children.

Important! If these financial resources turn out to be insufficient, then the parents or legal representatives will be responsible for the obligations.

An exception to this rule is tax legal relations, in which nothing can be recovered from parents.

This is quite reasonable, since the entire burden of expenses falls on the taxpayer, that is, the owner of the property or other object subject to tax.

However, the legislator may impose on such citizens the obligation to answer within the framework of administrative legislation.

The issue of liability for damage caused is resolved in a different way. Such children are independently responsible to the victim, and if they cannot do this on their own, then the responsibility falls on the parents. However, if they prove that they in no way contributed to the commission of illegal actions and could not prevent them, then responsibility from them is completely removed.

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Source: https://uristi.guru/grazhdanskoe-pravo/kakova-deesposobnost-nesovershennoletnih.html

Legal capacity of minors and minors

The Civil Code of the Russian Federation defines legal capacity as “the ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them” (Clause 1 of Article 21 of the Civil Code of the Russian Federation).

Full legal capacity of a citizen of the Russian Federation occurs upon reaching the age of majority (18 years). Before reaching this age, a citizen is considered a minor and his legal capacity is limited.

The Civil Code of the Russian Federation identifies the following types of legal capacity of minors:

• the legal capacity of minors (that is, persons under fourteen years of age);
• legal capacity of minors aged 14 to 18 years.

Legal capacity of minors

The legal capacity of minors under the age of six is ​​characterized by the fact that all transactions on their behalf can only be made by their parents, adoptive parents or guardians (Clause 1 of Article 28 of the Civil Code of the Russian Federation).

From the meaning of the law, it becomes clear that a child under six years of age does not have the right to make any transactions independently.

Minors aged 6 to 14 years can independently make the following types of transactions on their own behalf:

• small household transactions (subclause 1, clause 2, article 28 of the Civil Code of the Russian Federation) - that is, transactions aimed at meeting the everyday needs of a minor or members of his family for a small amount. An example is buying bread in a store for the whole family or ice cream for the youngest citizen;
• transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration (subclause 2, clause 2, article 28 of the Civil Code of the Russian Federation). A typical example is a gift agreement, provided that such an agreement does not require either state registration or notarization;
• transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal (subclause 3, clause 2, article 28 of the Civil Code of the Russian Federation). For example, mom and dad or another relative, with their consent, gave the child money. He has the right to spend this money for his own pleasure. Well, unless of course he spends it on something forbidden (alcohol, tobacco).

Legal capacity includes not only the ability to acquire rights and obligations through one’s actions, but also to bear responsibility for one’s actions – tortious capacity.

Minor citizens do not have delictual capacity:

Property liability for transactions of a minor, including transactions made by him independently, is borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. These persons, in accordance with the law, are also responsible for harm caused by minors (clause 3 of article 28 of the Civil Code of the Russian Federation).

They also do not bear administrative or criminal liability for their actions.

Legal capacity of persons aged 14 to 18 years

Persons over 14 but under 18 years of age can make transactions with the written consent of their legal representatives - parents, adoptive parents or trustee (Clause 1, Article 26 of the Civil Code of the Russian Federation).

• Moreover, if a minor over 14 years of age makes a transaction without the written consent of the above-mentioned persons, but subsequently receives written approval for its completion, such a transaction is considered legal.
• What kind of transactions can a minor over 14 years of age make without the consent of his parents, adoptive parents or guardian?
• These are, of course, all transactions that minors can make, and in addition to this, these citizens have the right:

• manage your earnings, scholarships and other income (subclause 1, clause 2, article 26 of the Civil Code of the Russian Federation);
• exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law (subclause 2, clause 2, article 26 of the Civil Code of the Russian Federation);
• make deposits in credit organizations and dispose of them, if this does not contradict the law (subclause 3, clause 2, article 26 of the Civil Code of the Russian Federation);

Persons over 16 years of age may also be members of cooperatives in accordance with cooperative laws.

The legal capacity of minors from 14 to 18 years of age includes the capacity for delict. They already independently bear property liability for the transactions they have made and are responsible for the damage caused.

Minors over 16 years of age bear administrative responsibility. Criminal liability for persons between 14 and 16 years of age occurs only for the most serious crimes. From the age of 16, full criminal liability begins.

Parents, adoptive parents, trustees or a guardianship and trusteeship body may, by judicial procedure, limit the ability of a minor aged 14 to 18 years to independently manage his earnings, scholarships or other income.

However, there must be sufficient grounds for such a restriction. For example, a minor spends all his earnings on gambling or purchasing alcoholic beverages.

If an emancipation procedure has been carried out in relation to a minor, that is, he has been declared fully capable, then his right to dispose of his income cannot be limited.

Source: dok7.ru

Source: https://zen.yandex.ru/media/id/5c34b4c84bb55f00aa45cc89/5c80d5a9819e6e00b45f9672

Legal capacity of minors aged 14 to 18 years. Emancipation, its conditions and legal effect

Minors aged 14 to 18 years, with the written consent of their parents, adoptive parents or guardians, have the right to make any transactions.

Property liability for transactions made by minors aged 14 to 18 years with the consent of parents (adoptive parents) or a guardian is borne by the minors themselves, and the person who gave written consent to the relevant transaction bears subsidiary liability.

In the cases provided for in paragraph 2 of Article 25 of the Civil Code, minors at that age enter into transactions and perform other legal actions and actions that give rise to rights and obligations, independently, without the consent of their parents, adoptive parents or trustees. This paragraph of Article 25 of the Civil Code provides a minor with the following rights:

• 1) manage your earnings, scholarships and other personal income;
• 2) exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
• 3) make deposits in credit institutions and manage them in accordance with the law;

4) make small household transactions and other transactions provided for in paragraph 2 of Article 27 of the Civil Code. We are talking about transactions made by a minor not at the expense of his own earnings, scholarships or other income of the minor (at the expense of these funds the minor can independently enter into any transactions), but at the expense of funds provided to him by other persons.

Minors who have reached the age of 16 have working capacity. With the written consent of one of the parents (adoptive parent, guardian), an employment contract can be concluded with a person who has reached the age of 14 to perform personal work that does not cause harm to health and does not disrupt the learning process.

Upon reaching 16 years of age, minors have the right to be members of a cooperative in accordance with the legislative acts on cooperatives. The current legislation on cooperatives allows minors to participate in both production and consumer cooperatives.

If there are sufficient grounds, a minor aged 14 to 18 years, at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship authority, by a court decision may be limited or deprived of the right to independently dispose of his earnings, scholarship or other income. The exception is cases where a minor acquired full legal capacity due to marriage before reaching 18 years of age or was emancipated.

Part 1 of Article 26 of the Civil Code establishes that a minor who has reached the age of sixteen can be declared fully capable if he works under an employment agreement (contract) or, with the consent of his parents (adoptive parents) or guardian, is engaged in entrepreneurial activity.

A minor is declared fully capable ( emancipation ) by decision of the guardianship and trusteeship authorities with the consent of both parents, adoptive parents or trustee.

If these persons do not give such consent and in the event of the refusal of the guardianship and trusteeship authorities to declare the minor fully capable, the decision on the emancipation of the minor is made by the court.

The peculiarities of court consideration of cases on declaring a minor fully capable (emancipation) are established by Articles 377 and 378 of the Code of Civil Procedure.

The guardianship and trusteeship authority (or the court) makes a decision on the emancipation of a minor, taking into account how long and stable the entrepreneurial or labor activity of the minor applying for emancipation is, the level of his income or earnings, the availability of property of such a person, his state of health and other circumstances.

Parents, adoptive parents and guardians are not liable for the obligations of an emancipated minor, including obligations arising as a result of harm caused to them.

Source: https://dvorkin.by/gp9/

Legal capacity of minors: how to obtain full legal capacity early

Legal protection of its citizens is guaranteed by law in the Russian Federation. One must distinguish the difference between the ability to have an opportunity and the ability to exercise one's opportunities. Adolescents aged 14-18 years are exactly that group of citizens who have limited legal capacity.

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Legal and legal capacity of minors

The legal capacity of minors in jurisprudence is considered the ability to carry out actions in the performance of which the specified person receives and disposes of rights, accepting them together with the implementation of duties.

Citizens acquire unconditional freedom to exercise their rights upon turning 18. Until reaching the specified age, citizens are considered minors.

Civil capacity begins at the age of 6 years.

With this status, parents are responsible for fulfilling civil rights and responsibilities. When considering the issue of the legal status of a minor, it is necessary to understand the differences in their categories and stages of legal capacity:

1. Minors: persons under 6 years of age. Parents are responsible for implementing their rights.
2. Juveniles aged 6 to 14 years. In this status, with legal capacity from 6 to 14 years, citizens can carry out small transactions aimed at acquiring benefits exclusively for themselves (purchasing a chocolate bar in a shopping pavilion), accepting gifts, receiving prizes in lotteries.
3. Adolescents: persons between 14 and 18 years of age. The legal capacity of minors aged 14 to 18 years is characterized by the presence of fewer rights advantages in comparison with adults, but significantly more than for individuals belonging to the first two groups. The ability to exercise one’s will should not be confused with the ability to have specified rights. Since legal capacity is acquired by a person at the moment of birth and will cease to operate only after the death of the citizen.

Important! Limitation of rights is provided only in cases established by law, and in this case limited legal capacity will occur.

Minors and Juveniles: What's the Difference?

Until the age of 18, citizens are minors. This norm is enshrined in the Constitution of the Russian Federation and the Civil Code of the Russian Federation. The legislation does not have a direct definition of the concept of “minor,” but given the Civil Code, it is clear that children aged 0 to 14 years will be considered minors.

Legal capacity of minors (minors aged 6 to 14)

The legal capacity of minors and minors under 14 years of age is characterized by the approval of parents (citizens under 14 years of age) to carry out minor transactions:

• minor ones due to everyday life (purchase of chocolate in a trade pavilion);
• receiving something as a gift;
• manage money allocated by parents.

A special feature will be a situation during which a transaction is made in the interests of the child - this can only be carried out by a parent. It should also be remembered that if a minor child causes harm to other citizens, the father and mother will be held responsible.

Children's ability to exercise rights and responsibilities

The law provides for parental responsibility for young children under 14 years of age. For criminal acts such as murder and robbery, minors will be fully responsible. At the same time, children from 6 to 14 years old will be exempt from criminal liability, since their legal capacity is limited.

The ability of adolescents to manage rights and responsibilities

In addition to the previously agreed upon opportunities, adolescents under 18 years of age can:

• use your own funds (salaries, student fees) at your own discretion;
• open a bank deposit and manage it.

A teenager will acquire full legal capacity upon reaching adulthood. Full legal capacity will allow you to freely dispose of personal property, as well as carry out the marriage procedure without obtaining parental permission.

Parental consent to transactions made by minors

To carry out transactions, a minor between the ages of 14 and 18 must necessarily obtain parental approval. However, it is not legally determined which parent should provide consent.

The Family Code provides for a general solution to problems affecting the course of family life. It follows from this that a transaction carried out by a minor must have the joint approval of the parents.

Difficulties arise when parents are divorced and there is no opportunity to come to an agreement before making a transaction.

Important! The law will recognize the agreement as legal if one of the parents agrees with its conclusion, and the second does not directly object to its implementation.

Difficulties associated with the participation of minors in various transactions

Due to the lack of certainty in the legislation about what can be considered a minor transaction, any of the transactions made by minors can be challenged.

This situation is possible due to the difference in understanding the significance of the transaction for each person. Difficulties also arise with filing a claim in court for minors if their consumer rights are violated during the execution of a minor household transaction.

In this case, you will have to turn to the help of your parents and protect your interests in court through them.

Civil liability of minors aged 14 to 18 years

The law stipulates the peculiarities with which the civil liability of minors is vested. Thus, when making small household transactions, teenagers are responsible for fulfilling the agreements that arose during the agreed upon transactions.

This is an example of property liability. But if damage is caused as a result of such a transaction, teenagers will be financially liable only for the amount that they can earn themselves.

If the amount of damage caused is significantly higher, the missing funds will be contributed by the parents.

In the absence of parents in a situation where the child is an orphan and is in a state institution, representatives of this institution will be responsible for him. Representatives can be released from liability in several cases:

• when the teenager reaches 18 years of age;
• when proving that there is no guilt in causing harm;
• when the teenager has income that allows him to independently compensate for the damage caused;
• when a teenager undergoes the emancipation procedure.

Emancipation of minors

Upon reaching the age of 16, a teenager can obtain adult rights and full legal capacity. Then the teenager will have the opportunity to make any transactions independently, and also bear full financial responsibility. Such a procedure will be called “emancipation”. It is allowed in the following cases:

• during official employment and concluding an employment agreement;
• when implementing the activities of an entrepreneur (parental approval). Individual entrepreneur status can also be obtained from the age of 14, since the exact age is not established by law. Notarized parental consent is required;
• marriage procedure (the legal age is 18 years, but some regions have lowered the age to 14 years).

The emancipation procedure can only be carried out with the consent provided by legal representatives. In the absence of such consent, it is necessary to go to court.

It is also worth knowing that if you receive emancipation through marriage and the marriage is subsequently dissolved, emancipation does not cease to operate.

Returning to the status of a minor is possible only if the marriage is declared invalid through the court.

Restrictions on the ability of teenagers over 14 years of age but under 18 to manage income

The downside of emancipation can be considered the opportunity to reduce a teenager’s rights. Thus, if a teenager aged 14 to 18 years unreasonably wastes his or her own income, the right to make such a disposition can be deprived by a court decision.

In this case, unreasonable disposal will be understood as spending in gambling, using drugs and alcohol. The applicants will be parents or legal representatives. The court sets a term for such a restriction; in the absence of a term, the restriction will remain in effect until the person reaches the age of majority.

This provision will not apply to minors who have been emancipated.

The concept of tort liability

Tort capacity is the ability of a citizen to bear responsibility for his actions and, first of all, for offenses. Tort capacity is impossible without legal capacity.

In a situation in which a citizen is not legally capable, there can be no talk of bearing responsibility in a situation in which he does not fulfill his duties.

Such a characteristic should be determined through the psychophysiological state of a citizen, taking into account his adequate attitude towards society.

Tort liability of individuals and legal entities arises at different times. Thus, legal entities begin to have this feature from the moment of their formation. The possession of this property by individuals in criminal law depends on their age:

• crimes of special gravity: from 14 years of age;
• other crimes: from 16 years of age;
• military crimes: from 18 years of age;
• disciplinary liability in labor law - from 14 years of age.

The main rule will be the absence of a court decision declaring a person incompetent and insane.

Property of minors

To understand what property a minor may own, you need to remember the gradation by age into minors and adolescents from 14 to 18 years old.

Thus, minors may, by virtue of current legislation, possess property by birthright or receive it as a gift from third parties.

It should also be understood that all responsibility for conducting transactions with property will be borne by the parents or legal representatives of the minor, including in the event of property damage.

Teenagers aged 14 to 18 have a wider range of rights in relation to property transactions. They are allowed to conduct business themselves if they receive written permission from their parents. The validity of a transaction can be confirmed even after some time has passed. To do this, it is enough to obtain further recognition of its legitimacy on paper.

Minors aged 14 to 18 years, without taking into account the consent of their legal representatives, are capable of carrying out such agreements:

• minor ones due to everyday life (purchase of chocolates in a shopping area);
• at their own discretion, spend their funds provided by their parents, legal representatives or other adult citizens, as well as received scholarships or other legal earnings;
• exercise of copyright when writing literary and musical works;
• making deposits to personal accounts of credit institutions;
• Membership in a cooperative (from 16 years of age).

Do not forget about property liability for transactions, because from the age of 14 to 18 years old it will fall entirely on the shoulders of the teenager in the amount that he is able to pay. The remaining amount of money will be claimed by court decision from the parents of the minor.

When carrying out transactions under a gift agreement in favor of minors (persons under the age of 14), signatures certifying the legality of the transaction can only be affixed by their legal representatives. If you deviate from this rule, the transaction can be considered void. In addition, a transaction made with prejudice to the interests of a minor will also be considered void.

According to the Family Code of the Russian Federation, parents cannot extend their rights to property owned by a child. The same rule applies to the property of the parents. As a general rule, parents and children who live together own and use joint property with mutual consent. This rule is confirmed by the Civil Code of the Russian Federation.

Administrative and criminal liability of minors

The age at which a minor is subject to administrative liability is set at 16 years of age.

In the period from 14 to 16 years of age, legal representatives will be responsible for administrative offenses of a minor.

The decision to impose administrative liability is made by the commission on juvenile affairs. The KDN may also exempt you from administrative liability.

The list of sanctions that can be applied to minors is established in the Code of Administrative Offenses, while there are partial age restrictions on the use of administrative arrest (it is prohibited before the age of 18). The most common type of punishment is a fine. At the same time, it can be assigned to the teenager’s independent income, or in his absence, to the parents’ income.

As a general rule, criminal liability begins at the age of 14. This takes into account the mental state of the teenager, as well as the presence of registration for psychiatric and drug treatment. Public danger when committing crimes is also taken into account. The following types of punishment may be imposed on teenagers:

1. Fines.
2. Mandatory work.
3. Correctional work.
4. Restrict freedom.
5. Imprisoned for a period determined by the court.

When the court chooses imprisonment not exceeding 6 years as a punishment, it is important for the court that the crime itself be committed before the age of 16 years. For this age group, when committing particularly serious crimes, a sanction will be established in the form of imprisonment for up to 10 years, and the teenager will serve the sentence itself in an educational colony.

When committing a crime of minor or moderate gravity for the first time, a teenager under 16 years of age will not be given a sanction related to imprisonment. Other minors will be subject to the rule of not assigning a real sentence when committing a crime of minor gravity for the first time.

In this case, it must be proven that when applying educational measures, a greater educational effect will be achieved.

Capacity plays an important role in the development of personality. Having full legal capacity means the state recognizes the independence of a citizen in choosing his actions. Restriction of legal capacity is possible only by court decision, which is also a kind of guarantee of the protection of citizens from arbitrariness.

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Source: https://medpravo.su/deesposobnost-nesovershennoletnih/