Improper upbringing of children: responsibility, fines, punishment of parents for crimes of minors

For many types of crimes or administrative violations, liability begins only at a certain age. Therefore, if a child commits illegal actions, his parents will be held responsible.

In addition, the country provides for parental responsibility for minor children whose upbringing they are not involved in.

What, according to the laws, threatens negligent parents, and at what age do children begin to be fully responsible for their actions?

When does responsibility pass to the parents?

Until how many years parents are responsible for their children depends on the offense committed . In fact, full legal capacity in the country begins at the age of 18. Until this time, children are considered minors. However, for example, for particularly serious crimes, responsibility comes much earlier.

Parents can only be held responsible for their children in civil proceedings for compensation for damage caused.

If a child kills a person, of course no one will put his parents in prison for this . But they may well be forced to pay monetary compensation to the injured party.

In Art. 1073 and 1074 of the Civil Code of the Russian Federation indicate those persons who are responsible for the actions of minors. In this context, the legislator divides minors into minors - up to 14 years old and minors - from 14 to 18 years old.

The following categories of citizens may be held responsible for minors:

• Parents;
• Guardians and trustees;
• Employees of educational or medical institutions;
• Employees of organizations for children who are left without parental care;
• Other organizations that were responsible for supervising the child during the period the child committed the violation.

Parental responsibility for violations and crimes of minors remains for 3 years after deprivation of parental rights.

Persons aged 14 to 18 can pay compensation for harm or damage themselves if they have income at the time. If they have no income, this responsibility passes to the parents.

Basic responsibilities of parents

A special case of termination of responsibility for a person who has not reached the age of majority is emancipation . Emancipation is the process of recognizing a child as an adult before he reaches the age limit established by law.

For example, if a child is married before the age of 18, he is considered an adult.

The Family Code provides for the responsibilities of parents, which they must fulfill . These include, in particular:

• Personally raising a child;
• Independent choice of upbringing methods that do not contradict the safety of children and their interests;
• Providing assistance in the psychological and spiritual development of the child;
• Creation of necessary living conditions for the child, his material support;
• Comprehensive education of the child through kindergartens, schools, clubs and sections;
• Protecting the legal interests of the child in courts or other bodies where the participation of a legal representative is required.

It is believed that parents are obliged by default to fulfill all the duties assigned to them by the code..

If a child behaves inappropriately, violates the law and public order, it is considered that this is a failure of the parents. Consequently, they are obliged to independently answer for the actions of their poorly raised child.

Responsibility for improper education

Failure to comply with parental responsibilities for raising and caring for a child can lead to limitation or complete deprivation of parental rights.

Control over the actions of parents is carried out by guardianship and trusteeship authorities. They register those families in which the living conditions for children are poor, parents drink or beat children.

At any moment, children can be taken from these families, sent to an orphanage and a new family can be found for them.

The grounds for holding parents accountable are:

• Abuse of parental rights;
• Improper performance of parental responsibilities;
• Intentionally committing actions that caused physical or psychological harm to a child.

In addition to deprivation of parental rights, various penalties may be applied to parents. For malicious evasion of alimony payments, for example, criminal liability is provided.

Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation provides for punishment for non-payment of alimony for more than 2 months . When a violator has several administrative fines under this article, a criminal case is initiated against him.

Criminal liability of parents for minor children

According to Art. 20 of the Criminal Code of the Russian Federation, criminal liability for adolescents begins as a general rule at the age of 16 . However, if a child commits a particularly serious crime, then he can become a legal subject of the crime from the age of 14.

Such particularly serious crimes may include:

• Premeditated murder;
• Terrorist activities;
• Violent acts of a sexual nature;
• Intentional infliction of serious bodily harm;
• Extortion;
• Theft of other people's property, etc.

As a rule, defendants between the ages of 14 and 16 are subject to medical or other coercive measures as punishment. Children may be placed under parental supervision or placed in a medical facility.

That is why, when passing a sentence in court, the following features of a minor defendant are taken into account:

• His living conditions;
• Upbringing;
• Sanity and ability to be aware of one’s actions;
• Mental development;
• Availability of education;
• Lifestyle;
• Psychological condition;
• The presence or absence of diseases.

A forensic medical examination is required to establish the sanity of the child, assess his health and danger to society.

Both interrogation during investigative actions and the child’s participation in court hearings is carried out only in the presence of his legal representatives. These are, as a rule, parents or guardianship authorities if the parents are the injured party in the case.

Most often, those involved in criminal cases are teenagers from disadvantaged families. They grow up and are brought up in conditions where parents are busy with their own affairs and do not control the lives of their children.

For failure to fulfill parental responsibilities, criminal liability is provided under Art. 156 of the Criminal Code of the Russian Federation.

According to Art. 156 of the Criminal Code of the Russian Federation, parents who are negligent in raising their children face the following liability options:

• Fine up to 100 thousand rubles;
• Fine in the amount of the convicted person’s income for up to one year;
• Mandatory work up to 440 hours;
• Correctional labor for up to 2 years;
• Forced labor for up to 3 years;
• Imprisonment for up to 3 years.

In addition, parents are required to compensate the injured party for damages caused by their child's criminal offense. These are, first of all, compensation for damage to property, the cost of treatment and moral damage.

Administrative responsibility of parents for minor children

The responsibility of parents for offenses committed by minor children is provided for by the Code of Administrative Offenses of the Russian Federation until the age of 16 years. If at this point the children cannot pay the amount of damage on their own, their parents come to their aid.

Such crimes for which parents will be held responsible include:

• Violation of traffic rules;
• Avoidance of studies;
• Socially dangerous acts;
• Petty theft;
• Hooliganism;
• Antisocial behavior.

For administrative violations, liability is possible in the form of:

• Penalty compensation in the amount of half the minimum wage;
• Making a public apology to the injured party;
• Self-repair of damage.

In addition, if the court finds in the actions of the parents improper performance of their duties, it may apply administrative penalties against them. In particular, the reasons for this may be the lack of social education and training, and inadequate provision for the child.

According to Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, for improper performance of their duties, parents face a fine of 100 to 500 rubles.

This measure of liability can be applied both when committing an administrative offense by a minor, and as an independent measure of influence on parents.

Cases of administrative offenses in 2020 are authorized to be considered on the basis of Art. 22.1 Code of Administrative Offenses of the Russian Federation of the Commission on Juvenile Affairs.

Responsibility of parents for violation of traffic rules by children

Violation of traffic rules by a child is a special case of an administrative offense. The subjects of this offense are the parents.

Parents should explain to their children the rules of behavior on the road and monitor their compliance with these rules. An untrained child can create a dangerous situation on the road not only for himself, but also for other road users.

Actions and inactions of parents that can lead to children violating traffic rules include:

• Purchasing motor vehicles for children under 16 years of age or providing them with their own cars for use;
• Walking for preschool children unaccompanied by adults;
• Parents send their children to the stores across the street unaccompanied;
• Parents do not supervise their children's use of bicycles;
• Parents do not lead preschool children by the hand when crossing the road.

For these actions under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of penalties from 100 to 500 rubles.

Parents should be involved in raising their children. Children, due to their age, emotional and physical development, do not know much. Children need to be given the correct information, explained what they can do and what they absolutely cannot do.

Only then can it be possible to avoid cases of crimes and illegal actions committed by minors, for which parents will have to bear responsibility.

Responsibility of parents for offenses of minor children under the law in Russia in

Lack of parental attention, permissiveness and promiscuity lead to children committing unconscious offenses and real crimes. The law determines the responsibility of parents for the unlawful acts of their minor children.

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Liability for harm caused by minor children

The birth of children entails not only new rights, but also obligations. Parents are responsible for the moral education of the younger generation. The task of the father and mother is to raise a worthy heir, to provide favorable conditions for life, growth and personal development.

If a child violates public order or commits unlawful actions against other persons or other people’s property, the minor’s representatives are responsible for such actions. Depending on the severity of the offense committed, the Criminal, Civil or Administrative Code is applicable.

Civil (property) liability

Persons who are responsible for the actions of minors are identified in Articles 1073 and 1074 of the Civil Code of the Russian Federation. The legislator divided responsibility for the actions of minors under fourteen years of age and children from 14 years of age to adulthood.

For the actions of persons under 14 years of age the following are responsible:

• Parents.
• Trustees and guardians.
• Employees of organizations for children left without adult care.
• Employees of educational institutions.
• Employees of medical institutions.
• Organizations providing child care if an illegal act was committed during the period of supervision.

At the age of 14 to 18 years, a teenager is independently responsible for unlawful acts. But in the absence of funds to compensate for the damage caused, the responsibility passes to the parents or guardians. Adults are responsible for their actions with their own property and personal freedom.

Parents' responsibility for offenses committed by minor children remains for three years after deprivation of parental rights.

According to the legislator, the ability to commit unlawful acts directly depends on improper upbringing. Before the deprivation of rights, the father and mother could be negligent in their duties. As a result, the child developed a tendency towards antisocial behavior.

When children are in preschool, educational, sports institutions or are in a camp, responsibility for their actions lies with educators and teachers.

A facility that fails to properly supervise minors may be subject to liability.

For example, a student did not show up for classes; while he was absent, he committed theft from a store. Under these circumstances, educators must be punished.

The violation in this situation is that the teachers did not react in any way to the student’s absence and did not inform parents or law enforcement agencies. While staying in an entertainment center or kindergarten, responsibility is assigned to the employees of these institutions.

In such situations, the administration of the institution has a chance to evade responsibility. To do this, it is necessary to prove that the student committed the act as a result of poor upbringing. If parental negligence is established, the damage will be compensated from the family budget.

During extracurricular hours and during the holidays, responsibility for the actions and leisure of minors lies with the parents.

Criminal liability

The Criminal Code of the Russian Federation regulates the age limit at which criminal penalties can be applied to a teenager. According to paragraph 1 of Article 20 of the Criminal Code of the Russian Federation, criminal liability begins at the age of 16. Paragraph 2 of the article contains a remark. Criminal liability may arise from the age of 14 when committing particularly serious crimes:

• premeditated murder;
• sexual assault;
• intentional infliction of harm to health;
• theft of someone else's property;
• vehicle theft;
• extortion;
• terrorist activities.

Trial proceedings for persons aged 14 to 16 years are carried out with particular care. When assigning punishment, the following are taken into account:

1. Compliance of a minor with his age in terms of physical and intellectual indicators.
2. Mental development and education.
3. The ability to understand and evaluate one's actions.
4. Conditions of life and education.

As a rule, measures of compulsory pedagogical influence are applied to this age category for the purpose of re-education. The child may be released under the supervision of parents or to a specialized educational and medical institution.

Parents are the representatives of minors in court. During the trial, the court examines the living conditions of the teenager and the participation of official representatives in the formation of his personality. The legislator equates the level of education and the tendency to commit illegal acts.

According to statistics, most teenage crimes are committed by children from disadvantaged families. The responsibility of parents for the upbringing of their wards is prescribed in Article 61 of the Family Code. Violation of this provision is punishable under Article 156 of the Criminal Code of the Russian Federation. To apply it in court, the following circumstances must be proven:

• parents are negligent in raising their child;
• illegal behavior is encouraged in the family;
• immoral lifestyle of the trustees;
• the child is not provided with educational leisure;
• insufficient attention from parents.

If persistent violations are detected, the court has the right to limit or deprive parental rights.

Criminal liability of parents for the acts of minor children provides for the following penalties:

• fine up to 100,000 rubles;
• compulsory work up to 440 hours;
• correctional labor for up to two years;
• forced labor for up to three years;
• deprivation of the right to engage in certain types of activities for up to 5 years;
• imprisonment for up to three years.

Additionally, adults are responsible for compensation for damages received in connection with the criminal act of a minor. For example, when harm is caused to health, the parents of the offender are obliged to reimburse the victim for expenses for treatment, as well as pay moral compensation.

Penalties under the Administrative Code

Administrative responsibility for minors begins at the age of 16. Teenagers are responsible for their actions with their own property and earnings. In the absence of income, payment of fines and compensation is shifted to adults. Administrative responsibility for children under 16 years of age rests with parents. Such juvenile offenses include:

• avoidance of studies;
• socially dangerous acts;
• violation of traffic rules;
• petty theft and hooliganism;
• antisocial offences.

Penalties:

• fine (half the minimum wage);
• a public apology to the victim;
• self-repair of damage.

The fine and payment of compensation can only be applied to teenagers who have independent income. In the absence of such, material and property liability is assigned to the legal representatives in accordance with the norms of civil law.

The legislator draws a parallel between illegal acts and the level of mental development and adult participation in education. The Code of Administrative Offenses regulates penalties for parents and guardians. Punishment is imposed for violations related to:

• lack of social education;
• inadequate provision;
• training;
• rights and interests of children.

Article 5.35 of the Code of Administrative Offenses of the Russian Federation establishes a fine of 100 to 500 rubles as punishment for improper performance of parental responsibilities.

Delinquency is a consequence of lack of good education, sufficient parental attention and moral values.

Violations under this article can be either an independent basis for applying punishment or an additional circumstance in connection with an offense committed by a teenager.

According to the general rule of Article 4.5 of the Code, the statute of limitations for an administrative offense remains for 2 months. In the case of a court decision - 3 months.

Responsibility for improper education

Parental responsibility for minor children begins from the moment of their birth and lasts until the age of 18.

In Russian legislation, the rights and obligations of trustees are enshrined in Article 61 of the Family Code. This article regulates the equality of father and mother in education.

According to the provisions of the Convention on the Rights of Children, it is the older generation who bears the primary responsibility for the upbringing and maintenance of their heirs. World legislation obliges us to provide material and moral conditions for a full life and development of the younger generation.

Article 63 of the Family Code of the Russian Federation combines several concepts into the term “upbringing”:

1. Promotion of physical development.
2. Caring for the mental, moral and moral development of the individual.
3. Ensuring an appropriate level of education (provide general education).

Responsibility arises when citizens systematically evade parental responsibilities.

The grounds for liability are:

• Improper performance of one's duties.
• Abuse of parental rights.
• Intentional commission of acts causing physical and psychological harm to a minor.

Improper implementation means neglect of the child’s health, encouragement of hooliganism, and ignoring school meetings. An example of abuse of one's rights is concealing the location of a minor from the second parent or kidnapping. Psychological and physical damage can be caused by physical punishment and immoral behavior of adults.

Evasion of obligations to provide, educate and raise children threatens trustees with administrative and criminal liability. The punishment for this violation, depending on the circumstances, can be either an administrative fine or imprisonment.

Responsibilities under Family Law

Parents are responsible for their children until they reach adulthood or emancipation. Parental functions are specified in the provisions

Family Code. In Article 63, the legislator defines the main job functions of parents:

1. Personally educate a minor.
2. Choose teaching methods and methods of education that do not contradict the interests of children and their safety.
3. Promote the spiritual and psychological development of a small personality.
4. To provide high-quality material conditions for a happy and fulfilling childhood.

These responsibilities are implemented through personal contact with the child. The legislator clarifies the equality of powers and obligations regardless of who the minor lives with. Both parents should be fully involved in his life. Avoidance of these responsibilities without good reason is a violation.

The moral and social development of young children depends on the behavior of adults. A negligent attitude towards the educational process leads to teenage crime. Unfair performance of duties can have a negative impact on the parents themselves. It is the duty of the trustees to be responsible for a child’s misconduct, as well as to compensate for the damage caused.

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Responsibility of parents for improper upbringing of children

Russian legislation establishes that caring for children, as well as their upbringing, is the responsibility of parents. This provision is enshrined in Part 2 of Article 38 of the Constitution of the Russian Federation.

The Family Code in Article 63 establishes that parents have the right and obligation to raise their own children.

Regardless of where both parents are, they are responsible for raising their child. And even those cases when parents temporarily hand over their children to relatives or strangers so that they can look after them does not relieve them of responsibility. Parents bear responsibilities for raising children until they reach adulthood.

What parental responsibilities are provided for by federal law?

Currently, the current legislation of the Russian Federation provides for various types of liability for failure to fulfill or improper fulfillment of one’s duties in raising children.

Criminal liability

Article 156 of the Criminal Code of the Russian Federation states that criminal liability is provided for non-fulfillment or improper fulfillment of responsibilities for raising a minor by a parent or other person who is entrusted with these responsibilities. In turn, it is the duty of a teacher or other employee of an educational, medical, training institution to supervise a minor if this act is related to cruel treatment of a minor.

Article 157 of the Criminal Code of the Russian Federation establishes criminal penalties for malicious evasion of parents from paying child support. The law establishes liability for such a violation in the form of correctional labor for a term of one year, forced labor, as well as arrest for up to three months or imprisonment for a term of up to one year.

Abuse can be expressed in the form of physical violence (beatings, torture, harm to health). Violence can also be of a mental nature (insults, humiliation, exploitation).

A person who has committed a crime under Article 156 of the Criminal Code of the Russian Federation may be punished:

• In the form of penalties in the amount of up to 120 thousand rubles or in the amount of wages for a period of up to 1 year.
• In the form of compulsory work for a period of up to 220 hours;
• In the form of correctional labor for up to 2 years;
• In the form of imprisonment for up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for up to 5 years.

Civil liability

For failure to fulfill or improper fulfillment of responsibilities for raising children, parents are held civilly liable.

It is possible to recover compensation in favor of the child for causing him property or moral harm. The punishment is not provided for by the Family Code, but follows from the provisions of the Civil Code, namely from articles 151,1064,1099.

Parents who violated their duties, did not provide the child with food, clothing and other things necessary for life support, and this led to harm to the child’s health, are brought to civil liability in the form of compensation for moral damage and damages.

Responsibility provided for by the Family Code of the Russian Federation

The Family Code, namely Article No. 69, provides for the deprivation of parental rights if the parents:

• Avoid paying alimony and fulfilling their obligations;
• Without a good reason, they refuse to pick up their child from a maternity hospital or other department of a medical, educational or other institution;
• Abuse of parental rights;
• Have a physical and mental impact on the child;
• Violate sexual integrity;
• Suffer from alcoholism or drug addiction;
• Committed an intentional crime and caused harm to the health and life of their child or spouse.

Administrative and legal responsibility

Article 5.35 of the Code of Administrative Offenses of the Russian Federation states the following: failure by parents or other legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of children is that parents intentionally fail to fulfill their duties, namely:

• They do not properly care about the moral education of their child;
• They do not monitor the child’s physical development;
• They do not create conditions for the life support of a minor, etc.

Such an offense refers to a continuing administrative offense. Failure to fulfill one’s duties means the systematic nature of illegal actions or inactions.

According to the Federal Law of December 29, 2010 No. 436-03 “On the protection of children from information harmful to their health and development,” in the presence of parents or legal representatives, children who have reached the age of six are allowed access to information products that contain the following content:

• Description or image that does not encourage antisocial behavior, such as the use of harmful substances;
• Materials that do not contain images of cruelty or violence without naturalistic display;
• Episodes that do not contain sexual content.

Who besides parents can be held administratively liable?

The law equates other persons with parents. Such persons are guardians, adoptive parents, and trustees. Trustees can be both individuals and officials from guardianship and trusteeship authorities and other public education institutions.

Also, the adoptive parents are assigned responsibilities: supporting the child, raising, training, protecting his rights and interests.

Who can draw up and review protocols on the administrative responsibility of parents

Protocols on administrative offenses in accordance with Article 5.35 of the Code of Administrative Offenses are drawn up by officials of internal affairs bodies. Members of the commission on juvenile affairs and protection of their rights also have such powers.

All cases of administrative offenses are considered by the commission for minors at the place of residence of the person in respect of whom the case of an administrative offense was resumed.

How can parents be punished for their children's misdeeds?

Raising and caring for children is your responsibility as a parent. When a minor or teenager commits a crime, the punishment will inevitably affect the family members who are primarily responsible for it. In the vast majority of cases, parents pay administrative fines, since the minor does not have the appropriate financial capabilities.

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In what cases and up to what age do parents pass responsibility?

Parental responsibility for the misconduct of minor children arises until the latter reaches 18 years of age.

Responsible persons also include guardians, adoptive parents, trustees and other citizens caring for the child in accordance with the law.

It is important to note here that family members (grandparents, brothers, sisters) whose children remain in temporary care or supervision are not responsible for their misconduct.

There are three forms of responsibility, as well as age limits, upon reaching which citizens are independently responsible for their unlawful acts:

• administrative - for an offense contrary to the Administrative Code starting from the age of 16 (Article 2.3 of the Code of Administrative Offenses of the Russian Federation);
• criminal - for a crime contrary to the special part of the Criminal Code starting from the age of 16 (Article 20 of the Criminal Code of the Russian Federation);
• civil law - for causing property and material damage contrary to the Civil Code starting from the age of 14 (Article 1074 of the Civil Code of the Russian Federation).

From this age until the age of 18, the parents and legal representatives of the child assume partial responsibility. It should be noted that there is a list of crimes for which criminal punishment is possible even earlier - after 14 years. Among them (Part 2 of Article 20 of the Criminal Code of the Russian Federation):

• physical violence leading to grave consequences;
• premeditated murder;
• sexual assault;
• robbery, robbery, theft;
• participation in terrorist activities;
• theft of drugs, explosives, weapons;
• destruction or damage to property with aggravating consequences;
• other grave and especially grave crimes.

A minor may be released from criminal liability if a mental retardation is established. The punishment for parents will correspond to the severity of the act, taking into account aggravating circumstances and other factors.

If the child’s actions bear a trace of cruel treatment, the legal representatives can be imprisoned for up to three years (Article 156 of the Criminal Code of the Russian Federation).

Administrative responsibility

Parents of minors bear administrative responsibility until they reach the age of 16 and partially thereafter.

The jurisdiction of the Code of Administrative Offenses of the Russian Federation includes petty theft, hooliganism, storage or use of narcotic substances in small doses, insults, drinking alcoholic beverages, smoking, etc. For relevant acts, penalties are applied under the articles of the Code, as well as in accordance with Art.

5.35 Code of Administrative Offenses of the Russian Federation. It involves a financial burden on parents in the amount of 100 to 500 rubles for improper performance of their duties in raising children.

Common offenses and penalties under the Code of Administrative Offenses of the Russian Federation:

• alcohol or drug intoxication - 1.5-2 thousand rubles (Article 20.22);
• petty hooliganism - a fine of 500 to 300 thousand rubles, depending on the circumstances of the offense (Article 20.1);
• insult - a fine of 1-5 thousand rubles for individuals (Article 5.61);
• petty theft - a fine of five times the value of the stolen property (Article 7.27).

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An adult must pay the fine if the minor does not have his own funds to repay the debt to the state, in accordance with paragraph 2 of Art. 32.2 Code of Administrative Offences.

If the violator has not reached the limit of administrative responsibility, then an educational and preventive conversation is held with him and his parents. Parents are also entitled to a fine under Art. 5.35.

Responsibility of parents for violation of traffic rules by children

- Dmitry Ivanov. Lawyer

Source: https://zakonguru.com/semejnoje/nakazat-roditelej.html

The prosecutor's office explains the responsibility of parents for improper performance of duties for the maintenance, upbringing, education, protection of the rights and interests of minors

In accordance with Part 2 of Art. 38 of the Constitution of the Russian Federation, caring for children and raising them is an equal right and responsibility of parents.

In development of the constitutional norm of Art. 63 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) establishes that parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents are obliged to ensure that their children receive a general education.

Furthermore, in accordance with Art. 64 of the RF IC, parents are entrusted with protecting the rights and interests of children.

For failure to fulfill or improper fulfillment by parents or other legal representatives of minors (adoptive parent, guardian, trustee) of the responsibilities for the maintenance, upbringing, training, protection of the rights and interests of minors, liability arises in accordance with Part 1 of Art. 5.35 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

The offense in question consists of the inaction of parents or other legal representatives of minors when they do not care about the moral education, physical development of children and strengthening their health, creating the necessary conditions for their timely receipt of education, successful training, etc. For example, if a child misses school without good reason, and parents do not control his attendance at an educational institution, if the child needs medical care, and parents do not provide it in a timely manner, etc.

For this offense, in accordance with the sanction of Part 1 of Article 5.35 of the Code of Administrative Offenses of the Russian Federation, an administrative fine in the amount of 100 to 500 rubles may be imposed on parents (legal representatives).

Failure to fulfill or improper fulfillment of the duties of raising a minor, if this act is combined with cruel treatment of the minor, entails criminal liability under Art. 156 of the Criminal Code of the Russian Federation.

The law prohibits parents from causing harm to the physical and mental health of children and their moral development when exercising parental rights. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

Cruel treatment can be expressed, for example, in beatings, failure to provide food, clothing, or other actions (inactions) that bring physical or mental suffering to the child.

For committing this crime, the perpetrator faces up to 3 years in prison. In cases where cruel treatment forms an independent crime, for example, causing harm to health of varying severity, beatings, torture, such actions will additionally be qualified under the relevant article of the Criminal Code of the Russian Federation.

Facts of improper fulfillment of parental responsibilities or child abuse can be reported to social welfare authorities, police and prosecutors.

Senior Assistant Interdistrict Prosecutor S.Yu. Saidukova

Source: https://hamovniki.mos.ru/administrative-authority-shall-inform/detail/8371384.html

Administrative responsibility of parents

Legislation, and primarily the Code of the Russian Federation on Administrative Offences, provides for punishment for negligent parents and other legal representatives of minors. Hold you accountable for everything at once

Part 1 of Article 5.35. The Code of Administrative Offenses of the Russian Federation provides for a comprehensive composition: “non-fulfillment or improper fulfillment of duties for the maintenance, training, protection of the rights and interests of minors.” All life situations fit this definition.

A child skips school - the parents do not provide for the process of his education, hooligans - the parents do not provide for his upbringing, the child needs hospitalization and serious treatment, and the parents are supporters of traditional medicine - the actions of the parents harm the child and violate his rights to medical care, and so on further ad infinitum. Part 2 of the same article provides for punishment for more specific actions - deprivation of the opportunity to communicate with parents or close relatives; failure to comply with a court decision to determine the place of residence of children; failure to comply with a court decision on the procedure for exercising parental rights; preventing parents from exercising their rights to raise and educate children and protecting their interests.

That is, the law provides for cases when, as a result of family conflicts, one of the parents, or even a grandmother or grandfather, takes the child, does not allow anyone else to communicate with the child, does not say where the child is, and simply ignores court decisions.

Such cases are not uncommon, and it was in order to increase liability for such offenses that Parts 2 and 3 of Article 5.35, which previously consisted of only one part, were introduced in 2011.

Part three of Article 5.35. liability is provided for repeated commission of violations provided for in the second part of the same article. Also Article 20.

22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of parents or other legal representatives for the appearance of minors under the age of 16 in a state of intoxication, as well as for their drinking beer, alcoholic beverages, and the use of narcotic and intoxicating substances in public places.

Why are we talking only about those who have not reached the age of 16? Because from the age of 16, a minor already bears administrative responsibility for these offenses. Regional specifics

Federal legislation allows regions to formulate their own, regional or territorial legislation on administrative responsibility. Such legislation exists in Moscow, St. Petersburg and many other regions of the country.

Among other offenses, regional legislation may also provide for offenses that provide for the liability of parents and legal representatives. Thus, in St. Petersburg, liability is provided for allowing minors to be in public places at night without being accompanied by their parents or persons in their stead.

A similar norm is contained in the legislation of the Leningrad region and other regions of the country. Who can be held liable?

In addition to parents, guardians and trustees, foster parents (foster family as a form of guardianship on paid terms), persons who have adopted children in court, that is, de jure who have become parents for the child, may be held liable.

Persons deprived of parental rights (we are talking specifically about the child in respect of whom the deprivation of rights was carried out), guardians and trustees whose powers were terminated by the time the event occurred that caused the prosecution cannot be held liable.

In other words, it is impossible to bring to justice a person who, although for some time was the legal representative of a minor, ceased to be such at the time of the occurrence of the event that served as the basis for holding him accountable.

For example, if a teenager stole a car, but he has not yet reached the age of criminal responsibility, then the parents should be brought to administrative responsibility, but since they were already deprived of parental rights at the time of the theft, the guardian will be held accountable.

How will they be punished?

For committing offenses provided for in parts 1 and 2 of Article 5.35 and Article 20.22 of the Code of Administrative Offenses of the Russian Federation, punishment is provided in the form of a fine. The fine is small - from 100 to 500 rubles (part 1 of article 5.35) and from 300 to 500 rubles (part 20.22). Part 2 Art. 5.35 provides for a fine of 2 to 3 thousand rubles.

The logic is simple: the fine will be paid from the budget of the same family in which the minor lives, which means that it will ultimately negatively affect the child’s support. On the other hand, violation of the rights and interests of a child is unacceptable, just as failure to comply with court decisions is unacceptable. Therefore, Part 2 of Article 5.35 provides for a larger fine.

Part three of Article 5.35. an increase in the fine to 5 thousand rubles is provided, and punishment in the form of administrative arrest is also provided. Statute of limitations

There is a general rule provided for in Article 4.5. Code of Administrative Offenses of the Russian Federation, according to which a resolution on an administrative offense cannot be made later than two months from the date of commission of the administrative offense, and in a case considered by a judge - later than three months. Who makes the decision?

The body authorized to consider cases of administrative offenses provided for in Articles 5.35. and 20.22 of the Code of Administrative Offences, is the commission for the affairs of minors and the protection of their rights. The case is about an administrative offense under Part.

3 tbsp. 5.35 may also be reviewed by the judge. Commissions on juvenile affairs (the so-called KDN) were created back in the Soviet years, and have not lost their relevance today.

Based on the results of consideration of the material on the administrative offense, the commission makes a decision either to terminate the proceedings in the case or to bring the person to justice, indicating the type and amount of punishment.

The KDN or judge receives ready-made material for consideration, which is based on a protocol on the commission of an administrative offense, but it still needs to be drawn up.