Peculiarities of registering marriage with minors in the Russian Federation

Reasons for underage marriage

Article 13 of the Family Code indicates that in the presence of certain valid reasons (in certain cases), local government bodies (usually district or city administrations) have the right to allow persons who have reached the age of incomplete legal capacity, that is, sixteen years, to marry.

But the legislation does not provide a list of such reasons, so they can be identified based on already established practice:

• pregnancy;
• actual relationship (civil marriage);
• presence of common children;
• threat to life;
• the groom's conscription for military service.

Parental permission is not required for such a marriage.

Sexual intercourse with a person under 16 years of age

Criminal liability for committing a crime under Art. 134 of the Criminal Code of the Russian Federation occurs if the perpetrator, on the basis of objective data, reliably knew that he was having sexual contact with a person known to be under 16 years of age.

Hello! I have a question. I have a friend who had sex with a minor a year ago. He did not know her exact age, but believed that she was less than 16, but more than 14 years old. Most likely, she was 15 years old, and now she is already 16. He is in his early 20s. A lot of alcohol was consumed, both on his part and on her part. All this happened in the car, and the process itself was interrupted by her grandfather, he opened the front passenger door. He and the girl were respectively in the back seat. It was dark and little could be seen. In addition, her grandfather loves to indulge in alcohol. He had a fight and the girl went home. I recently saw a program on TV about how one person was imprisoned for 3 years under Article 134 of the Criminal Code of the Russian Federation. Is this option possible with my friend? Is it possible to prove that there was no sexual intercourse if the girl herself, at the behest of her parents or grandfather, goes to the police. What options might there be? A little earlier, his sister was in the car, but before the intimacy happened, she went into the house, but she can say that she was in the car and nothing happened there. How should my friend behave? Maybe deny everything? Can everything come to light if a year has passed since the specified events. Sergey

Hello!

Criminal liability for committing a crime under Art. 134 of the Criminal Code of the Russian Federation “Sexual intercourse and other actions of a sexual nature with a person under the age of sixteen” is possible only if the offender knew, and did not admit, that he was having sexual contact with a person under the age of 16.

In this regard, if your friend is brought to criminal responsibility, it is in his interests to assert that, based on the perception of his appearance and other information known to him, he was in good faith mistaken about the age of the victim, believing that she was at least 16 years old, to provide evidence in support of this circumstance .

Considering that, as you say, a year has passed since the event, of course, it is possible to deny sexual contact with the victim, since after such a period of time it is hardly possible to establish traces of it by expert means. If a girl applies (most likely through the participation of her legal representatives - parents or other close relatives) with a statement to initiate a criminal case, you can try to refer to the testimony of witnesses who will refute the very fact of sexual contact, but the final decision on how to behave is It is better to take it only after a face-to-face consultation with a lawyer, during which the lawyer will become aware of all the details of what happened.

As for the story of a three-year sentence, the law allows this, since the sanction of Art. 134 of the Criminal Code of the Russian Federation – up to 4 (four) years of imprisonment.

However, in the case of initial criminal prosecution, this is hardly possible. However, the decision on the issue of sentencing depends on a number of factors, important among which are the position of the victim (regarding the severity of the punishment imposed) and the defendant himself towards the crime (whether he admits guilt or denies everything).

In any case, with our law enforcement system, it is extremely undesirable to lead to the initiation of a criminal case; it is better to come to an amicable agreement with the injured party.

I will also add that pointing out that your friend and girlfriend are drinking alcohol will not bring him any benefit, regarding the girl’s condition, rather the opposite.

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Conditions for marriage at 16 years old

The Insurance Code also provides for the possibility of marriage as an exception in the event of special circumstances for persons who have reached the age of partial legal capacity - 14 years (but less than 16 years of age). But the Law also does not provide for these conditions; it only states that these conditions must be documented.

In practice, such conditions most often are:

• pregnancy (must be confirmed by a certificate from a hospital or antenatal clinic);
• emancipation (basis - court decision);
• birth of a child (confirmation - birth certificate).

In this case, written consent to the marriage of the parents or their substitutes (adoptive parents, trustees) is required . If there is a disagreement between parents on this issue, it is resolved through the board of trustees.

According to the Family Code, special permission is required to marry minors. The procedure for obtaining this permission is established by legislation at the level of the constituent entities of the federation, that is, it differs in each region.

Relationships between minors: what does the law say about them?

A popular proverb says: “Big children are big troubles.” It is clear that there are no ideal children and that at any age they not only please, but also upset their parents with bad behavior and misconduct. However, the most difficult period of growing up is adolescence. It seems to children that they are already adults, and they begin to taste this long-awaited adult life. And then the 16-year-old daughter comes to her parents and admits that she is pregnant or goes to live with her boyfriend. What should parents do? Often such problems must be considered not only from the moral and ethical side, but also from the legal side.

Parents often write to our editorial office, concerned that their minor children began to be sexually active early. Ivan Dolgov answered several of the most difficult, most intimate questions . Perhaps this article will help parents who find themselves in a similar situation understand their rights and responsibilities.

Question: “My daughter is a schoolgirl, studying in the 11th grade. She turned 16 this summer. On her birthday, she announced that she was now an adult and would live with her boyfriend. He is also 16. We don’t know whether she has the right to do this from the point of view of the law and if she leaves anyway, could we have problems with the guardianship authorities? After all, it turns out that the minor left home, and this is a reason for investigation.”

The issue is indeed very complex, not only from a moral, but also from a legal point of view. On the one hand, a teenager who has reached the age of 16 is recognized, in accordance with Article 26 of the Civil Code, as partially capable and endowed with a set of various rights. For example, he can enter into small household transactions and independently manage his income. On the other hand, in accordance with Article 54 of the Family Code, a child is a person who has not reached the age of 18 years (the age of majority), that is, all the responsibilities of parents (or persons replacing them) also apply to 16-year-old children. The same Article 54 of the Family Code secures the child’s right to live together with his parents, but Article 24 of the Civil Code obliges only children under 14 years of age to live with their parents. It turns out that according to the law, a 16-year-old teenager can determine his own place of residence, while leaving all responsibilities for his upbringing and protection of his rights to his parents. In other words, in this case, parents still have to support the child, monitor his education and behavior.

In this case, the guardianship authorities have the right to conduct an appropriate inspection in order to find out the reasons for the separation and make sure that the parents did not force the child to leave home. If it is proven that the child’s rights were not violated in the family, these checks will not bring any negative consequences.

Question: “Our 17-year-old daughter is expecting a baby. She won't admit who the father is. Do we have the right to insist on a forensic examination to identify the father and bring him to justice?”

To answer this question, we need to consider several interrelated laws. The rules governing the establishment of paternity in court are universal for both adult parents and minors. Article 49 of the Family Code provides for the establishment of a child’s origin from a specific person (paternity) in court at the request of one of the child’s parents or at the request of a person who is dependent on the child. The court takes into account any evidence that reliably confirms the origin of the child from a specific person. Based on this, it turns out that only your daughter has the right to establish paternity through the court, but you can try to prove that the child born is your dependent, then you have the right to demand an examination.

The complexity of the situation lies in the fact that your daughter is already 17 years old, and Article 62 of the Family Code gives minors who have reached the age of 16 the right to independently raise their child. You will first have to prove through the court that the newborn child is your dependent. This will be very difficult to do, but if everything works out, you will be able to claim paternity. What to do if the child’s father turns out to be an adult man, read below.

Question: “Our minor daughter is in a relationship with an older man. We don't know if they are intimate, but we suspect that they are. Is it possible to conduct an examination to find out this and bring him to trial?”

It is not clear from the question how old the daughter is - whether she is 16 or not. Therefore, we will consider both options.

The main thing is that, in accordance with Article 64 of the Family Code, the protection of the rights and interests of children (under 18 years of age) is entrusted to their parents. This includes responsibilities to protect the health of children. It is the parents (or persons replacing them) who have the right to determine for themselves when and what kind of medical examination their children should undergo, and to know about its results, if this does not entail a violation of the rights of the children themselves. In this case, the child may refuse to undergo such a delicate examination. In this case, the legislator does not provide for any legal mechanism of coercion, but allows the intervention of guardianship and trusteeship authorities, which should provide psychological assistance and support to the child at the time of the examination, in other words, parents will be able to insist on a medical examination, but with the assistance of the guardianship authorities. If the fact of intimacy will be established, your further actions will depend on the age of the child.

If the child is under 16 years of age at the time of sexual intercourse, then acts of a sexual nature on the part of an adult are clearly criminal offenses in accordance with Article 134 of the Criminal Code and are severely punished. The court can spare your daughter's chosen one from punishment if he committed such a crime for the first time and is ready to marry the victim. The law allows such a situation, and interprets the crime itself as having ceased to be socially dangerous.

If the child was 16 years old at the time of sexual contact, the fact of intimate intimacy was established and it was mutually voluntary, then your daughter’s adult partner cannot be held criminally liable.

Intimate relationships are called intimate precisely because they are not usually made public, however, when it comes to minors, parents are forced to discuss these issues with lawyers, representatives of authorities and guardianship and other, not at all close, people. The law does not pay attention to emotions and feelings, and any sensitive issue can be answered dryly in legislative acts.

We have outlined the legal paths that parents who are faced with the situations described above should follow. However, we should not forget about the psychological state of children who will have to go through the fact that their personal lives will be discussed in court, so we advise parents not only to hire good lawyers and advocates, but also to ensure that psychologists are involved in solving family problems. In such situations, everyone will need them - both adults and children.

Ivan Dolgov , lawyer

A teenager lives with an adult, is this legal?

Nadezhda, good afternoon!

Since your son is not yet 16 years old, the fact that he is in a relationship with an adult girl falls under Article 134 of the Criminal Code of the Russian Federation and for this the girl faces criminal punishment.
The age of consent for intimate intimacy is set at 16 years old. A mitigating circumstance would be, for example, if your son gets serious with his girlfriend and they are getting married (for example, if she gets pregnant). In accordance with clause 2. Art. 21 of the Civil Code of the Russian Federation, in cases where the law allows marriage before the age of eighteen, a citizen who has not reached the age of eighteen acquires full legal capacity from the time of marriage. And even if such a marriage is dissolved before the age of 18, the person will still be considered fully capable (if a marriage is declared invalid, the court may decide that the minor spouse loses full legal capacity from the moment determined by the court). Code of Administrative Offenses, Art. 5. 35 for failure by parents or other legal representatives of minors to fulfill the responsibilities for the maintenance and upbringing of minors, the responsibility of parents is established for non-fulfillment or improper fulfillment by parents or other legal representatives of minors of the responsibilities for the maintenance, upbringing, education, protection of the rights and interests of minors shall entail a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles. It is important to note that for a child 15 years old, the curfew is from 10 pm to 6 am. That is, strictly speaking, if your son walks alone after 10 p.m., the police can stop him and they will be required to contact you. You will also be responsible if he is caught drunk, for example. These are all very serious things. Law enforcement agencies can contact the guardianship and trusteeship authority and draw attention to the fact that you are not fully fulfilling your responsibilities for raising a child. The law allows a parent to live separately from a child who has reached the age of 16, with the permission of the guardianship and trusteeship authority, provided that this does not adversely affect the education and protection of the rights and interests of the ward (Clause 2, Article 36 of the Civil Code of the Russian Federation). In any case, it is better for you to agree with your son so that he lives with you until he reaches his 16th birthday, then, according to the law, he will have much more rights, and he will not jeopardize the girl’s safety. All the best! Maria Paulus, lawyer