How to protect the rights of minors?

In accordance with Art. 56 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation), a child has the right to protection of his rights and interests protected by law, which is carried out in the manner prescribed by law, i.e. through the use of proper form and methods of protection.

The provisions of this article establish that the protection of the rights and legitimate interests of the child is carried out by parents (persons replacing them), and in cases provided for by this Code, by the guardianship and trusteeship authority, the prosecutor and the court. A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to defense.

In addition, the child also has the right to protection from abuse by parents (persons replacing them).

In particular, in the event of a violation of the rights and legitimate interests of a child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the responsibilities for raising, educating the child, or in the event of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority , and upon reaching the age of fourteen years, to court.

Thus, a child who has reached the age of 14 has the right to go to court if his parents violate his property or personal non-property rights:

live and be raised in a family (Article 54 of the RF IC)
know your parents (Article 54 of the RF IC)
to care from parents (Article 54 of the RF IC)
for living together with parents (Article 54 of the RF IC)
to be raised by his parents, ensure his interests, comprehensive development, respect for his human dignity (Article 54 of the RF IC)
to communicate with both parents and other relatives (Article 55 of the RF IC)
express your opinion (Article 57 of the RF IC)
to the first name, patronymic and last name (Article 58 of the RF IC)
to receive maintenance from their parents and other family members (clause 1 of article 60 of the RF IC)
right of ownership (clause 3 of article 60 of the RF IC), etc.

The subjects involved in the implementation, protection and defense of the rights of the child, both in court and out of court, include:

parents (one of them)
persons in loco parentis (guardian, trustee, foster parent, foster carer, adoptive parent)
guardianship authorities
inspection for minors' affairs and protection of their rights
prosecutor
Commissioner for Children's Rights
Commissioner for Human Rights
actual educators
persons who discovered a planted, planted child
other persons and bodies charged by the law of the Russian Federation with the obligation to participate in the implementation, protection and defense of the rights of the child.

At the same time, the scope of powers of the persons mentioned above varies.

For example, parents and adoptive parents have the widest range of powers. These persons have the right to exercise any right of the child that he cannot independently realize.

In turn, the scope of powers of guardians, trustees, and adoptive parents is less than the scope of powers of parents and/or adoptive parents.

These persons act within the limits of the law and the agreement concluded with the guardianship and trusteeship authorities or the founder of the trust management.

However, in the event of a violation of the child’s rights by the parents, adoptive parents, or guardians or trustees, the responsibility for their protection rests primarily with the guardianship and trusteeship authorities, as well as with the prosecutor, who are obliged to protect the rights of the child, including in court:

if it is necessary to collect alimony from parents/guardians in the event of the latter’s refusal to support the child
in case of violation of the property rights of minors and changes in living conditions
in case of violation of the rights of orphans and adopted children
in case of violation of the rights of disabled children and children with disabilities
in case of violation of the non-property rights of minors (the right to education, change of surname and name, to communicate with both parents in the event of divorce, etc.).

It should be separately noted that the competence of the guardianship and trusteeship authorities in all cases is entrusted with control over the actions of parents/guardians/trustees regarding the property rights of children.

In particular, there are a number of transactions, the conclusion of which is impossible without the approval of the guardianship and trusteeship authorities (Article 53 of the Civil Code of the Russian Federation, Article 121 of the RF IC), and which are aimed at:

for the alienation of real estate, the co-owner of which is a child
to change the child’s living conditions
for collateral of real estate belonging to a child
for renting or renting, as well as for providing free use to third parties of housing belonging to a minor child
to renounce an inheritance belonging to a minor
for transactions of purchase and sale of property belonging to an orphan child
for the purchase and sale of real estate, the co-owner of which is a disabled child or a child with disabilities
as well as other actions related to reducing the property of a minor.

Violation of the procedure for obtaining permission from the guardianship and trusteeship authorities or ignoring the opinion of these authorities on the part of parents/guardians gives the right to the guardianship or trusteeship authorities, or the prosecutor, to apply to the court with a demand to declare these transactions invalid, using restitution, in the form of returning the alienated property to ownership minor.

In addition, the guardianship and trusteeship authorities and the prosecutor also have the right to submit a claim to the court for deprivation of parental rights, for restriction of parental rights and for the collection of child support. The corresponding demand of the guardianship and trusteeship authority is formalized by a statement of claim to the court.

Also, the duties of the prosecutor, guardianship and trusteeship authorities, in order to protect the legal rights and interests of children, as well as to give an opinion on the case, include mandatory participation in the consideration of cases by courts:

on the exercise of parental rights by a parent living separately from the child
on deprivation of parental rights and restoration of parental rights
on the restriction of parental rights and on the abolition of restrictions on parental rights
on establishing the adoption of a child
to cancel the adoption of a child.

Summarizing the above, we can conclude that the judicial protection of children’s rights in the Russian Federation is at a fairly high level. A legal framework has been created for the implementation of these rights. A system of social protection for various population groups, in particular children, is being developed. The social security system is also evolving. Various forms of assistance to children in difficult life situations have been identified.

Harassment of children

This is called personal violence.

Russian law provides for a number of sanctions for the use of various forms of violence (physical, sexual or psychological). However, in order for the relevant legal norms to be applied to the offender, it is necessary to have documents or other evidence confirming the use of violence. Such documents (evidence) may be medical documents, testimonies of neighbors, other persons, letters, etc.

THE CRIMINAL CODE OF THE RF DETERMINES THE FOLLOWING TYPES OF PHYSICAL AND PSYCHOLOGICAL VIOLENCE.

Battering (multiple blows; some types of blows may leave no marks).

Article 116 of the Criminal Code of the Russian Federation. Beatings.

Battering or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, is punishable by a fine in the amount of up to one hundred times the minimum wage or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of one hundred twenty to one hundred and eighty hours, or by correctional labor for a term of up to six months, or by arrest for a term of up to three months.

Intentional infliction of harm to health (harm can be severe, moderate, light).

Article 111 of the Criminal Code of the Russian Federation. Intentional infliction of grievous bodily harm.

1. Intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of an organ’s functions, termination of pregnancy, mental disorder, drug addiction or toxicomania, or resulting in indelible disfigurement of a person, or causing a significant permanent loss of general ability to work by at least one third, or a complete loss of professional ability to work, known to the perpetrator, is punishable by imprisonment for a term of two to eight years.

2. The same acts committed:

a) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

b) with special cruelty, mockery or torture for the victim, as well as in relation to a person who is known to the perpetrator to be in a helpless state;

c) in a generally dangerous manner;

d) for hire;

e) for hooligan reasons;

f) based on national, racial, religious hatred or enmity;

g) for the purpose of using the victim’s organs or tissues, -

shall be punished by imprisonment for a term of three to ten years.

3. Acts provided for in parts one or two of this article, if they are committed:

a) by a group of persons, a group of persons by prior conspiracy or an organized group;

b) in relation to two or more persons;

c) repeatedly or by a person who has previously committed murder, provided for in Article 105 of this Code, is punishable by imprisonment for a term of five to twelve years.

4. Acts provided for in parts one, two or three of this article, which through negligence resulted in the death of the victim, are punishable by imprisonment for a term of five to fifteen years.

Art. 112 of the Criminal Code of the Russian Federation. Intentional infliction of moderate harm to health.

1. Intentional infliction of moderate harm to health, not dangerous to human life and entailing the consequences specified in Article 111 of this Code, but causing long-term health disorder or significant permanent loss of general working capacity of less than one third, -

shall be punishable by arrest for a term of three to six months or imprisonment for a term of up to three years.

2. The same act, but perfect:

a) in relation to two or more persons;

b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

c) with special cruelty, mockery or torture for the victim, as well as in relation to a person who is known to the perpetrator to be in a helpless state;

d) by a group of persons, a group of persons by prior conspiracy or an organized group;

e) for hooligan reasons;

f) based on national, racial, religious hatred or enmity;

g) repeatedly or by a person who has previously committed intentional infliction of grievous bodily harm or murder, provided for in Article 105 of this Code, -

is punishable by imprisonment for a term of up to five years.

Art. 115 of the Criminal Code of the Russian Federation. Intentional infliction of minor bodily harm.

Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work -

shall be punishable by a fine in the amount of fifty to one hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of one hundred eighty to two hundred and forty hours, or by corrective labor for a term of up to one year, or arrest for a term of two to four months.

Torture (physical and psychological suffering that can be the result of systematic beatings (torture, threats, insults).

Art. 117 of the Criminal Code of the Russian Federation. Torture.

1. Infliction of physical or mental suffering through systematic beatings or other violent actions, if this did not entail the consequences specified in Articles 111 and 112 of this Code, -

is punishable by imprisonment for a term of up to three years.

2. The same act committed:

a) in relation to two or more persons;

b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty;

c) in relation to a woman who is known to the perpetrator to be pregnant;

d) in relation to a person who is known to be a minor or a person who is known to be in a helpless state or in financial or other dependence on the offender, as well as a person who has been kidnapped or taken as a hostage;

e) using torture;

f) by a group of persons, a group of persons by prior conspiracy or an organized group;

g) for hire;

h) based on national, racial, religious hatred or enmity, -

shall be punished by imprisonment for a term of three to seven years.

A threat to kill or cause grievous bodily harm may be expressed orally, in writing, by telephone or in any other way; the threat can be expressed directly to the victim or his relatives; transmitted through neighbors or acquaintances).

Art. 119 of the Criminal Code of the Russian Federation. Threat of death or serious bodily harm.

Threat of murder or infliction of grievous bodily harm, if there were grounds to fear that this threat would be carried out -

shall be punishable by restriction of freedom for a term of up to two years, or arrest for a term of four to six months, or imprisonment for a term of up to two years.

Slander (dissemination of deliberately false fabrications that disgrace another person about specific facts concerning the victim.

Art. 129 of the Criminal Code of the Russian Federation. Slander.

1. Slander, that is, dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, -

shall be punishable by a fine in the amount of fifty to one hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a term of one hundred twenty to one hundred and eighty hours, or by corrective labor for a term of up to one year.

2. Slander contained in a public speech, a publicly displayed work or in the media, -

shall be punishable by a fine in the amount of one hundred to two hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of one to two months, or by compulsory labor for a period of one hundred eighty to two hundred and forty hours, or by corrective labor for a term of one year. up to two years, or arrest for a term of three to six months.

3. Slander, combined with accusing a person of committing a grave or especially grave crime, -

shall be punishable by restriction of freedom for a term of up to three years, or arrest for a term of four to six months, or imprisonment for a term of up to three years.

Insults (a negative assessment of the victim’s personality, expressed in an indecent form, of a generalized nature and humiliation of his honor and dignity).

Art. 130 of the Criminal Code of the Russian Federation. Insult.

1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, -

shall be punishable by a fine in the amount of up to one hundred times the minimum wage, or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of up to one hundred and twenty hours, or by corrective labor for a term of up to six months.

2. Insult contained in a public speech, a publicly displayed work or the media, -

shall be punishable by a fine in the amount of up to two hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of up to two months, or by compulsory labor for a term of up to one hundred and eighty hours, or by corrective labor for a term of up to one year.

You can defend yourself - collect evidence and contact the police.

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