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Learn more about your legal issue. Choose your legal category:

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Prosecutor explains - Prosecutor's office of the Pskov region

Prosecutor explains

April 26, 2012, 12:48

Civil liability of parents.

Text

Responsibility of legal representatives for harm caused by minors is due to the fact that the misbehavior of children in most cases is the result of their improper upbringing and the lack of necessary supervision.

Law enforcement agencies have no doubts about the correctness of the interpretation of the guilt of parents and persons replacing them, which is based on the whole range of parental powers and duties of parents in relation to their minor children.

Parents and other legal representatives pay damages unless they prove that the damage was not their fault.
Thus, they are responsible for their own wrongful culpable behavior - the improper performance of their duties of raising a child, which led to the child causing harm to a third party.

Under the guilt entailing liability for harm caused by minors, civil law practice understands both the failure to exercise proper supervision of minors, and an irresponsible attitude towards their upbringing or the misuse of one's rights in relation to children, which resulted in the children's misbehavior, which entailed harm (connivance or encouragement of mischief, hooligan actions, neglect of children, lack of attention to them, etc. ).

The presence of the parents' fault in the occurrence of harm is "unconditional", therefore, parents and other legal representatives, in order to be exempted from liability, must prove the proper performance of their duties of raising, supervising the child, the absence of a causal relationship between the harm caused and their behavior.

Both parents are liable for harm caused to a minor, regardless of whether they live together or separate from the child. The Family Code of the Russian Federation indicates that parents have equal rights and bear equal obligations in relation to their children. This implies that, as parents, only persons from whom the actual origin of children is legally certified can be subjects of liability for harm. It does not matter whether this entry took place on the basis of the parents' marriage certificate or after the establishment of paternity, both voluntarily and in court. To hold parents responsible for the harm caused by their minor child, the dissolution of their marriage, the joint or separate residence of the mother and father, the degree of participation of each of them in providing material assistance to the child, etc. , do not matter. circumstances. All the same, they bear property liability for improper fulfillment of their parental rights and duties of a personal nature
A separate parent may be released from liability if, through the fault of the other parent, he was deprived of the opportunity to take part in the upbringing of the child.

According to art. 1075 of the Civil Code of the Russian Federation, the court may impose liability for harm caused by a minor to a parent deprived of parental rights, if the child's behavior that caused harm was the result of improper performance of parental duties. A parent deprived of parental rights is liable only for the harm caused by his child within 3 years after the deprivation of his parental rights.

LEGAL GROUNDS FOR LIABILITY

Regulation of liability for harm caused by minors differs depending on their age category.

Minors, i.e. minors under the age of 14 are completely non-dictatorial, i.e. their legal representatives (parents, adoptive parents, guardians) bear property liability for the harm caused by them.

In case of harm to a minor (including himself) during his temporary stay in an educational organization (for example, in a kindergarten, secondary school, gymnasium, lyceum), medical organization (for example, in a hospital, sanatorium) or other organizations that exercised supervision over him during this period, or from a person who exercised supervision over him on the basis of an agreement, these organizations or a person are obliged to compensate for the harm caused to a minor, unless they prove that it arose through no fault of theirs in the exercise of supervision.

If by the time the case is considered in court, the minor tortfeasor is fourteen years old, then this circumstance cannot serve as a basis for attracting him and his parents (adoptive parents), guardians (trustees) or an organization for orphans and children left without parental care , in which he was placed under supervision to liability under the rules establishing liability for harm caused by minors between the ages of fourteen and eighteen, since at the time of the harm, the minor was a minor.

When resolving disputes related to compensation for harm caused to minors between the ages of fourteen and eighteen years, the courts proceed from the fact that, in accordance with the law, the harm is subject to compensation in full on a general basis by the minor himself.
If a minor who is charged with the obligation to compensate for harm does not have earnings or property sufficient to compensate for harm, the obligation to compensate for harm is fully or partially assigned subsidiarily to his parents (adoptive parents) or guardians.

According to the current legislation, subsidiary (additional) responsibility for a minor between the ages of 14 and 18 is borne by both parents on the principle of equal shared responsibility, regardless of whether they live together or separately.

In case of harm caused by joint actions of several minors descended from different parents (adoptive parents) and (or) under the guardianship of different persons, they compensate for the damage on the principle of joint and several liability, and their parents (adoptive parents) and guardians are liable on the principles of shared liability.

The obligation of the parents to compensate for the harm terminates when the minor tortfeasor reaches the age of eighteen or acquires full legal capacity before that (Marriage).

If the minor acquires sufficient funds to compensate for the damage before he reaches the age of eighteen, the performance of the obligation by subsidiary defendants is suspended and may be resumed if the relevant income ceases.

INCOME OF A MINOR

Persons from 14 to 18 years of age in the Russian Federation shall be liable for harm caused by an offense (crime), on a general basis, except in cases where these persons have no income or other property, or if such income or property is insufficient, the harm must be compensated for by them. parents and trustees in full or in part of the money or other property missing from minors.

The income of a minor includes all types of remuneration for his work, intellectual, entrepreneurial and other activities based on the law; pension for the deceased breadwinner, alimony due to him and other payments.

The property mass, on which the court may foreclose, includes movable and immovable objects of property belonging to a minor, securities, deposits, shares, shares in capital, etc., the list of this property is unlimited, and therefore its components depend on a specific situation, the age of a teenager, the degree of material security of which most often increases as he grows up.

As for the concept of "sufficient" in relation to income or property, it should be noted that it cannot be standard and formalized, since it largely depends on the level of material security of the harm-doer, the victim and the person obliged to compensate for the harm. Therefore, all considerations in this regard are subject to critical evaluation during the trial, when the court takes into account the evidence submitted for its consideration, the minimum wage that exists at the time of the consideration of the case, the level of material well-being of the inhabitants of this region, etc. The main thing is the amount of harm, calculated in monetary terms at the time the dispute is considered by the court. At the same time, if the responsibility should be borne by the parents-spouses, the courts are guided by the norms of the Family Code, which determines the responsibility of the spouses-parents for obligations, in particular for compensation for harm caused by their minor children. Since the obligation to compensate for such harm is assigned, as a general rule, to each of them, they repay their debt to the victim at the expense of common property. If this property is insufficient, the spouses-parents shall be jointly and severally liable with the property of each of them.

Civil liability of parents.

Law enforcement agencies have no doubts about the correctness of the interpretation of the guilt of parents and persons replacing them, which is based on the whole complex of parental powers and duties of parents in relation to their minor children.

Parents and other legal representatives compensate for the damage, unless they prove that the damage was not caused by their fault.
Thus, they are responsible for their own wrongful culpable behavior - the improper performance of their duties of raising a child, which led to the child causing harm to a third party.

Under the guilt entailing liability for harm caused by minors, civil law practice understands both the failure to exercise proper supervision of minors, and an irresponsible attitude towards their upbringing or the misuse of one's rights in relation to children, which resulted in children's misbehavior, which entailed harm (connivance or encouragement of mischief, hooligan actions, neglect of children, lack of attention to them, etc.).

Both parents are liable for harm caused to a minor, regardless of whether they live together or separate from the child. The Family Code of the Russian Federation indicates that parents have equal rights and bear equal obligations in relation to their children. This implies that, as parents, only persons from whom the actual origin of children is legally certified can be subjects of liability for harm. It does not matter whether this entry took place on the basis of the parents' marriage certificate or after the establishment of paternity, both voluntarily and in court. To hold parents responsible for the harm caused by their minor child, the dissolution of their marriage, the joint or separate residence of the mother and father, the degree of participation of each of them in providing material assistance to the child, etc., do not matter. circumstances. All the same, they bear property liability for improper fulfillment of their parental rights and duties of a personal nature
A separate parent may be released from liability if, through the fault of the other parent, he was deprived of the opportunity to take part in the upbringing of the child.

LEGAL GROUNDS FOR LIABILITY

Regulation of liability for harm caused by minors differs depending on their age category.

Minors, i.e. minors under the age of 14 are completely non-dictatorial, i.e. their legal representatives (parents, adoptive parents, guardians) bear property liability for the harm caused by them.

The obligation of the parents to compensate for the harm terminates when the minor tortfeasor reaches the age of eighteen or acquires full legal capacity before that (Marriage).

INCOME OF A MINOR

grounds, can parents be punished and who should protect him

It seems that my child got in touch with bad company: his friends often end up in the police department, and some are even registered with the juvenile inspector. I'm afraid one day the police will call me and say that they have detained a child.

What to do in this case? I want to be ready for any situations and know what rights my son and I have.

Dmitry Sergeev

retired police major

Author profile

I understand your concerns. One of the most frightening situations for any parent is a phone call from the police: "Your child is with us. " But this is not yet a reason to drink valerian and grab your heart - you need to find out what happened and how to help the child. I will tell you in what cases the police can take the child away and what the consequences may be.

Why a child can be taken to the police

Usually, when parents find out that their child has ended up in law enforcement, they assume the worst: they stole something, got into bad company, planted drugs. But sometimes everything turns out to be not so tragic, and sending children to places of deprivation of liberty is much more difficult than sending adults.

The grounds on which a child can be taken to the police premises are prescribed by law. And the reason why this can be done is not always related to the fact that the child has done something.

Federal Law "On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency"

Section 76 of Instructions for Juvenile Departments

If the child is homeless

By law, street children who need help from the state can be delivered to the police. Often parents think that a street child is a dirty, hungry and ragged child who lives on the street. But from the point of view of the law, street children include:

Children left without parental or legal guardianship. This can happen if, for example, parents have died, disappeared, or refused to take care of their own children.
Lost children. A child from a prosperous family can also fall into this category - for example, if he is lost in a big city or a shopping center.
Children who left their families without permission. This can happen in any family: the child decides that he has become independent enough, and goes on a trip or leaves home due to a conflict with his parents.
Children who have left educational institutions for orphans and those left without parental care or other child care institutions - for example, from a kindergarten or school. If a child decides that he is already an adult and goes home unaccompanied, he may well end up in the police.
Children without housing and money.
Children in need of medical care.

This does not mean that the police can arbitrarily pick up all the children who walk without adults from the street. The child must be in a situation that threatens his safety. How this works can be explained with an example.

Let's say the parents sent the child to throw out the trash. Police officers may approach him and ask why he is alone and what he is doing here. If the child explains that he lives in a neighboring house and went to throw out the garbage, and can explain where his house is, then obviously nothing threatens him. This means that there is no reason to bring the child to the police.

If the child is sitting at the same dumpster, but cannot explain anything, this is already a reason to take him to the police and find out where the parents are and what happened.

/prava/prava-deti/

Rights of children under 18

In any case, the police must find out if the child is in danger. The police can't just leave him on the street and do nothing.

What threatens the delivery to the police for a child who was left unattended. Nothing. This is not about holding the child accountable, but about preventing him from getting worse. As soon as parents or legal representatives are found, the child will be handed over to them. Why the child is in this situation, they will ask the parents.

/list/propal-rebenok/

What to do if a child is missing

If a child has violated the law

It happens that a child has committed a crime or an administrative offense. If an adult can be detained and arrested for this in some cases, then it is more difficult with children.

A child can be brought to administrative responsibility only if he or she was 16 years old at the time of the offense.

What to do? 03/21/19

I will soon be 18 years old. What rights and obligations will appear?

For example, a 14-year-old child crossed the road in the wrong place. For this, he will not be fined: the person who is 16 years old by the time the administrative offense was committed is liable.

Between the ages of 16 and 18, the Commission on Juvenile Affairs may release the child from administrative liability and instead, for example, issue a warning or order an apology to the victim.

From the point of view of the Criminal Code, minors are considered to be children who at the time of the commission of the crime were 14 years old, but not yet 18 years old. From the age of 14, children are liable for murder, intentional infliction of severe or moderate bodily harm, rape, theft, robbery, extortion, knowingly false reporting of an act of terrorism, theft, etc.

Art. 87 of the Criminal Code of the Russian Federation

It is impossible to bring a child under 14 years of age to criminal responsibility: it is believed that he does not fully understand what he is doing.

If a child over the age of 14 has committed a crime, and age does not allow bringing him to justice, he may be subjected to compulsory educational measures:

Issue a warning.
Transfer to the supervision of parents, guardians or a specialized government agency.
To oblige to make amends for the harm caused, if the financial situation of the minor allows it. Making amends is not the same as making money back. You can, for example, oblige the child to apologize to the victim or help eliminate the consequences of the crime.
Restrict leisure activities and establish special requirements for the behavior of a minor - for example, prohibiting visiting certain places, using a computer or a bicycle, leaving the house at certain times without permission.

st. 90 of the Criminal Code of the Russian Federation

Several such measures can be assigned at once, and their term, depending on the severity of the crime, can range from 1 month to 3 years.

/prava/penalty/

Your rights when paying fines

You can bring children to the police in the following cases:

The child has committed a crime, administrative offense or other antisocial actions. For example, he ran across the road on red. An adult can be brought to administrative responsibility for this, but with a child everything is more difficult - if there are no adults nearby, he can be taken to the police. In this case, first of all, employees will determine the age of the child - and only then decide whether he can be held liable.
The child arbitrarily left a special educational institution of a closed type. Children aged 11 to 18 are placed there, who were convicted of a crime of moderate gravity, or for a serious crime, but were released from punishment. In this case, the police officers are obliged to return the child to such an institution.
A child who is sent to a temporary detention center for minors. Children can be placed in such a center only by a court verdict or order - for up to 30 days, or by order of the head of the internal affairs body - up to 48 hours. Most often, juvenile delinquents are placed there if it is necessary to protect their life, health, prevent repeated violations, and establish their identity. Or if it is not possible to transfer them to their parents immediately.

The fact that a child has been taken to the police, detained or taken into custody is immediately notified to his legal representatives.

What is the danger of being brought to the police for a child who has committed an offense. If the age of bringing to criminal or administrative responsibility has not come, the child will not have to answer. But even if such an age has come, when deciding on a measure of restraint, in each case, the possibility of placing the child under the care of parents or legal representatives will be discussed.

Art. 105, 423 of the Criminal Procedure Code of the Russian Federation

Can parents be punished if their child was taken to the police

If the child was left unattended due to the fault of the parents, then you may have to answer.

If the parents or legal representatives of the child perform their duties poorly or do not perform them at all - do not support the child, do not educate him, educate him and do not protect his rights and interests - they may be held administratively liable. The sanction is a fine from 100 to 500 R. For example, a fine threatens if the child is constantly hungry, dressed out of season, or spends the night on the street.

Part 1 5.35 of the Code of Administrative Offenses of the Russian Federation

And if the parents or legal representatives knew that the life and health of the child was in danger, they could protect him, but left him without help, the responsibility would be criminal. For example, they left a child in the forest without food and clothes. The sanction for this is from a fine of up to 80,000 R to imprisonment for up to a year.

Art. 125 of the Criminal Code of the Russian Federation

Can the police take the child from the parents

The police cannot take the child from the parents - this is the area of responsibility and authority of the guardianship authorities. It is possible to remove a child from the family only if the actions or inaction of the parents threaten his life or health.

Art. 77 SK RF

But even guardianship authorities cannot make such a decision on their own. If the child was taken away from the parents, guardianship immediately notifies the prosecutor. Then, within seven days, he goes to court with a lawsuit against his parents for the deprivation or restriction of parental rights. The final decision is up to the court.

In order to remove a child, the threat to his life and health must be real and come from his parents or legal representatives. That is, they must harm the child by their actions. If the parents did not keep track of their daughter or son once, no one will raise the issue of removal from the family.

Decree of the Plenum of the Supreme Court of the Russian Federation dated November 14, 2017 No. 44

Will I have to be held responsible for the actions of the child

Many parents believe that if the child has committed a crime, then they will have to answer for everything or even go to prison. This is not so - only the guilty person can bear criminal liability under the law. If the parents did nothing, it is impossible to deprive them of their freedom for the actions of the child.

On the other hand, if a child has spoiled something, smashed, broken, caused damage to health, then, probably, the parents will have to compensate for the damage. But only if they can't prove their innocence.

For example, the child was under the supervision of the parents and did nothing. Then he was taken to a kindergarten, where he trampled on a flower bed, broke a window and hit a car with a stone. In such a situation, parents need to prove that the child was not under their supervision, which means that the kindergarten is responsible for his behavior.

sub. "a" paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1PDF, 191 KB

The final decision in such situations is made by the court.

But administrative fines for children from 16 to 18 years old are paid by their parents or legal representatives. But if a minor has independent earnings, he will have to pay a fine from his own pocket. This is possible, for example, if the minor receives income under an employment contract or as a self-employed person.

/list/oops-baby/

When parents had to answer for the actions of children: 5 stories from the court

It also happens that it is the parents of the child who are punished for an administrative offense. This should be expressly stated in the Code of Administrative Offenses of the Russian Federation. For example, if a child drinks alcohol, parents will be fined from 1500 to 2000 R.

Art. 20.22 of the Code of Administrative Offenses of the Russian Federation

Who must protect the child

By default, parents must protect the child in any situation when he needs help. Therefore, the police must ensure their presence when the child has problems. No powers of attorney or additional powers are needed.

Art. 64 SK RF

A child has a wider right to protection than an adult. For example, an adult can waive his right to defense by writing a petition that he does not need a lawyer in a criminal case. But a child or his parents cannot refuse a lawyer in criminal proceedings, even if they really want to.

item 2 part 1 art. 51 Code of Criminal Procedure

What a child should know if he is in the police

The only thing a child should do in such a situation is to contact his parents as soon as possible. The easiest way is to ask the police for help. They are obliged to both find the parents and ensure the safety of the child.

Temporary detention centers for juvenile delinquents are not necessarily analogous to places of deprivation of liberty for children. A child can be placed there if he is in danger, and parents or legal representatives could not be found right away.

Community 12/18/20

Where can I complain about the neighbors who scream at the child and possibly beat him?

Nothing else is required of the child except asking for help.