Up to what age are children considered children: information for 2021

Author of the article: Yulia Kaisina Last modified: January 2021 50834

The concept of childhood in the everyday sense is quite vague and indefinite. But there are many situations when it is necessary to clearly define the age limits. Purchasing discount tickets, paying benefits, the responsibility of minors before the law, the ability to make transactions on their own behalf and get married - for all this there is a specific age limit. Up to what age are children considered children by law, and in what cases age standards may change.

General provisions

The concept of “childhood” is related to many areas of life, and children’s rights are enshrined in international legislation. As a rule, in all countries the legal limit of childhood is the age of majority, after which a person becomes fully capable. This date differs in different countries; in Russia, citizens who have reached 18 years of age are recognized as adults. Until then, they are considered children (Article 54 of the RF IC), and parents bear responsibility for them.

At the same time, within this age period there is also a gradation associated with a gradual increase in the rights and responsibilities of the child. In addition, the benefits that parents of a minor can enjoy are gradually being reduced. These include as privileges guaranteed by law:

child benefits,
Holiday to care for the child,
right to tax deduction, etc.,
benefits provided by different organizations. For example, large discounts or free admission to entertainment events, provision of services by hotels, transport companies, etc.

Change of name, surname

A child is a person under eighteen years of age who has the right to change his first and last name (Article 59). This rate is available for those aged 14 years. A procedure is being carried out with the parents jointly applying to the guardianship organization. The desired name is selected and the last name is changed to the second parent's last name.

If the mother and father live separately, and the parent with whom the child is living wants to give his last name, the guardianship authority provides this opportunity depending on the interests of the child. The second parent's opinion is not necessary.

If children were born out of wedlock and paternity has not been established, it is possible to allow the surname to be changed to the mother's surname. Changing the first or last name of a child over 10 years old can only be done with his consent.

Rights of minors

Expert commentary

Gorchakov Vladimir

Lawyer

Fundamental rights that give people the opportunity to carry out any actions are enshrined in the Civil Code of the Russian Federation.

Some rights belong to the child from birth - the right to life and freedom, the right to be raised in a family, etc. Others are acquired upon reaching a certain age. This primarily includes the ability to make decisions about where and with whom to live, the right to dispose of property, enter into transactions and similar issues.

From 6-14 years old

Until a child is 6 years old, he cannot independently make decisions regarding his own destiny. Although in some cases his opinion will be asked, for example, if the issue of determining his future place of residence upon adoption or divorce of his parents is being decided, it will not be decisive. After the child turns 6 years old, he has his first legally established rights. According to Article 28 of the Civil Code of the Russian Federation, he can already:

make small everyday transactions, for example, shopping or exchanging inexpensive things with friends;
make gratuitous transactions, for example, presenting inexpensive gifts and accepting them;
manage money that parents or guardians have given for pocket expenses.

In this case, the legal representatives of the child bear property responsibility for completed transactions. They are also responsible for the harm that will be caused due to the child’s fault.

After a child turns 10 years old, his consent is required when appointing legal representatives (guardians or trustees), determining his place of residence after his parents’ divorce, and also when changing his full name.

From 14-18 years old

When a child turns 14, he is no longer considered a minor. At the same age, he receives a passport, which significantly expands his legal capabilities. 14 year olds can:

get a job (in this case, the employer is obliged to create conditions for them in accordance with labor legislation);
open accounts and deposits in banks;
manage your income independently;
make transactions on your own behalf, but if we are talking about a large sum or expensive property, the consent of legal representatives or guardianship authorities will be required;
represent your interests in court in the presence of teachers or parents (guardians).

At this age, children are responsible for transactions made, and must also independently compensate for the harm caused (Article 1074 of the Civil Code of the Russian Federation).
Parents compensate for damage only if the minor does not have income or property from which they can pay compensation. However, they will only answer if they are proven guilty of causing harm. For example, due to the lack of proper upbringing of the child and encouragement of his unwanted actions. After 14 years of age, a child can independently choose his/her place of residence.
However, if for some reason he wants to live separately from his parents, they must give written consent to this. At the same time, another adult must be next to him. For example, grandparents, adult brothers and sisters, etc. After 16 years of age, with the consent of his parents, he can live alone in the dormitory of the educational institution.

Young child

According to Art. 28 of the Civil Code of the Russian Federation, a child is considered a minor who has not reached the age of 14 years, but is older than six years. Until the age of six years, a child is actually considered an infant; the legislator has not introduced any other concepts and divisions for children from birth until they reach the age of 6 years.

For minors under fourteen years of age (minors), transactions, with the exception of those specified in paragraph 2 of this article, can be made on their behalf only by their parents, adoptive parents or guardians.
Children between the ages of six and fourteen...
clause 1 and clause 2 of Art. 28 Civil Code of the Russian Federation

Is a minor considered a minor, yes, of course. Juvenile is a narrower concept.

Early recognition of legal capacity

In some cases, a child may be recognized as fully capable before reaching 18 years of age. To do this he must:

Get married. The minimum age for marriage is 16 years, and the reason must be valid. The law does not have an exact definition of this provision, but in practice, pregnancy is often the basis for marriage of persons under 18 years of age.
Go through the emancipation procedure. If a child works under an employment contract or has become an individual entrepreneur, that is, he actually provides for himself, he can apply to the guardianship authority with a request to recognize him as fully capable. But this is possible only with the consent of legal representatives - parents or guardians. If they do not give their consent to emancipation, only a court can recognize the minor as legally competent.

Expert commentary

Gorbunova Olga

Lawyer

After a person has become fully capable, he acquires all the rights of a citizen of the Russian Federation: he can hold public office, participate in elections, dispose of his property without restrictions, etc.

Opinion

The rights and interests of minor children concern different aspects of life. The child has the right to express his personal opinion (Article 57). Sometimes children under 18 years of age are invited to court to be heard at the hearing. The opinion of a child who is 10 years old is taken into account. Exceptions include cases where this is contrary to his interests. Some decisions by guardianship authorities are made based on the consent of a 10-year-old child.

Parental responsibilities

So, up to what age a child is considered a minor and what rights and responsibilities he is endowed with, we figured it out. Now is the time to talk about his parents. They also have a number of responsibilities towards their young children. Naturally, in this case their list is much wider. Perhaps the main responsibility of parents is reflected in the Constitution of the Russian Federation and indicates the need for them to implement the educational process, as well as the material maintenance of their children.

If we divide this responsibility into many “duties,” then official representatives of young children must:

Fully responsible for upbringing and material maintenance.
Organize all necessary measures to protect their life and health.
Monitor their education and the quality of this process.

Parents really have many responsibilities, so we will not consider their full list in this article. A generalization of all the responsibilities of Russian adults who have a child determines that they must raise a conscientious citizen and help him in every possible way as he grows up. You can familiarize yourself with them in more detail in the relevant legislative acts of the Russian Federation. Without a doubt, these include the Constitution, Family and Civil Codes.

At what age does civil liability begin?

In this regard, Vladimir and Igor S. were brought to administrative responsibility. But during the consideration of the case, it turned out that Igor was not yet 16 years old. Therefore, the administrative penalty was imposed only on Vladimir. This decision was made in strict accordance with the law, which determined that the administrative

Materials for the lesson: Criminal Code of the Republic of Belarus of July 9, 1999 // Gazette of the National Conservation of the Republic of Belarus. 1999. No. 24. Art. 420; Civil Code of the Republic of Belarus of December 7, 1998 // Gazette of the National Assembly of the Republic of Belarus. 1999. No. 7-9. Art. 101; Code of the Republic of Belarus on Administrative Offences; Labor Code of the Republic of Belarus of July 26, 1999

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At what age does civil liability begin in Russia?

In addition, the obligation of parents (adoptive parents), guardians, educational, medical organizations or other organizations to compensate for harm caused to minors does not end when the minor reaches the age of majority or receives property sufficient to compensate for the harm.

The ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them (civil capacity) arises in full with the onset of adulthood, i.e. upon reaching the age of eighteen.

By agreement

A voluntary agreement is less traumatic for the child’s mental state. This right is enshrined in Art. 23, 24 RF IC. The agreement establishes not only accommodation, but also the procedure for security costs.

For the document to be legal, it must be signed by both parents and then certified by a notary. Need 3 copies. The court receives a copy of the agreement.

At what age does civil liability begin?

2. The application by commissions for the affairs of minors and the protection of their rights of measures of influence (administrative sanctions) of a property nature is determined by the presence of the offender’s civil capacity.

robbery, robbery. theft, malicious hooliganism. theft of firearms, ammunition and explosives, theft of narcotic substances, etc.), property liability for transactions made by minors and for property damage caused by them; from 16 years of age - criminal liability for all types of crimes; administrative liability for administrative offenses (misdemeanors); 18 years old is full civil majority.