What is emancipation of minors? Procedure and required documents

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Published: 04/04/2020

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In the standard case, a citizen becomes an adult in Russia at the age of 18. No matter how much a teenager strives to become independent, this will not lower the age limit for coming of age, and in order to take legal actions he will have to enlist the support of his parents. But the law provides for conditions when a person becomes legally capable even earlier: starting from the age of 16. This procedure is called emancipation.

When can a minor declare himself fully competent?
Legislative regulation
The procedure for recognizing a teenager as emancipated through the guardianship authorities How the decision is made
List of documents

The procedure for recognizing a teenager as emancipated in court

Civil consequences

What should not even emancipated teenagers do?

Summary

What is emancipation and in what cases is it necessary to undergo the emancipation procedure? What are the goals of this procedure?

When can a minor declare himself fully competent?

Regardless of their age, every citizen has a certain legal capacity. It occurs immediately after birth and ends only with death. The content of legal capacity is quite extensive: citizens have the right to own property, inherit and bequeath it, create a legal entity and sign various transactions, obtain copyrights, etc. But a citizen can dispose of all these rights only after turning 18 years old, when he officially becomes an adult .

After reaching adulthood and acquiring legal capacity, citizens have the right to independently enter into transactions and bear property liability for them. From the age of 18, rights in property, family and labor relations can be exercised independently without the need to obtain additional permissions from guardians and parents.

But it is possible to gain full legal capacity earlier. In Russia, there are two ways to early declare oneself fully capable starting at the age of 16 . These include emancipation and marriage:

Emancipation is a special procedure, which is provided for in Art. 27 Civil Code. Emancipation will be relevant for those working under an employment contract or contract, or engaged in entrepreneurial practice with the consent of their parents.
Marriage is permitted for a citizen under 18 years of age on the basis of clause 2 of Art. 21 Civil Code. After marriage, a citizen under 18 years of age acquires full legal capacity. However, it will remain if the citizen decides to divorce before adulthood. At the age of 16-18 years, you can get married only for exceptional reasons with the consent of local authorities. Up to 16 years of age, marriage can be registered only in cases specified in regional legislation.

The concept of emancipation in civil law

Emancipation is a concept whose essence boils down to refusal, liberation from dependence of various kinds. The problem of emancipation is considered by sociologists, lawyers, and psychologists all over the world and is a serious issue in building a modern society. In a narrow sense, the word from which the modern concept of “emancipation” comes means liberation from paternal protection; in a broad sense, it means renunciation of property rights, powers that are not destroyed, but are transferred to another person.

The concept of "emancipation" is not limited to women's rights to equal rights with men - this is a common misconception.

The institution of emancipation concerns minors, sexual and national minorities, men and women.

The concept is new for Russia and appeared within the framework of civil legislation only in 1994 with the release of part one of the Civil Code. The legal consequences of emancipation described in the code initially concerned minors.

The reason for the appearance of this concept in the Civil Code of the Russian Federation is a change in the type and structure of the economy. The goal is to provide minors with legal rights and opportunities to engage in business, manage material resources - the results of earnings, and make large transactions. According to the law, teenagers from 14 to 18 years old can carry out large transactions only with the written consent of official legal representatives (for example, parents). If a minor teenager receives emancipation, then the written consent of parents, guardians, and adoptive parents is not required to make transactions.

The following concepts are associated with the concept of emancipation:

Legal capacity is the ability to bear obligations that are an integral part of the rights of a citizen.
Legal capacity is the ability to perform actions through which a citizen can acquire rights, exercise them, and perform civil duties.

The problem of emancipation continues to be solved at the present stage, thanks to legal grounds in the form of laws and regulations. The main issue that has not yet been fully resolved is the scope of the responsibilities and rights of an emancipated teenager.

The status of an emancipated citizen gives the right to full legal capacity, which is enshrined in legal acts.

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Legislative regulation

The emancipation procedure, or declaring a teenager fully capable, is regulated in Art. 27 Civil Code. According to Part 1 of Art. 27, a teenager is recognized as emancipated if the following conditions are simultaneously met :

The minor has reached the age of 16 years.
He works under an employment contract or is engaged in his own entrepreneurial activity. The right to draw up an employment contract for a minor is guaranteed by Art. 94 Labor Code.
He received consent from his parents or guardians to work.

You can become legally competent from the age of 16 through emancipation by decision of the guardianship and trusteeship authorities, if both parents agree, or in court.

The consequences of emancipation are given in Part 2 of Art. 27 Civil Code. After receiving the status of fully capable parents, they cease to bear responsibility for the obligations of the emancipated person. In particular, for those obligations that arose as a result of causing harm.

Difficulties associated with the participation of minors in various transactions

In practice, implementation by adolescents aged fourteen to eighteen years is often associated with a number of specific difficulties. The first of them is the question of what exactly needs to be understood by transactions that the law calls small household transactions. The law does not directly define them. In practice, it is considered that such transactions are aimed at satisfying ordinary needs and are concluded for a small amount. However, this definition gives little more: what is meant by “ordinary needs” and what amount is insignificant is still unclear. The existing resolution of the Plenum of the Supreme Court of the Russian Federation No. 7 of September 29, 1994 brings some clarity - but, unfortunately, not complete.

This question, it would seem, is purely theoretical, but problems may arise if the concept of insignificance among the teenager himself, his parents or third parties turns out to be different. As a result, almost any transaction made by a teenager over 14 but under 18 can theoretically be challenged.

In addition, restrictions have been placed on the ability of minors to defend their rights in court. A strange conflict arises: on the one hand, upon reaching fourteen years of age, a teenager receives partial legal capacity and therefore has the right to independently make a number of transactions. On the other hand, until he reaches eighteen years of age, he cannot file a claim in court, even if the case concerns a violation of consumer rights in the course of a small household transaction. As a result, if his rights are violated, the teenager is forced to act through his legal representatives, even if they have nothing to do with the transaction.

The procedure for recognizing a teenager as emancipated through the guardianship authorities

The procedure for recognizing a teenager as emancipated by default occurs through the guardianship and trusteeship authorities. It is possible if the legal representatives of the minor agree to declare a person over 16 years of age emancipated. Usually these are parents. The absence of such consent makes it impossible to carry out the procedure out of court.

The decision on the emancipation of a teenager is made by the guardianship and trusteeship authorities in the following order:

The guardianship and trusteeship authorities receive a petition to recognize the full legal capacity of the teenager. It can be submitted by the minor himself or his parents (representatives). The petition for emancipation is accompanied by the written consent of the parents to declare the teenager legally competent.
The application for recognition of legal capacity is considered within a certain time frame, and a decision is made on this basis. The application is considered in the personal presence of the minor and his legal representatives. This is necessary to ensure that the parties are aware of the civil consequences of their actions. Based on Art. 12 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” the deadline for considering applications is 1 month, but regional laws may introduce other deadlines for working with citizens’ appeals. For example, for Moscow the terms are no more than 2 weeks (in exceptional situations - a month).
Based on the results of consideration of the request, the guardianship and trusteeship authorities make a decision to satisfy the request for full recognition of the legal capacity of the minor or to refuse. The refusal must be justified and can be appealed in court.

How the decision is made

The decision to emancipate is quite responsible, since the teenager as a result takes on a whole range of obligations of an adult . Therefore, it is accepted taking into account the following circumstances:

How long and stable is the minor’s work activity or entrepreneurial practice?
What is his level of income or salary, how regular is he?
Does the teenager own any property?
What is the state of his health?
Other factors.

The representative of the guardianship and trusteeship authorities must make sure that the child, based on his mental development and level of life experience, can participate in civil transactions without support and assistance from his parents.

When considering the application, the motives for emancipation are taken into account, as well as to what extent the child’s will can be considered conscious and free.

List of documents

To announce emancipation through the guardianship authorities, you must collect the following documents:

Application for recognition of full legal capacity.
Applicant's passport.
Consent of both parents to recognize full legal capacity. If one of the parents is deceased or deprived of parental rights, then it is sufficient to obtain the consent of one of the parents.
Documents that serve as evidence of compliance with the conditions of Art. 27 of the Civil Code, necessary for emancipation. These include: an employment contract and a copy of the work book, a certificate of registration as an individual entrepreneur (extract from the Unified State Register of Individual Entrepreneurs), a tax return to confirm income or a 2-NDFL certificate.

If it is not possible to establish the whereabouts of the parents, or the parent avoids raising and maintaining the child without good reason, then taking into account his opinion is not mandatory.

Emancipation of minors is not the only solution

Teenagers always perceive the phenomena around them very emotionally, and quite often it is because of increased sensitivity that they are ready to commit rash acts.

That is why emancipation is not always the only way out of the current situation. There are several alternatives to emancipation.

Let's look at options that can be a worthy way out of the current situation, which makes a teenager think about emancipation.

If parents do not give a teenager the opportunity for self-realization and limit his rights and desires, you can try to find a compromise solution and come to an agreement with the parents through constructive criticism of their behavior.
If the situation in a teenager’s family is related to violence from parents, then in addition to emancipation there is also another way out. In this case, it is necessary first of all to notify social services, and sometimes law enforcement agencies. Situations of domestic violence should not remain hidden. But, if such situations occur, then you can apply for the deprivation of parental rights of parents who commit unlawful acts against a teenager. But, in this case, custody of the teenager becomes the responsibility of the state or, if possible, the responsibility of the closest relatives.
Perhaps, in some cases, the teenager will be able to find a common language with his parents or reach a compromise with the help of intermediaries - teachers, school psychologists or social workers.

The procedure for recognizing a teenager as emancipated in court

If parents or representatives do not consent to emancipation, the teenager has the right to petition the court for this. It is also necessary to go to court if the guardianship authorities have made a negative decision on the issue of emancipation, which the teenager sees as unfair.

To submit an application for emancipation, a minor should apply to the court at the place of his residence with an application for full recognition of legal capacity (based on Part 1 of Article 287 of the Civil Procedure Code).

The statement of claim for the court is drawn up taking into account the requirements of Art. 131 of the Civil Procedure Code. In the statement of claim that is submitted to the court, the teenager is required to indicate :

Name of the court.
Full name of the plaintiff.
Information about parents and guardians.
Contact details of the parties.
Grounds for emancipation, that is, an employment contract with an employer or a certificate of registration as an individual entrepreneur.
Refusal of parents or the guardianship authority to give consent for emancipation.
Request to the court for recognition of full legal capacity.
Date of application and signature.
List of attached documents.

The application can be submitted by the teenager himself, one of the parents (who agrees to emancipation) or a representative of the guardianship authority.

Consequences of emancipation of minors

Parental responsibility after the procedure . The parents of a person emancipated by law cease to bear responsibility for him. While usually parents are responsible for the child until he reaches adulthood.
Alimony . A separate issue arises regarding alimony. Thus, it clearly follows from the current legislation that the payment of alimony for the maintenance of an emancipated child is terminated - and this can be used by the parent from whom alimony is being collected for his own selfish purposes. Alas, in practice there are cases when one of the parents, when asked how to avoid punishment for failure to pay child support, finds nothing better than putting pressure on the child or the other parent so that the minor goes and achieves recognition of his legal capacity.

Everything on the issue of emancipation of minors: the pros and cons - can be found out at an appointment with our family law lawyer. Call today.

Author of the article: © lawyer, managing partner of the law firm “Katsailidi and Partners” A.V. Katsaylidi

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Civil consequences

A person who has received the status of full legal capacity will independently bear full responsibility for all of his obligations. Parents and adoptive parents do not bear such responsibility for the obligations of a minor. An emancipated teenager can independently exercise civil rights, create responsibilities and fulfill them . For example, a teenager will be able to independently buy and sell real estate and sign contracts without parental consent.

It is important to understand that emancipation is an irrevocable act and cannot be undone. You can only achieve invalidation of a decision declaring a person fully capable.

Such recognition is carried out with the mandatory participation of representatives of guardianship, the minor himself and his legal representatives.

Responsibilities and rights of an emancipated person

For some young citizens, the opportunity to become emancipated is seen in the wrong light. In their understanding, this is something interesting and even cool. Few teenagers understand the depth of responsibility associated with this step and the burden of responsibilities. As a rule, minors are attracted only by the rights of a full-fledged citizen.

Meanwhile, there are serious nuances that everyone who wants to undergo emancipation needs to know:

The teenager is obliged to provide himself with housing and pay for it in full.
Responsibility for one’s health, as well as the costs of restoring or maintaining it, falls on the shoulders of the boy or girl. They will have to independently choose specialists and medical institutions, as well as medications, according to their financial status.
Demands from parents to cover the basic needs of life become untenable and, most likely, will lead nowhere.
If you have the right to obtain any profession, you will have to bear the costs of realizing this desire yourself.
Emancipated citizens no longer have the right to ask for assistance in services for children and adolescents.

Only by taking on the full responsibilities of a citizen can you obtain the right:

Buy and sell real estate. Perform any operations with it yourself.
If there are different values, conduct legal transactions with them.
Enter into marital unions and upon marriage, become parents.

What should not even emancipated teenagers do?

Obtaining emancipated status does not guarantee a teenager the full range of rights.

The teenager will still not be able to buy alcohol and cigarettes in stores. Emancipation does not reduce the minimum age limit for purchasing alcohol and tobacco products: it is 18 years old.

Also, only after reaching 18 years of age will a teenager have access to:

Obtaining a driver's license category A, B, C.
Participation in voting and referendums.
Nomination of candidates for positions of state and municipal employees.

To run for State Duma deputies or obtain a category D license, you will have to wait until you turn 21 years old. For presidential candidates, the minimum threshold will be 35 years.

Restrictions on the ability of teenagers over 14 but under 18 to manage income

In addition to emancipation, there is also the opposite situation - when the opportunities of a teenager who has reached 14, but is under 18 years of age, are curtailed. This usually happens when a minor mismanages his income - that is, spends it on gambling, illegally purchased alcoholic beverages or drugs, etc.

In order to deprive a citizen who has reached the age of 14, but has not yet become an adult, the opportunity to independently manage their income, a court decision is required.

The applicants are parents (or other representatives) or the guardianship authority. They go to court, which in turn indicates the period for which such a restriction is imposed. If the period is not specified, the restriction applies until adulthood.

This norm does not apply to teenagers who have been emancipated. For them, restrictions can be imposed only in the manner prescribed for adults.

Author of the article

Legal status in society

After completion of the procedural actions, the teenager can receive a status in society equal to that of an adult. In particular, he acquires the opportunity to personally dispose of personal property and has the right to register in the living space of his father and mother without fulfilling the conditions of the legislation on the standard of housing for one person.

The legal consequences of gaining independence are divided into 2 groups:

consequences that maintain the young person's status as a minor;
provisions indicating a change in the legal status of a minor.

Important! An emancipated teenager cannot be a guardian and has no right to adopt a child. But in matters of labor protection, working hours, and well-deserved rest, he enjoys the benefits provided by law.

Evidence in an emancipation case

The task of the authorities is to establish the following facts:

age of the person in question (from 16 to 18 years);
availability of employment. If a young person is engaged in private activities, it will be necessary to establish not only the fact of his registration as a person carrying out independent activities, but also his constant employment in this business;
lack of a positive opinion of parents (adoptive parents) regarding the recognition of their child as legally competent under 18 years of age. If we are talking about parents, the procedure requires confirmation of the absence of deprivation of parental rights.