Responsibility of parents for the upbringing of minor children article. How do the courts solve the problem of divorce? Close connection between family and school

According to paragraph 1 of Art. 63 of the Family Code of the Russian Federation, parents have the right and obligation to raise their children. They are obliged to take care of their health, physical, mental, spiritual and moral development, ensure that they receive basic general education, and also protect the rights and interests of their children.

In accordance with paragraph 1 of Art. 18 of the UN Convention on the Rights of the Child, responsibility for the upbringing and development of children should be common and obligatory for both parents, wherever they are. When transferring a child to be raised by a guardian, trustee, or adoptive parents in accordance with the procedure established by law, the parents bear responsibility together with the substitute person. Temporary transfer by parents of their children to relatives, strangers, or to one of the child care institutions does not relieve parents of responsibility for the upbringing and development of children.

Current legislation provides different kinds liability for failure to fulfill or improper performance of their duties in raising children, namely: criminal liability, administrative liability, civil liability, liability provided for by family law.

Parents can be held accountable for all of the above types of liability.

If the actions of the parents contain elements of several illegal acts that are regulated by different rules of law, for example, when committing a criminal offense under Art. 156 of the Criminal Code of the Russian Federation, parents can be brought both to criminal liability and to family legal liability, i.e. deprived parental rights.

Deprivation of parental rights is a measure of responsibility provided for by the rules family law, and like any measure of responsibility, it serves not only to protect the rights and interests of children, but also performs a punitive function in relation to parents.

A parent who committed violations of his duties, for example, did not fulfill his duties to provide the child with food and clothing, which resulted in harm child health, may be brought to civil liability in the form of compensation for moral damage and damages.

At the same time in Art. 65 of the RF IC, the legislator indicated how children should not be raised and what methods should not be used in the education process. Neglect, cruel, rude, degrading treatment, insult or exploitation of children, harm to physical or mental health children, their moral development. Poor parenting certainly poses a threat to full development child, for the safety of society as a whole.

46. ​​Main categories of inheritance law

Inheritance. In the theory of inheritance law, the key concept is “inheritance”, since such concepts as “inheritance law”, “inheritance”, etc. come from it.

Inheritance is the transfer of the property of the deceased (testator) to one or more heirs. In addition, inheritance must be considered as a set of rights and obligations of the testator passing to his heirs.

When inheriting, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation (clause 1 of Art. 1110 Civil Code of the Russian Federation).

Grounds for inheritance. According to Art. 1111 of the Civil Code of the Russian Federation there are two grounds for inheritance: inheritance by will and inheritance by law. In the previous legislation, inheritance by law came first, and then inheritance by will. Inheritance by law in practice is more common than inheritance by will.

Inheritance by law takes place when and insofar as it is not changed by a will, as well as in other cases established by the Civil Code of the Russian Federation. Thus, inheritance by law will take place in the following cases:

If the testator did not make a will;

If a will was drawn up, but was declared completely invalid by the court;

If a will was drawn up, but was declared invalid in a separate part;

If the testator bequeathed only part of the inheritance (for example, only movable property was bequeathed, and immovable property will be inherited by law);

If the heir under the will refuses the inheritance;

If the heir under the will did not accept the inheritance;

If the heir under the will died before the testator;

If the heir under the will is a legal entity that has been liquidated.

Inheritance. Inheritance (inherited property, inheritance mass) represents things, other property, including property rights and obligations that belonged to the testator on the day the inheritance was opened, which are part of the inheritance.

The inheritance does not include:

a) rights and obligations inextricably linked with the personality of the testator (the right to alimony, the right to compensation for harm caused to the life or health of a citizen, the rights of the donee under a gift agreement in the future (unless otherwise provided in the agreement), the obligation to perform work under the author’s order agreement , the right of the deceased to receive a pension, social insurance benefits, etc.);

b) rights and obligations, the transfer of which by inheritance is not permitted by the Civil Code of the Russian Federation or other laws (share in the right to receive rent under a life annuity agreement, the rights and obligations of the testator under a social tenancy agreement for residential premises, the rights of the borrower under an agreement for gratuitous use, rights and obligations of the parties under the agency agreement);

c) personal non-property rights and other intangible benefits (personal dignity, honor and good name, business reputation, privacy, personal and family secret, the right of free movement, choice of place of stay and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible benefits belonging to a citizen from birth or by force of law, which are inalienable and non-transferable in any other way).

Time of opening of the inheritance. The time of opening of the inheritance is a legal fact and plays an important role in the development of inheritance legal relations, since at the time of opening of the inheritance the applicable legislation is established, the circle of persons called to inherit, the composition of the inherited property, the procedure and timing of its acceptance, the grounds for calling to inheritance are determined inheritance, and other important issues are resolved.

In accordance with Art. 1113 of the Civil Code of the Russian Federation, inheritance opens with the death of a citizen. The day of death can be determined on the basis of a medical report or a court decision in a case establishing the fact of death.

Place of opening of inheritance. Determining the place of opening of inheritance is of key importance for resolving practical issues related to inheritance. In particular, taking into account the place and time of opening of the inheritance, the circle of persons called for inheritance and the applicable legislation are established; at the place of opening of the inheritance, applications from the heirs for acceptance of the inheritance or renunciation of the inheritance are submitted; the testator's creditors make claims against the heirs who accepted the inheritance; applications are submitted to take measures to protect the inheritance; heirs apply for the issuance of certificates of right to inheritance, and other legal actions are taken.

47.Inheritance by law.

According to the law, the property of the testator, which was not bequeathed by him, is inherited. All possible heirs are legally divided into several queues. The heirs of each line can inherit property if the heirs of all previous lines are absent, did not accept the inheritance, refused it, or lost the right to it (according to the will or as a result of their illegal actions). Property inherited by law is divided equally among the heirs of the corresponding order.

Currently in Russia there are eight lines of heirs according to the law:

The first priority is the spouse, parents and children (as well as grandchildren and their descendants by right of representation);

The second priority is siblings (including half-siblings), grandparents (as well as nephews and nieces by right of representation);

Third priority - uncles and aunts (as well as cousins ​​by right of representation);

The fourth stage is great-grandfathers and great-grandmothers;

Fifth line - children of nephews and nieces, brothers and sisters of grandparents;

Sixth line - grandchildren, nephews and nieces, children cousins and sisters, cousins and aunts (children of grandparents' siblings);

The seventh line is stepsons, stepdaughters, stepfather and stepmother.

Disabled heirs by law, from the first 7 orders (and regardless of this order), who were dependent on him for at least a year before the death of the testator (regardless of whether they lived together or not), inherit together and equally with the heirs of the order that is called to inheritance.

Disabled persons who are not included in the first 7 lines, but who were dependent on him and lived with him for at least a year before the death of the testator, inherit together and equally with the heirs of the line who are called to inherit, and in the absence of them, they form the eighth line.

If an heir by law dies before the testator or at the same time as him, then in some cases the descendants of this heir are given the opportunity to inherit in his place by right of representation: in this case, the share that would have been due to this deceased heir is divided among his descendants.

Currently in Russia the following are inherited by right of representation:

The grandchildren of the testator and their direct descendants - instead of the children of the testator (1st stage);

Nephews and nephews of the testator - instead of siblings (2nd stage);

Cousins ​​of the testator - instead of siblings of the testator's parents (3rd stage).

In the second and third cases, the right of representation is limited only to the children of the deceased heirs; more distant descendants belong to the 5th and 6th orders or do not inherit by law at all.

48. Inheritance by will

Will- a unilateral transaction, the disposal of one’s property in the event of death. It comes into effect from the moment the inheritance is opened, when the testator is no longer alive. It is an expression of the will of the testator, which is directly related to his personality. The right to bequeath property is an element of legal capacity. The testator has the right to dispose of any of his property, including those that he acquires in the future. In addition, the testator has the right to disinherit one or more heirs by law.

The will must be drawn up in writing and certified by a notary or other official expressly specified in the law. Failure to comply with the requirement to certify a will entails its invalidity, however, in special cases (specified in Article 1129 of the Civil Code), it is allowed to draw up a will in a simple manner writing.

The testator, according to the principle of freedom of will, has the right to cancel or change (add) the will he has drawn up at any time after its execution and is not obliged to inform anyone about this, nor indicate the reasons for its cancellation/change. Moreover, a new will, even if it does not contain explicit instructions to cancel the previous one, cancels those of its provisions that it contradicts.

Heirs under a will can be individuals and legal entities, international organizations, etc.

Legal aspects parents' responsibility for raising children

Family is a child’s natural habitat. This is where the prerequisites for development physically and spiritually are laid. healthy person. In addition, a family for a child is also a kind of refuge that ensures his survival. That is why one of the basic rights of a child is his right to live and be raised in a family. That's why the most important issue In the development of a child’s personality is the role of parents in his upbringing.

People get married voluntarily, as a rule, being well aware of not only their rights, but also their responsibilities. The spouses have children. They have no power in choosing their mother and father. The law is obliged to protect their interests. As for parents, with the birth of a child they enter into new legal relations- the relationship between parents and children acquires rights and responsibilities of parents.

The right of parents to raise children is ensured not only and not so much thanks to state assistance, but mainly through the fulfillment by parents of the duties of raising them. These responsibilities include caring for the health, physical, mental and moral development of the child. These are the real general view the most important responsibilities of parents, which constitute, as it were, two groups. One is directly related to the physical development of the child, which largely depends on his nutrition and habitat. The second concerns the mental, spiritual, moral development of a minor and presupposes the existence of more complex in nature means and methods of forming a child as a person. Currently, the role of parents in fulfilling responsibilities of this kind is becoming more and more obvious. This largely depends on spiritual world the child, his readiness for interpersonal communication, the desire for knowledge, the ability to control his mind and feelings. Fulfilling parental responsibilities not only contributes to the exercise of parental rights, but also serves as an example of desired, approved behavior - its model.

The rights and responsibilities of parents in relation to their children are regulated by a number of laws of the Russian Federation. The main ones are: the Constitution of the Russian Federation, Family, Civil, Administrative, Criminal Codes of the Russian Federation; Law of the Russian Federation “On Education”. In addition, the provisions of the International Declaration of Human Rights and the UN Convention on the Rights of the Child apply in our country. Here are some legal provisions that define the rights and responsibilities of parents.

Family Code of the Russian Federation. Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 61. Equality of rights and responsibilities of parents

1.Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

In accordance with Part 2 of Art. 38 of the Constitution of the Russian Federation - care for children, their upbringing - equal right and the responsibility of parents. Consequently, we are talking not only about the moral duty of each parent, but also about his constitutional rights and responsibilities. Giving parents rights in relation to their minor children means that they are given the opportunity to perform actions and actions that are approved, desirable from the point of view of the state, and aimed at the benefit of the child. The rights of parents give rise to corresponding responsibilities.

2. Parental rights provided for by this chapter are terminated when children reach the age of eighteen years (the age of majority), as well as when minor children marry and in other cases established by law when children acquire full legal capacity before they reach adulthood. ( marriage and emancipation (clause 2 of article 21 of the Civil Code and article 27 of the Civil Code).

Family Code of the Russian Federation. Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 63. Rights and obligations of parents regarding the upbringing and education of children

1. Parents have the right and obligation to raise their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a priority right to raise their children over all other persons.

The right to raise a child is a personal inalienable right of every parent. This right can be lost only in cases provided for by law: upon deprivation of parental rights and adoption of a child.

2. Parents are obliged to ensure that their children receive basic general education.

Parents, taking into account the opinions of their children, have the right to choose educational institution and forms of education for children until children receive basic general education.

The Law of the Russian Federation "On Education" considers education as goal-oriented process education and training in the interests of the individual, society, and state. This process is ensured not only by the state, but also by parents.

From the Law Russian Federation"ABOUT EDUCATION":

In this Law, education is understood as a purposeful process of education and training in the interests of an individual, society, and state, accompanied by a statement of the achievement by a citizen (student) of educational levels (educational qualifications) established by the state.

The receipt of education by a citizen (student) is understood as the achievement and confirmation of a certain educational qualification, which is certified by the appropriate document.

The right to education is one of the fundamental and inalienable constitutional rights of citizens of the Russian Federation.

Article 52. Rights and obligations of parents (legal representatives)

1. Parents (legal representatives) of minor children, until the latter receive basic general education, have the right to choose forms of education, educational institutions, protect the legal rights and interests of the child, and take part in the management of the educational institution.

2. Parents (legal representatives) of students and pupils are obliged to ensure that their children receive basic general education (item entered Federal law dated June 25, 2002 No. 71-FZ).

3. Parents (legal representatives) of students and pupils are obliged to comply with the charter of the educational institution.

4. Parents (legal representatives) have the right to give their child primary general, basic general, secondary (complete) general education in family. A child receiving education in a family has the right at any stage of education, subject to positive certification, by the decision of the parents (legal representatives), to continue education in an educational institution.

5. Parents (legal representatives) of students and pupils are responsible for their upbringing and their receipt of basic general education.

According to paragraph 4 of Art. 43 of the Constitution of the Russian Federation, parents or persons replacing them ensure that their children receive a complete general education. IN Everyday life Parents' responsibility for this is to ensure that their child learns. He can combine his studies with work, creative, entrepreneurial, commercial activities, but whatever the family situation, the level of financial security of the family, the health status of the parents, the child must receive the necessary education. Avoidance of this duty serves as grounds for deprivation of parental rights, removal of the guardian (trustee) ).

It also depends on the parents what additional education and where children will receive them. Parents exercise their right to choose taking into account the child’s opinion. It doesn’t matter how old he is. For children younger age attachment to friends with whom he would like to study, his abilities, inclinations may be important. Older children act consciously and realistically, basing their choices on their future professional orientation. The choice by a parent and his child of the type of educational institution and form of education is influenced by the child’s health status, the degree of financial security of the family, family traditions, profession of parents, etc. In any case, taking into account the child’s opinion means treating him with respect. However, parents have the right not to take into account the point of view of a minor if it contradicts his interests or cannot be realized for objective reasons.

Family code. Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 65: When exercising parental rights, parents do not have the right to harm the physical health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

Persons with parental rights are responsible for the upbringing and development of their children. This responsibility is common and binding on both parents, wherever they may be, and determines special meaning responsibility of parents in ensuring the rights and interests of their children. At the same time, there is an impact on the formation of a sense of responsibility for the child and his upbringing, the completeness of which largely determines the quality of family upbringing. It is assumed that there is responsibility, both of a moral nature and as provided for in various branches of legislation (administrative, civil, family, criminal, etc.). In the first case, responsibility entails moral condemnation, in the second - additional burden or even punishment in the manner prescribed by law. Additional burden refers to consequences unfavorable for the violator of rights that go beyond the scope of forced performance of duties. Typical liability for improper family education children is deprivation of parental rights.

Family code RF. Article 69 provides for the deprivation of parental rights of those parents who shirk their responsibilities for raising children, abuse parental rights, abuse children, harmfully influence them with their immoral behavior, and are chronic alcoholics or drug addicts. By depriving irresponsible parents of parental rights, the state eliminates not only their unfavorable, bad influence on children, but also ends the fiction of education, that is, a situation in which a pedagogical vacuum is created, often filled with negative spontaneous influences. Parents deprived of parental rights are not released from the responsibility for supporting children. They must pay alimony to those to whom the child is placed in care, and they themselves cease to receive benefits assigned to the children. The basis of the elemental obligation is family relationships - marriage, adoption, etc. Minor children, and in some cases disabled adult family members, have the right to alimony. Child support is paid primarily by parents (adoptive parents), and in the event of their death - by other family members (grandfather, grandmother, adult brothers and sisters and other so-called actual caregivers). In accordance with the Family Code of the Russian Federation, alimony is collected according to the following scheme: 25% of earnings are transferred monthly for the maintenance of one child, 30% for the maintenance of two children and 50% for the maintenance of three or more children. The courts are given the right to increase or decrease the amount of alimony, taking into account the financial and marital status of the parties. In addition, the law deprives such parents of the corresponding rights provided for by civil and labor law.

Family Code Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 64. Rights and obligations of parents to protect the rights and interests of children

1. Protection of the rights and interests of children rests with their parents.

Parents are legal representatives their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers.

In our country there is a system of bodies and institutions that are obliged to deal with preventive work with families, protect the rights of minors, monitor the activities of children's institutions. These include:

Commission on Minors' Affairs and Protection of Their Rights

Social protection authorities

Education authorities

Guardianship and trusteeship authorities

Health authorities and health care institutions

Youth authorities, employment services

Internal Affairs Bodies

Modern law regulates in sufficient detail the rights and responsibilities of parents in relation to their children. And yet, in conclusion, I would like to quote the words of Lev Nikolaevich Tolstoy:

"All moral education children comes down to good example.

Live well, or at least try to live well,

And as you succeed in a good life, you will raise your children well.”

Family is natural and best atmosphere for the life and development of a child. Only in family circle children receive full physical development and spiritual education.

Parents play a huge role in this process. From the very birth of the baby, they must take care of him, support and educate him.

In case of improper performance of duties, parents may become responsible for raising their children.

Developing and being brought up in the family circle is one of the highest priority rights of a minor, enshrined in the legislation on family relationships. Another alternative form of education is not capable of bringing the same positive results.