What constitutes a child's personal property? Property rights of a child under family law

The RF IC does not recognize the ownership rights of children to property belonging to their parents. According to clause 4 of Art. 60 of the RF IC, a child does not have the right of ownership of the parents’ property, and parents do not have the right of ownership of the child’s property. Children and parents living together can own and use each other's property by mutual consent. The exception is the case of the emergence of common ownership of any property. In this case, the rights of children are determined in accordance with civil law.

However, the child has the right to receive maintenance from his parents and other family members, and parents bear equal responsibilities towards their children. The procedure and form for presenting support for minor children is determined by the parents independently. Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) (Article 80 of the RF IC).

A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds.

Clause 5 Art. 38 of the RF IC establishes that contributions made by spouses at the expense of the spouses’ common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses’ common property. Items acquired solely to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live. Thus, the specified property is considered in the RF IC as the property of the child.

1. The child has the right to receive maintenance from his parents and other family members in the manner and in the amounts established by Section V of the Family Code.

2. Amounts due to the child as alimony, pensions, benefits are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.

The court, at the request of a parent obligated to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks.

3. A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds.

The child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation.

When parents exercise powers to manage the child’s property, they are subject to the rules established by civil legislation regarding the disposal of the property of the ward (Article 37 of the Civil Code of the Russian Federation).

4. The child does not have the right of ownership of the parents’ property, and the parents do not have the right of ownership of the child’s property. Children and parents living together can own and use each other's property by mutual consent.

5. In the event of the emergence of the right of common property of parents and children, their rights to ownership, use and disposal of common property are determined by civil legislation.

The property rights of the child are regulated not only by family law, but also by civil law. In Art. 60 of the RF IC contains only an approximate list of the property rights of a child, which can be grouped as follows:

The right of the child to receive maintenance from his parents and other family members;

The child’s right of ownership to the income he received, to property received by him as a gift or by inheritance, as well as to any property acquired with his funds.

Every child has the right to receive maintenance from his parents (Article 60 of the RF IC). They spend part of their earnings or other income to meet the needs of their child: food, clothing, education, treatment, etc.

Thus, the parents fulfill their duty to support the child and at the same time ensure the child’s right to receive maintenance, which constitutes one of the inalienable rights of the child. In addition, the sources of child support include alimony due to him. These funds are collected in court from the parent obligated to pay alimony, and if the child is unable to receive maintenance from his parents, from other family members (adult brothers, sisters, grandparents). Malicious evasion of payment by court decision of funds for the maintenance of minor children is grounds for deprivation of parental rights, as well as for criminal prosecution under Art. 157 of the Criminal Code of the Russian Federation. Pensions and various types of benefits due to a minor by law are also considered sources of child support.

According to paragraphs 1 and 2 of Art. 56 of the RF IC, the protection of the rights and legitimate interests of a child can be carried out by a minor independently or through representatives.

As another unique basis for the emergence of property rights of a child in a family, clause 5 of Article 38 of the RF IC, dedicated to the division of property of spouses, serves. It says here that things purchased by spouses-parents solely to meet the needs of minor children (clothes, shoes, school and sports supplies, musical instruments, children's library, etc.) are not subject to division and are transferred without compensation to the person with where the children live.

We can say that the child has the right to the listed things, of which he is essentially the owner, although they were acquired by his parents. A similar conclusion can be drawn regarding contributions made by spouses from their common property in the name of their common minor children. These contributions, regardless of which parent made them and in what amount, are not taken into account when dividing property. Here, too, the child becomes the owner of property rights.

A special place among the provisions of the Family Code devoted to the property rights of a child is occupied by the rules where the boundary is drawn between his property and the property of his parents. Clause 4 of Art. 60 of the IC establishes it as follows: “The child does not have the right of ownership of the parents’ property, the parents do not have the right of ownership of the child’s property.”

It must be assumed that such a rule is inherently anti-pedagogical, but strictly adhered to from the point of view of law. Paradoxes of this kind are sometimes inevitable. They are softened in paragraph 4 of Art. 60 SK, which says: “Children and parents living together can own and use each other’s property by mutual consent.” The use of the term “children” in this context means that both minors and adult family members are meant. I think that the word “should” would be more appropriate rather than “can”, because the emphasis on the supremacy of private property principles does not always have a positive effect from the point of view of development, the formation of the child as an individual.

Thus, family legislation pays minimal attention to the property rights of the child in the family, devoting only one, but detailed article to them. And the UN Convention on the Rights of the Child is generally limited to provisions on the obligations of parents to provide for the child within the limits of their financial capabilities; there is no mention of his property rights. At the same time, Art. 60 of the IC more than once refers to civil legislation, and is in close contact with other branches of law, which emphasizes the complex, complex nature of the child’s property rights, in ensuring which the state should play an important role.

The maintenance of the child in the family is carried out by his parents. They spend part of their earnings (income) on food, clothing, treatment, education and all other needs of the child, while fulfilling their parental duty. At the same time, they ensure the child’s right to receive maintenance, which is one of the inalienable rights of every child. When for some reason the parents (or one of them) do not provide this right, funds for their maintenance are collected in court. If a child is unable to receive maintenance from his parents, he has (under certain conditions) the right to alimony from other family members: adult brothers, sisters, grandparents. Malicious evasion of payment of child support is grounds for deprivation of parental rights (Article 69 of the RF IC), as well as for criminal prosecution under Art. 157 of the Criminal Code of the Russian Federation.

The amounts of alimony, pensions and benefits received are the property of the child. However, the right to dispose of them in the interests of the child belongs to his parents (the persons replacing them - adoptive parents, guardians, trustees, adoptive parents). They are obliged to spend these funds on the maintenance, upbringing and education of the child (clause 2 of Article 60 of the Family Code).

If the parent paying child support believes that it is being spent by the other parent for other purposes (especially when it comes to amounts exceeding the current needs of the child), he has the right to apply to the court with a request to credit part of the child support (no more than 50%) to the accounts opened in the child's name in the bank.

The child is also the owner of the property belonging to him and the income generated by him. Its mass can be formed by movable and immovable things of any value, securities, shares, shares in capital, deposits made in credit institutions or other commercial organizations, dividends on deposits, etc. This property can be purchased with the child’s funds or received as a gift. , by inheritance. The minor also owns the scholarship he receives, as well as his earnings (income) from the results of intellectual and entrepreneurial activity.

Civil legislation defines the child’s right to independently dispose of his property. These capabilities of the child depend on his age and are determined by Articles 26 and 28 of the Civil Code of the Russian Federation. A child aged 14 to 18 years has the right to independently, without the consent of parents, adoptive parents, or a guardian, dispose of his or her earnings, scholarships and other income; exercise the right of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; in accordance with the law, make deposits in credit institutions and manage them; carry out small household transactions.

All other civil law transactions related to the implementation of the child’s property rights are carried out with the written consent of his legal representatives (parents, adoptive parent, trustee). Moreover, these transactions will be valid even if the parents (persons replacing them) subsequently approve them in writing. There is an exception to this general rule: the court, if there is sufficient information, at the request of parents (persons in their stead) or guardianship authorities, can either limit or deprive a child aged 14 to 18 years of the right to independently manage his earnings, scholarships and other income . The reason for this may be, in particular, the use of amounts due to the child to purchase alcoholic beverages and drugs.

If this right is limited, a minor disposes of his income only with the consent of his parents (persons replacing them), and if the right is deprived, his parents (persons replacing them) dispose of his income in the interests of the minor. A child aged 14 to 18 years independently bears property liability for transactions made by him.

Minors (minors under 14 years of age) aged 6 to 14 years can make: small household transactions, transactions aimed at obtaining benefits free of charge, as well as transactions for the disposal of funds provided to them by their parents (persons replacing them) or third parties with the consent of the latter. Minors aged 6 to 14 years can use the property provided to them free of charge and accept gifts. They also have the right to dispose of the funds given to them by their parents (persons replacing them), and if these funds are given to them by other family members or even strangers, the consent of the parents (persons replacing them) is required.

Requirements of this kind are dictated mainly by pedagogical considerations. But in any case, a minor cannot make a transaction himself if it requires notarization or state registration. As for children under 6 years of age, all transactions on their behalf can only be made by their parents (persons replacing them).

Parents, being the natural guardians (trustees) of their child, when managing the child’s property, have the same rights and bear the same responsibilities that are provided for by civil law for guardians (trustees) (Article 37 of the Civil Code of the Russian Federation). These requirements fully apply to the child’s adoptive parents and foster parents. It follows that the income due to the child (except for income that the minor has the right to dispose of independently) is spent by the parents (adoptive parents, foster parents) in the interests of the child and with the prior permission of the guardianship and trusteeship authorities. Such permission is not required if we are talking about current expenses necessary to support the child, purchase clothes for him, his treatment, and rest.

A parent does not have the right to enter into transactions with his minor children, with the exception of transferring property to them as a gift or for free use. In addition to the right of ownership of their own property, children and parents do not have the right of ownership of each other’s property, however, if they live together, they have the right to own and use each other’s property by mutual agreement, building their relationship on trust, in accordance with the existing one in the family way of life.

There is no special legal regime for the property of parents and children. If parents and children have the right of common ownership of any property, their relations are regulated by the general norms of civil legislation (Articles 244-255 of the Civil Code of the Russian Federation).

In recent years, trends have emerged in our country aimed at, firstly, completely reviving the understanding of the family as an enduring value, and secondly, radically changing the centuries-old patriarchal idea of the subordinate position of a minor in the family.

The legislative consolidation of the rights of minor children corresponded to the consolidation of the corresponding responsibilities of parents. For example, caring for children and raising them is an equal right and responsibility of parents. Consequently, we are talking not only about the moral duty of each parent, but also about his constitutional rights and responsibilities. Moreover, their existence is not associated with the presence or absence of marriage of their parents. 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 correspond to corresponding responsibilities. Parents have equal rights and responsibilities. Their equality is ensured by family law norms that have specific content. The content of the child’s rights is: the child’s right to live and be raised in a family, which includes: the right to live and be raised in a family; the right, as far as possible, to know one's parents; the right to care from parents; the right to live together with one's parents; the right to be raised by one's own parents; the right to secure interests; the child’s right to communicate with parents and other relatives; the child's right to protection; the child’s right to express his or her opinion; the child’s right to a first name, patronymic, and last name; property rights of the child, including: the right to maintenance; ownership; the right to independently dispose of one’s property.

The inclusion of norms on the property rights of a child in the text of the Family Code of the Russian Federation makes a lot of sense. It means expanding the range of relations regulated by family law, since this includes the property rights of minors both within the family and outside it.

No matter how the state’s attitude towards the family and parents changed, the child always had the right to receive maintenance at their expense. The obligation to provide financially for minors, as well as disabled and needy adult children, can also be viewed as a child’s right to care from his parents. This is one of the most typical examples of the merging of the personal and property rights of a child in a family. In the absence of such care

The Family Code allows you to resort to legal norms providing for alimony obligations. It should be noted once again that the legislator speaks only about the rights of minor children; as for the responsibilities of a child in the family, they are determined only by moral standards, since it is impossible to force him to fulfill them with the help of the law. Attention should be paid to the responsibility of parents, and, in appropriate cases, other family members for improper implementation of the rights and obligations provided for by law in relation to the child.

In a state where the rights of the child are the core in the legal relations of children and parents, an organized system of monitoring the observance of all children’s rights is proposed, monitoring of the fulfillment of obligations to ensure the rights of the child is provided, and the necessary legislative and administrative measures are taken to implement the rights of the child provided for by it. It must be stated that to date, the Russian Federation has formed a good basis for family legislation, the basis of which is international conventions and the Constitution of the Russian Federation. And the only condition for the normal functioning of the family and legal relations between children and parents at the present time, in the author’s opinion, is adherence to the norms of international law and the “testing” of the judicial mechanism.

The RF IC does not recognize the ownership rights of children to property belonging to their parents. According to paragraph 4 of Art. 60 of the RF IC, a child does not have the right of ownership of the parents’ property, and parents do not have the right of ownership of the child’s property. Children and parents living together can own and use each other's property by mutual consent.

However, the child has the right to receive maintenance from his parents and other family members, and parents bear equal responsibilities towards their children.

A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds. Thus, his property rights are as follows:

1. The child has the right to receive maintenance from his parents and other family members in the manner and in the amounts established by Section V of the Family Code.

2. Amounts due to the child as alimony, pensions, benefits are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.

3. A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds.

The child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation.

5. In the event of the emergence of the right of common property of parents and children, their rights to ownership, use and disposal of common property are determined by civil legislation.

The right of the child to receive maintenance from his parents and other family members;

The child’s right of ownership to the income he received, to property received by him as a gift or by inheritance, as well as to any property acquired with his funds.

Another unique basis for the emergence of property rights of a child in a family is clause 5 of Art. 38 of the RF IC, dedicated to the division of property of spouses. It says here that things purchased by spouses-parents solely to meet the needs of minor children (clothes, shoes, school and sports supplies, musical instruments, children's library, etc.) are not subject to division and are transferred without compensation to the person with where the children live.

It must be assumed that such a rule is inherently anti-pedagogical, but strictly adhered to from the point of view of law. Paradoxes of this kind are sometimes inevitable. They are softened in paragraph 4 of Art. 60 SK, which says: “Children and parents living together can own and use each other’s property by mutual consent.” The use of the term “children” in this context means that we mean both minors and adult family members. I think that the word “should” would be more appropriate rather than “can”, because the emphasis on the supremacy of private property principles does not always have a positive effect from the point of view of development, the formation of the child as an individual.

When for some reason the parents (or one of them) do not provide this right, funds for their maintenance are collected in court. If a child is unable to receive maintenance from his parents, he has (under certain conditions) the right to alimony from other family members: adult brothers, sisters, grandparents. Malicious evasion of payment of child support is grounds for deprivation of parental rights (Article 69 of the RF IC), as well as for criminal prosecution under Art. 157 of the Criminal Code of the Russian Federation.

Civil legislation defines the child’s right to independently dispose of his property.

These capabilities of the child depend on his age and are determined by Articles 26 and 28 of the Civil Code of the Russian Federation. A child aged 14 to 18 years has the right to independently, without the consent of parents, adoptive parents, or a guardian, dispose of his or her earnings, scholarships and other income; exercise the right of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; in accordance with the law, make deposits in credit institutions and manage them; carry out small household transactions.

It is also worth saying that the property rights of a child belong to the category of little-studied and ambiguous concepts in legal science. The difficulty is caused by the lack of legislative provisions regulating the property relations of the child as a subject of law.

The UN Convention on the Rights of the Child, when considering the personal non-property rights of children, briefly touches on property relations, Art. 27 of the Convention is limited to provisions on the obligations of parents to provide for the child within the limits of their financial capabilities. The Convention does not even mention the child's property rights. At the same time, the norms of family law more than once refer to civil legislation and are in close contact with other branches of law, which emphasizes the comprehensive, complex nature of the child’s property rights, in ensuring which the state should play an important role.

One of the responsibilities of parents is to support their children until they reach adulthood. does not relieve them of this responsibility. A parent who does not live with the child after a divorce is obliged to support him through payment. Their size and payment procedure are established by the court in accordance with the requirements.

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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The regime for maintaining a child by parents who are in prison is not specified in the Family Code. However, the guardianship authorities can appeal in court against the inadequacy of the child’s financial support (lack of proper nutrition, warm clothing, school supplies), and on this basis deprive the parents of their rights to the baby, and transfer the child himself to state support.

In addition, the guardianship authorities, acting in accordance with , may, in the presence of exceptional circumstances, through the court, request from the parents an increase in the costs of maintaining not only a minor, but even an adult child. Exceptional circumstances include:

serious disease;
disability;
payment for child care by a third-party specialist.

This list may be expanded by the court.

The procedure and amounts of alimony collected are prescribed in the articles.

Payments for a child

Child's property rights

Children, including, according to Art. 60 of the RF IC, may have as property:

financial payments and other income accrued in their name;
property acquired with income received in their name;
property received as a gift;
property inherited through a will.

Are children involved in the management of their property? Until the age of fourteen disposal of property belonging to children, is carried out exclusively by their parents, and the property belonging to orphans is carried out by authorized state guardianship bodies.

Upon reaching the specified age and until the age of majority, the teenager receives partial right to dispose of his property. In particular, he receives the right:

dispose of any personal income;
make small, insignificant transactions;
dispose of copyright and other fruits of their intellectual activity;
manage your deposit accounts.

For other actions with his property not mentioned in the list, the child must obtain written permission from his parents (guardians). In principle, a teenager can, at his own discretion, make one or another transaction with his property, but upon completion, he must still obtain written permission from his parents (guardians).

Only a court can limit a child’s right to dispose of his property, citing the justified demands of his parents (guardians).

Please note that the sale of not only the real estate of minors, but also the living space in which they live, is carried out only with the permission of state guardianship authorities after it has been proven that this transaction does not infringe interests of children and is reasonably necessary.

Are minor children subject to property tax? Yes. In addition to property rights, the child also receives certain property responsibilities. He must pay tax on the property he owns, since the Tax Code does not make an exception for minors. Payment procedure:

Property tax for children under 14 years of age is paid by parents from the general family income.
Teenagers 14-18 years old can pay property tax independently from the income they receive.

Do children have the right to their parents' property? The child does not have right to family property, both their personal and acquired during their marriage. This means that when dividing the property of the spouses, the court does not take into account the property rights of the children in the sense that it does not divide the property acquired by the spouses between them. The exception is the purchase or donating a share in real estate to a minor child families.

August 10, 2014
If parents intend to make transactions with the property of their minor children, they must contact the guardianship and trusteeship authority at the child’s place of residence to obtain prior written permission for the transaction (for example, if we are talking about the alienation of housing, disposal of a cash deposit, etc.).

According to the law, parents do not have the right of ownership of the child’s property (clause 4 of Article 60 of the Family Code of the Russian Federation), and the child does not have the right of ownership of the parents’ property.

In accordance with paragraph 3 of Art. 60 of the Family Code of the Russian Federation, the child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation.

As follows from paragraph 1 of Art. 28 of the Civil Code of the Russian Federation, for minors under the age of 14 years (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. The rules provided for in clauses 2 and 3 of Art. apply to transactions of legal representatives of a minor with his property. 37 of the Civil Code of the Russian Federation.

When parents exercise powers to manage the child’s property, they are subject to the rules established by civil legislation regarding the disposal of the property of the ward (Article 37 of the Civil Code of the Russian Federation).

In accordance with paragraph 1 and paragraph 2 of Art. 37 of the Civil Code of the Russian Federation (as amended by Federal Law No. 49-FZ of April 24, 2008), income due to a child from the management of his property is spent exclusively in the interests of the minor, and the procedure for managing property is determined by the Federal Law “On Guardianship and Trusteeship”.
Consequently, Federal Law No. 48-FZ dated April 24, 2008 (as amended on July 18, 2009) “On guardianship and trusteeship” (hereinafter referred to as Federal Law No. 48) determines the procedure for managing (disposing of) the property of all categories of minor children - both wards and having parents.

In accordance with paragraph 2 of Art. 19 Federal Law - 48, guardianship and trusteeship authorities give permissions and binding instructions in writing regarding the disposal of the property of wards (from the meaning of Article 37 of the Civil Code of the Russian Federation - and children with parents).

Preliminary permission from the guardianship and trusteeship authority (or a reasoned refusal) is provided to the applicant in writing (clause 3 of article 21 of the Federal Law - 48).

Parents should not make transactions that will lead to a decrease or loss of the child’s property. Transactions must be made solely in the interests of children. Donation transactions on behalf of minors are prohibited by law (Article 575 of the Civil Code of the Russian Federation), no exceptions are provided.

The child has the right to receive maintenance from his parents and other family members (Clause 1 of Article 60 of the Family Code of the Russian Federation). From the meaning of Art. 60 of the Family Code of the Russian Federation it follows that the responsibility for maintaining a child is assigned to his parents (legal representatives). Therefore, the child should not provide the conditions for his own existence: buy food, clothing, basic necessities, etc.

There is not and cannot be an approved list of cases in which parents will be allowed to spend their child’s money. Each situation is considered individually using the principles of reasonableness, fairness and taking into account the interests of the child himself (and from the age of 14 - only with his consent).

Of course, the guardianship and trusteeship authority will not interfere with the disposal of the minor’s deposit if:

— the child needs expensive treatment (as confirmed by relevant medical documents);

— it is planned to purchase residential premises with the allocation of a share of ownership to the child in the purchased apartment (presence of a preliminary purchase and sale agreement);

— a ticket for a child’s recreational holiday is purchased;

— it is necessary to pay for the child’s education.

In other cases, the appropriateness of spending the child’s funds seems questionable (for example, a minor has a cash deposit in a credit institution, and his parents want to use the child’s funds (property) free of charge to pay off their loan debt, etc.).

Parents have the right to challenge the refusal in court. But the court will always take into account, first of all, the interests of the child, not the parent.

Consequently, until a child reaches the age of 18, disposal of his property is possible only with the prior permission of the guardianship and trusteeship authority. Guardianship and trusteeship authorities have the right to give appropriate instructions to parents regarding the disposal of children’s property, and parents are obliged to comply with them.

If a minor aged 14 to 18 years himself has earned money (salary, scholarship, bonus), then he has the right to dispose of the deposit without the consent of the guardianship and trusteeship authority, while his right can be limited only on the basis of a court decision (Article 26 of the Civil Code RF).

Dear parents! Prior permission from the guardianship and trusteeship authority to dispose of the property of minors is necessary for state registration of transactions (alienation of housing, pledge, etc.). Without written permission from the guardianship and trusteeship authority, bank employees will not allow you to dispose of a cash deposit opened in the name of the child. The situation is similar with shares, securities, vehicles, and various real estate assets, if the child owns them in whole or in part.

The obligation to obtain such preliminary permission from the guardianship and trusteeship authorities is assigned to parents by the law of the Russian Federation, and not by the whim of specialists from the relevant structures.

Prompt advice on issues affecting the property interests of children (transactions with property, disposal of cash deposits, sale of shares, re-registration of inherited property) can be obtained from specialists of the guardianship and trusteeship authority: Department for the Protection of Children's Rights - t. 2-38-38, 2- 38-26 (consulting parents), department of guardianship and trusteeship - t. 2-19-72, 2-38-25 (consulting foster parents - adoptive parents, guardians, trustees, adoptive parents).

Information prepared by Borzova O.O., Head of the Children's Rights Protection Department

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Children, just like adults, have the right to property, but it is often limited. It is believed that minors, due to age and lack of experience, cannot dispose of real estate, belongings and money according to the law and for their own benefit. Therefore, property rights require special protection from parents, guardians and the state.

Income and property

The child has the right:

on your income and remuneration;
property transferred as a gift or by inheritance;
for an apartment (or share) after its privatization;
property paid for with the money of a minor;
share of real estate purchased with the participation of maternity capital.

The ability to exercise one’s property rights (not only to own and use, but also to dispose of) depends on the age of the citizen, that is, on his legal capacity.

Child's capacity

A minor is considered partially capable. A major role in the implementation of property rights at this time is played by parents and other legal representatives, as well as regional departments of guardianship and trusteeship.

A citizen under 14 years of age is considered a minor. He can:

carry out small household, everyday transactions: purchases for small amounts, transfer of non-valuable items;
carry out transactions that do not require state registration or notarization. This is, first of all, receiving things as a gift or free use. An exception is real estate transactions, they are carried out only by legal representatives;
manage the money that his parents (guardians) gave him for pocket expenses.

A teenager aged 14–18 years has extended legal capacity. He has the right:

make large transactions with the written approval of parents (trustees). Consent may be obtained after the fact;
manage your earnings, scholarships, royalties from the sale of copyright works, dividends from securities or other income. Alimony and social payments, however, go to parents up to the age of 18;
exercise copyright, for example, sign contracts for the publication of a work;
open deposits in your name and replenish them.

In addition, from the age of 14, a child, with the participation of his parents, has the right to go to court to protect his rights. From the age of 16, he can obtain full legal capacity by decision of the court or guardianship authorities, for example, by opening his own business. For property damage caused to minors, their parents pay. If the damage was caused by a teenager 14–18 years old, he himself shall compensate for it.

Property rights of the child

Property rights are regulated by family, civil, housing and other regulations. The legislation of the Russian Federation fully complies with international legislation, including that which the USSR signed and ratified in 1990. The protection of children's rights is the responsibility of not only parents, guardians and trustees, but also the state.

Ownership and use of property

Of the entire triad of property rights, children exercise only 2 without restrictions: possession and use. The property is either actually owned by the minor or registered in his name. If it is a car, the child is listed as its owner in the traffic police database, if real estate - in the Unified State Register of Real Estate.

As a rule, the child uses the same property: lives in an apartment, has access to it, travels by car, etc. At the same time, a minor cannot be called a full-fledged owner: he cannot independently and freely dispose of his property and money.

Disposal of property

Parents, guardians or the state manage the property (determine its legal fate) in the interests of the minor and for his benefit. Alimony and social payments go towards the maintenance, upbringing, treatment, recreation and education of children.

Funds paid to the child from the state are credited to the parent’s account. If this is a guardian or trustee - to a separate nominal account registered for an adult and a minor as a beneficiary.

The state controls expenses and transactions with property to the extent possible. In particular, none of the transactions for the alienation of real estate takes place without the approval of the POiP. Guardians and trustees report for the social benefits spent by the ward once a year.

Carrying out transactions

Children can conduct transactions that meet their level of legal capacity. Transactions with real estate and other property of a minor are carried out on his behalf by his parents or guardians. The exception is small household purchases, receiving as a gift or free use of things (except for real estate).

Teenagers aged 14–18 carry out large transactions independently with the written permission of their parents or guardians. Failure to agree may result in cancellation of the transaction. This happened, for example, in the Nizhny Novgorod region. A teenager purchased an electric scooter by taking money from the family budget without asking. The court classified the purchase of several thousand rubles as a large non-domestic transaction and declared it invalid (case No. 2-421/2017 dated November 14, 2017, Chkalovsky District Court).

Legal representatives do not have the right to carry out the following transactions for the alienation of real estate independently, but only with the approval of the guardianship and trusteeship authorities:

sale;
menu;
donation;
pledge, lease, free use;
division into shares, etc.

At the same time, the OOiP issues an order in which it not only states its consent to the transaction, but also its terms. The guardianship authority is unlikely to issue a document if as a result the child will lose property or the new living space will be worse in terms of amenities or square footage.

The parent may challenge the refusal; in this case, the court will take into account not only the opinions of the parties, but also the final benefit of the child. A different approach to the issue was demonstrated, for example, by the Oktyabrsky District Court of Ulan-Ude in case No. 2A-5377/2017 dated 22/28/107 and the Royal City Court of the Moscow Region in case No. 2-3299/2017 dated November 29, 2017.

In the first case, the arbitrator agreed with the refusal of the OiP, since the minors were supposed to be accommodated in a mortgaged (collateralized) apartment. In this case, the parents' right of common ownership of the living space arose, and the registration of children as owners was postponed indefinitely. In the second, the court ordered the Guardianship Department to issue a permit: the new property was larger in square footage and cadastral price, and it did not matter that the mother was exchanging a comfortable apartment for a semi-rural house.

A transaction without the permission of the OOiP may be considered void and terminated. At the request of the parents, the court can legitimize it as meeting the interests and benefits of the child (case No. 33-11380/2014 of June 23, 2014, Moscow Regional Court). On the other hand, a transaction, even if carried out in accordance with all the rules, can be canceled if it is clearly to the detriment of a minor (Resolution of the Supreme Court of the Russian Federation No. 25 of June 23, 2015, paragraph 17).

Protection of children's property rights

To protect the property rights of a child, you must contact:

to the department of guardianship and trusteeship;
the prosecutor's office;
regional commissioner for the rights of minors.

The guardianship department is obliged not only to check complaints received from citizens, but also to independently identify cases of violation of children's rights. Its influence is greatest if the child is under guardianship or guardianship or without actual parental supervision. But in other cases, not a single transaction on the alienation of a minor’s real estate takes place without the approval of the POiP.

They also complain to the prosecutor's office about violations of children's rights. She will check, but is unlikely to do anything unless she sees the elements of a crime in the adult’s actions, for example, property fraud. Both the prosecutor and the POiP, upon a citizen’s complaint or on their own initiative, can go to court. A teenager over 14 years old has the right to file a claim.

The Commissioner for the Rights of Minors is an independent official. It helps to defend the rights of children if they have been violated by government departments, local authorities, etc. Ombudsmen operate in each region and are appointed by governors.

Supervisory authorities

Departments of guardianship and trusteeship are organizations of regional significance, their activities are regulated by Federal Law No. 48 of August 24, 2008 and local regulations. As a rule, they function as part of the administration of a district, city or other locality, and at the level of a constituent entity of the Russian Federation - the Ministry of Education.

The tasks of the OO&P include:

provide accommodation, maintenance, upbringing and accounting for orphans and children living without parental care, guardianship and guardianship;
manage the property of minors placed under state guardianship;
protect the rights of parents and children to property. This is expressed primarily in issuing permits for real estate transactions and checking complaints from citizens.

The guardianship department does not just issue permits, it controls every transaction. For example, if a parent did not provide a child with housing after selling the old one, the POiP is obliged to first issue a warning, then go to court on behalf of the minor. Representatives of guardianship departments are generally involved in every trial involving children.

Rights of minor children to parents' property

Children have no ownership rights to their parents' property. However, they can use it by mutual agreement, for example, living in an apartment.

The law provided for minors, as a vulnerable category of citizens, some “indulgences.” Children from birth can use the premises in which they live together with their parents, regardless of whether they own this property or are only registered in it. A court can deprive a child of this right (forcibly evict him).

Moreover, the court does not always place the right of the owner (parent or other person) to dispose of property above the use of it. One of the interesting similar cases took place in Kaliningrad.

The plaintiff tried to recognize the child (granddaughter, not the owner) as having lost the right to use the residential premises. The court refused: from birth the girl received the opportunity to stay and live in the apartment from her father - also not the owner, but registered in the disputed living space. Even having moved to a different address with her mother after the divorce, she did not lose this right (case No. 33-5081/2017 of October 17, 2017, Kaliningrad Regional Court, appeal).

Legislative regulation

Thus, the property and non-property rights of the child require special protection. In this matter, the state relies on parents or other legal representatives, but also intervenes when necessary.