What does the Russian law on the legal status of the legal representative of a minor say? What legal sources consolidate the provisions on the representatives of this or that child? All these and many other issues are fundamental in the field of family and civil law. This article will provide a detailed overview of the legal status of legal representatives of minors.
Who can be called the legal representative?
In life, one often has to deal with violations of the law. At times, not only adults, but also minors, that is, citizens under the age of 18, break the permissible line. Such persons may not have the full range of rights, as they are incompetent. The legitimate interests of children in court may be represented by their loved ones. According to article 52 of the Civil Procedure Code of the Russian Federation, parents, adoptive parents, guardians or trustees can act as the legal representative of the child.
When it comes to litigation, the legal representative is the defendant for his child. Moreover, the law, in particular, article 64 of the Family Code of the Russian Federation, states that there is no obligation on adult citizens to represent the interests of their child - but only in some cases. Most often, this situation occurs when there are contradictions between parents and children when making deals. Naturally, this rule will not work in cases where the child becomes the subject of legal proceedings. Here the parent has the obligation to represent his child.
Why do I need a legal representative of a minor?
With a legally incompetent person, the state cannot demand the performance of civil duties. A citizen who has not reached the age of eighteen is simply not able to fully exercise his rights. That is why responsibility for the child rests on the shoulders of his parents.
A similar practice has been implemented in all civilized states of the world. So, if a child commits an offense, the responsibility will fall not on himself, but on his legal representatives. A minor may simply not be able to withstand the burden that the state would have placed on him.
Participation of the legal representative of a minor in a lawsuit
Parents, guardians or trustees can act as legal representatives of the child in two main cases: during the trial and in the conclusion of property transactions. First, consider the first case.
Often are situations where minors are involved in criminal proceedings. Not necessarily as defendants: far more often as suspects or even witnesses. In this case, parents are required to stand trial. What rights will they have?
On the rights of the legal representative of a minor
The parent, guardian or guardian of the child must actively participate in the criminal process. He must attend interrogations with the child, monitor the exercise of the rights of a minor, attend all court hearings and hearings. The rights and obligations of the legal representative will include:
- understanding of what he is accused of;
- comprehensive protection of the rights of the child;
- familiarization with the materials of the criminal case ;
- timely filing of applications and challenges;
- receipt of notices and other similar forms of documentation, familiarization with them;
- hiring, if necessary, a lawyer, and close cooperation with him.
The legal representative of the minor accused will also be required to sign all necessary documents.
It is worth noting that the trial, in which the parent or guardian of a minor child is the accused or witness, is itself rather complicated and unusual. That is why it is worth highlighting a number of special rights of the legal representative of a minor citizen.
Special Rights Category
About how many different nuances and peculiarities actually exist in criminal proceedings, only a direct participant in the process can have an idea. If a parent, guardian, or guardian finds out that his child becomes a party to the trial, a lawyer should be hired immediately. It is he who will help complete the process as successfully as possible.
If the child needs to be interviewed, the police notify their legal representative. Illegal cases are when a minor is interviewed and his parent does not suspect anything. The police simply violate the law. Intimidation is intimidation of a child, mockery of him or his representative.
The child's representative must also file a petition to protect the child, if the latter is a witness. Of course, no one can prevent this. Otherwise, the citizen must immediately contact the prosecutor.
Representative Responsibility
All of today's criminal system is structured so that the child receives the least harm from the ongoing process. Moreover, in all investigations carried out, the law should stand on the side of the accused if he is a minor.
This is manifested in the duty of legal representatives of a minor suspect or accused to exercise their rights. If the parent, guardian or trustee decides not to delve into the paperwork, then this will be considered neglect of his duty. Such inaction causes significant harm to the child. Careless parents will be suspended and fined one and a half thousand rubles. A new representative will be appointed for the child - this time from the state.
Types of legal representatives
Often crimes and offenses are carried out by children left without parents. Such persons are under the care of the state. As a rule, in the event a criminal case is opened, the employee of the structural unit of the executive branch becomes their legal representative.
The full list of persons who may act as the legal representative of a minor suspect or accused is recorded in the Federal Law and the Code of Criminal Procedure of the Russian Federation. This list does not include, for example, the teacher or director of the educational institution where the minor is being educated, his brothers or sister, aunt or uncle, if they are not trustees or adoptive parents.
Transactions
The Civil Code of the Russian Federation divides minors into two main categories: minors, that is, under the age of 14, and people aged 14 to 18. The second category has a little more authority in the field of transactions. This includes independent conclusion of contracts, signing of documents and much more. Transactions by minors are only possible with the participation of their legal representatives. Representation must be confirmed by presenting a passport, a birth certificate, a certificate of adoption or guardianship. An adult is obliged to sign documents for his child, conclude on his own behalf agreements and transactions directly related to the life of minors. As a rule, this is the registration of a child in kindergarten, admission to school, etc.