• 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 ward’s property (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) Federal Law dated April 24, 2008 No. 49-FZ), income due to the 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).

  Prior permission from the guardianship and trusteeship authority (or motivated 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 a child’s money seems questionable (for example, a minor has a cash deposit in a credit institution, and his parents want to use it free of charge). cash(property) of the child to repay his 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, and 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 stocks, securities, vehicles, various real estate objects, 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 law. Russian Federation, and not at 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

  If you find a typo or error, highlight this place with the mouse and click Ctrl+Enter.

Ekaterina Kozhevnikova

Reading time: 2 minutes

The legislation gives every child the right to receive a standard of living necessary for his normal spiritual, mental, physical, social and moral development. Ensuring this level entails certain financial expenses. Conditions for living and upbringing are created mainly by parents, who are financially responsible for the maintenance of their son or daughter. Let us consider in detail what, according to current legislation, the property rights of a child are.

What are property rights

The property rights of children are regulated for the most part by the Civil Code. But at the same time, the rules of family law regulate relations related to property that arise between spouses and their offspring. For example, children cannot lay claim to the property of their mothers and fathers during their lifetime, just as parents, in turn, cannot claim property owned by their children. But, living together, they can use each other's property if there is mutual consent.

Regulatory framework

The Constitution of Russia forms the basis that guarantees the implementation of the property rights of a child in the family. In addition to it, they are regulated by the following norms of legal acts:

• Articles 26, 28, 37, 60,80, 93,94 of the Civil Code of the Russian Federation;
• Article 59 of the RF IC;
• Articles 2 and 7 of the Law “On Privatization” housing stock in the Russian Federation."

What property rights does a minor have?

In the family he has the following capabilities:

Getting an education

The provisions of Article 43 of the Russian Constitution establish general accessibility free education in various institutions and its obligatory nature. The Law of the Russian Federation “On Education” determines that education is free regardless of gender, race, nationality, language, age and health status. In addition, Article 63 of the RF IC places responsibility for the upbringing and education of children on their parents, and clause 1 of Article 9 of the RF Law “On Basic Guarantees of Rights in the Russian Federation” prohibits infringement on the opportunity to receive preschool, school and educational education.

Receiving maintenance from close relatives.

Paragraph 4 of Article 60 of the RF IC establishes that the property rights of a child do not include powers that extend to property belonging to the parents, and those, in turn, do not have rights to the property of their offspring.

But personal items purchased when the personal needs of children arise are not subject to division in the event of parental divorce. Despite the fact that they were purchased with their funds, only the child has the right of ownership to them. The same applies to deposits opened in banks by spouses for their children at the expense of common funds.

In general, the maintenance of a child is the responsibility of both parents, which involves providing him with food, clothing, treatment, upbringing, and education. It happens that one of them evades compliance with legal requirements. Although such an obligation can be terminated only when the son or daughter reaches the age of majority or full legal capacity earlier.

By the way, financial situation a child cannot influence the amount of alimony payments and the level of income of an adult should not be taken into account when determining it.

Disposal of income received by a child, as well as property purchased with his money

The provisions of Articles 28 and 29 of the Civil Code of the Russian Federation determine the child’s right to dispose of things acquired with his funds.

Young children aged 6 to 14 years can only perform the following actions:

• Small household purchases that satisfy the daily needs of him and his family members, this could be the purchase of school supplies, food, etc.;
• Receiving a gift free of charge, for example, toys, clothes, etc.;
• Disposing of the money given by their moms and dads and other people at their own discretion, children can use it for their own purposes.

Other operations on behalf of minor citizens are carried out by their parents and their other representatives.

If the rights of minors are not respected, administrative or criminal liability is established.

Conducting transactions under the control of guardianship authorities

There are certain types of transactions with property, the commission of which is impossible without the consent of the guardianship authorities. These include:

• Sale of real estate in which a minor acts as a co-owner;
• Change of living conditions;
• Donation of a real estate property belonging to a child;
• Pledge of property that is the property of a minor;
• The emergence of rental legal relations, the subject of which is the property of a minor;
• Exchange of children's property;
• Refusal of inheritance and allocation of a share from an object owned by a minor;
• Sale of real estate that is the property of a disabled child or orphan;
• Other operations aimed at reducing the amount of property of a minor.

1. According to Art. 27 of the Convention on the Rights of the Child, every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development, which requires corresponding material costs.

The creation of living conditions necessary for the development of a child is ensured mainly by parents, who bear the main financial responsibility for his decent maintenance. It is the parents and other persons raising the child who bear the primary responsibility for ensuring, within the limits of their abilities and financial resources, the living conditions necessary for the normal development of the child.

The article under comment is new for domestic family legislation, since there was no similar provision in the previously effective Code of Family Law of the RSFSR.

In paragraph 1 of the commented article we're talking about about such a child’s property right as the right to receive maintenance from his parents and other family members, i.e. grandfathers, grandmothers, adult able-bodied brothers and sisters. Giving a child such a right means that the child’s vital needs (food, clothing, housing, etc.) must be satisfied, first of all, in the parental family or the family replacing it * (209).

The amount and procedure for providing maintenance to the child by parents and other family members are determined by Section. V RF IC "Alimony obligations of family members" (see commentary to Articles 80-84, 93-94 RF IC).

2. The law provides that a minor child acquires ownership rights to various sums of money due to a child. First of all, this means content from parents, the procedure and form of provision of which are determined by parents independently. If parents do not provide maintenance to their minor children, then funds for their maintenance - alimony - are recovered from the parents in judicial procedure.

In addition, amounts of money for minors may come as pensions or benefits. So, for example, a minor may be assigned a disability pension (Articles 5, 8 of the Federal Law on Labor Pensions in the Russian Federation), a labor pension in case of loss of a breadwinner (Clause 3, Article 8, Clause 4, Article 10, Art. 13 of the Federal Law of December 15, 2001 N 166-FZ “On State Pensions in the Russian Federation” * (210) (as amended and additionally), Article 9 of the Federal Law “On Labor Pensions in the Russian Federation” "), social pension in case of loss of a breadwinner (Clause 1, Article 11 of the Federal Law "On State Pension Provision in the Russian Federation").

In cases provided for by law, a child may receive a monthly allowance, the amount, procedure for assignment and payment of which are established by law and other regulatory legal acts of the constituent entity of the Russian Federation (Article 16 of the Federal Law on State Benefits for Citizens with Children).

In accordance with paragraph 2 of the commented article, these amounts are at the disposal of parents or persons officially replacing them (adoptive parents, guardians, trustees), and must be spent by them exclusively on the maintenance, upbringing and education of the child.

If it is necessary in the interests of the child (children), the court may decide to transfer no more than fifty percent of the amounts of alimony payable to the account (accounts) opened in the name of the minor child (children) in the bank (banks) directly at the request of the parent, obligated to pay alimony. This provision is undoubtedly provided by the legislator in order to respect the property rights of the child in order to exclude possible abuses by unscrupulous parents. If such a demand is made by a parent from whom child support is collected on the basis of a court order or court decision, then the court resolves the case according to the rules for changing the method and procedure for executing the court decision in accordance with Art. 203 Code of Civil Procedure of the Russian Federation (clause 15 of the resolution of the Plenum Supreme Court RF dated October 25, 1996 No. 9).

To protect the property rights of the child, the norm of paragraph 1 of Art. 37 of the Civil Code of the Russian Federation, according to which the income of the ward, including the amount of alimony, pensions, benefits and other social payments provided for his maintenance, as well as income due to the ward from the management of his property, with the exception of income that the ward has the right to dispose of independently, are spent by the guardian or trustee exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship authority.

If in the specified Art. 37 of the Civil Code of the Russian Federation are set out general rules disposal of the ward’s property, then the procedure for managing the ward’s property is determined by Art. 19 of the Federal Law "On Guardianship and Trusteeship".

3. In paragraph 3 of the commented article, the legislator provides that for all income received (earnings, royalties, interest on a bank deposit, etc.), property received as a gift or by inheritance, as well as for any other property acquired with the child’s funds , the child acquires ownership rights.

It should be borne in mind that a minor may have the right of ownership of any property; the only exceptions are certain types of property, which, in accordance with the law, cannot belong to citizens (Article 213 of the Civil Code of the Russian Federation). As a general rule, the quantity and value of property are not limited, except in cases where such restrictions are established by law for the purposes provided for in paragraph 2 of Art. 1 Civil Code of the Russian Federation.

There may be cases when a minor becomes the owner of property for other reasons (for example, as a result of the privatization of residential premises).

Speaking about the child’s right to dispose of property that belongs to him by right of ownership, paragraph 3 of the commented article refers to civil legislation, to Art. 26 and 28 of the Civil Code of the Russian Federation, which determines the scope of civil capacity of minor children. At the same time, the Civil Code of the Russian Federation divides minors into two age groups- minors (minors under 14 years of age) and minors aged 14 to 18 years.

Minors under the age of 14 years (minors) have the right to independently carry out only certain types of transactions named in Art. 28 of the Civil Code of the Russian Federation, namely:

1) small household transactions (transactions that are insignificant in amount and aimed at satisfying the ordinary household needs of a minor or members of his family: purchasing food, toys, books, school supplies and so on);

2) transactions aimed at receiving benefits free of charge, which do not require notarization or state registration (for example, receiving a gift, the acceptance of which does not require appropriate registration);

3) transactions involving the disposal of funds provided by a legal representative or with the consent of last third person for a specific purpose or for free disposal. Thus, third parties can provide funds to a child only with the consent of his legal representatives - parents, adoptive parents, guardians.

If a minor child makes a transaction in excess of the powers granted to him by law, such a transaction, in accordance with the law, is recognized as void and the corresponding rules on the invalidity of the transaction are applied to it. However, in the interests of the minor, the court, at the request of the legal representatives of the minor, may recognize a transaction made by the minor as valid if it was made for the obvious benefit of the minor (Article 172 of the Civil Code of the Russian Federation).

Since young children have only partial legal capacity, all other transactions (except for those mentioned above) on their behalf can only be carried out by their legal representatives - parents, adoptive parents or guardians. When making transactions on behalf of minors, legal representatives are required to comply with the restrictions established by law. So, for example, in accordance with Art. 575 of the Civil Code of the Russian Federation, donations by legal representatives on behalf of minors are not allowed, with the exception of ordinary gifts, the cost of which does not exceed 3,000 rubles.

Property liability for all transactions of a minor (including transactions made by him independently) is borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. Legal representatives, in accordance with the law, are also responsible for harm caused to minors (clause 3 of article 28, article 1073 of the Civil Code of the Russian Federation; see commentary to article 45 of the RF IC).

Minors aged 14 to 18 years, compared to minors, are endowed by law with a greater amount of legal capacity. So, in accordance with Art. 26 of the Civil Code of the Russian Federation, minors of the specified age category have the right to independently commit the following types transactions:

1) manage your earnings, scholarships and other income;

3) in accordance with the law, make deposits in credit institutions and manage them;

4) make small household transactions and other transactions provided for in paragraph.

2 tbsp. 28 of the Civil Code of the Russian Federation for minors;

5) in accordance with the laws on cooperatives, be members of cooperatives upon reaching the age of 16.

All other transactions are carried out by minors aged 14 to 18 years only with the written consent of their legal representatives - parents, adoptive parents or guardian. A transaction made by such a minor is recognized as valid even with its subsequent written approval by the legal representatives of the minor (Clause 1 of Article 26 of the Civil Code of the Russian Federation).

If the transaction is made by a minor in violation of the above requirements, i.e. without written consent or subsequent written approval of the transaction by the legal representative, then such a transaction may be declared invalid by the court at the claim of the parents, adoptive parents or trustee. The only exceptions are transactions of minors who have become fully capable (Article 175 of the Civil Code of the Russian Federation).

It should be taken into account that, if there are sufficient grounds, the court, at the request of the parents or other legal representatives of the minor, may limit or completely deprive the child of the right to independently manage his earnings, scholarships and other income. However, this is not permitted if the minor acquired full legal capacity as a result of marriage or emancipation.

Minors aged 14 to 18 years are recognized by law as fully capable of tort, which means they independently bear property liability for transactions made by them in accordance with the requirements of Art. 26 Civil Code of the Russian Federation. Such minors are also independently responsible for the harm they cause to other persons (Clause 3, Article 26, Article 1074 of the Civil Code of the Russian Federation; see commentary to Article 45 of the RF IC).

When exercising powers to manage the child’s property, parents and other legal representatives of the minor must adhere to the rules established regarding the disposal of the property of their wards, Art. 37 Civil Code of the Russian Federation. In this case, we can say that the legislator, in order to protect the property rights of the child, equates parents, adoptive parents with guardians and trustees, referring to the article on the disposal of the ward’s property.

In accordance with Art. 37 of the Civil Code of the Russian Federation, a guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including exchange or donation, of the ward’s property, leasing it (lease), for free use or as a pledge , other transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other transactions entailing a decrease in the property of the ward. So, for example, only with the prior consent of the guardianship and trusteeship authority is it possible to alienate a residential premises in which the family members of the owner of this residential premises who are under guardianship or trusteeship or minor members of the owner’s family who are left without parental care live (which is known to the guardianship and trusteeship authority) , if this affects the rights or legally protected interests of these persons (clause 4 of Article 292 of the Civil Code of the Russian Federation).

In order to protect the property rights of minors and prevent possible abuses by the legal representatives of children, the legislator provides in paragraph 3 of Art. 37 of the Civil Code of the Russian Federation states that a guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of the transfer of property to the ward as a gift or for free use. This limitation also applies to parents and adoptive parents.

In relation to orphans and children left without parental care, the Federal Law "On additional guarantees for social support of orphans and children left without parental care" (Article 8) provides additional guarantees when managing and disposing of the property of such children. In addition, the guarantees provided for by this law also apply to persons aged 18 to 23 years, whose both parents or only parent died before reaching adulthood, or who were left without parental care during this period. Certain guarantees of the rights of such minors are also provided for by the Housing Code of the Russian Federation (clause 2 of Article 57) * (211).

4. In paragraph 4 of the commented article, the legislator established the principle of separation of property of parents and children. This means that a child does not have ownership rights to his parents' property, nor do parents have ownership rights to their child's property. As rightly noted by A.M. Nechaev, “a motto of this kind, of course, remains a declaration in normal, conflict-free relations between parents and their minor children. As for conflicts on this matter, when resolving them, one has to use the rules of the Civil Code and the Investigative Committee” * (212). In addition, the property of minor children cannot be the subject of a marriage contract.

The legislator has provided a similar rule in relation to the property rights of wards. So, in accordance with Art. 17 of the Federal Law “On Guardianship and Trusteeship”, wards do not have the right of ownership to the property of guardians or trustees, and guardians or trustees do not have the right of ownership to the property of wards, including the amount of alimony, pensions, benefits and other social payments provided for the maintenance of wards .

The Code gives the child such property rights as the right to own and use the property of the parents when living together with them. That is, children and parents who live together can, by mutual agreement, own and use each other’s property. As for minors over whom guardianship or trusteeship has been established, then according to paragraph 3 of Art. 17 of the Federal Law “On Guardianship and Trusteeship”, wards have the right to use the property of their guardians or trustees with their consent, while guardians and trustees do not have the right to use the property of wards in their own interests, with the exception of cases provided for in Art. 16 of the above law.

Mention should also be made of the special rule provided for in paragraph 5 of Art. 38 of the RF IC (see commentary to it), according to which, when dividing the common property of spouses, things acquired exclusively to meet the needs of minor children are not subject to division and are transferred to the spouse with whom the children live - clothes, shoes, school and sports accessories, musical instruments, children's library, etc.

In addition, contributions made by spouses at the expense of their common property in the name of their common minor children belong to the children and are not taken into account when dividing the common property of the spouses.

5. Paragraph 5 of the commented article provides for special rules for the ownership, use and disposal of common property in the event of the emergence of the right of common property of parents and children and refers to the norms of civil legislation.

The right of common ownership of parents and children may arise upon inheritance of property, as a result of privatization of the residential premises in which they live together, and in some other cases. In this case, the common property of parents and children can be both shared (for example, when inheriting without allocating hereditary shares, when receiving a common gift), and joint (as a result of participation in the privatization of residential premises, which is carried out in accordance with the Law of the Russian Federation "On the Privatization of Housing fund in the Russian Federation").

If the property is in common ownership of parents and children, then the possession, use and disposal of such property is subject to the rules of the Civil Code of the Russian Federation (Articles 244-255), taking into account the provisions of the commented article.

When dividing an inheritance in order to protect legitimate interests minor heirs The requirements established by Art. must be met. 1167 Civil Code of the Russian Federation. Firstly, if there are minors among the heirs, the division of the inheritance must be carried out with mandatory compliance with the rules of Art. 37 of the Civil Code of the Russian Federation on the disposal of the property of the ward; secondly, the guardianship and trusteeship authority must be notified about the drawing up of an agreement on the division of the inheritance and about the consideration of the case on the division of the inheritance in court.

The property rights of the child as such previously did not have their own legal basis. Now they take their place in Art. 60 SK. This circumstance once again demonstrates the attitude towards the child as an independent subject of the rights that belong to him.

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 Civil Code.

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).

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.

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 law

Speaking about the rights of a child of a property nature, the Civil Code does not emphasize that he is an independent subject only to the property rights that belong to him. This is done by the Family Code, which provides for the right of his ownership to the income he receives; property received by him as a gift or by inheritance (clause 3 of article 60 of the IC). This emphasizes not only the personal independence of the child, but also property independence in the sphere of family legal relations.

Another unique basis for the emergence of property rights of a child in a family is clause 5 of Art. 38 of the IC, dedicated to the division of property of spouses. It says here that things acquired 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.

Clause 3 of Art. 60 of the Family Code also provides for the child’s right of ownership to any other property acquired with his funds. This novella is derived not only from what is provided for in Art. 173 of the Labor Code of the Russian Federation permits to hire persons from 15 years of age, and in exceptional cases from the age of 14. The Family Code especially emphasizes the independence of the property rights of a minor. True, his parents or their substitutes manage his funds in accordance with the requirements of Art. Art. 26, 28 Civil Code. The situation is similar with the management of the property of a minor carried out by his parents (Article 37 of the Civil Code). This does not change the essence of the matter. According to family law, a child remains the owner of not only personal, but also property rights. At the same time, rights of a material nature also do not exist in isolation. Their disposal, the degree of participation of a child, especially a teenager, in family expenses, acquisition of property common to all family members largely depends on family pedagogy and education.

The reference in the Family Code to the right of property, the owner of which can be a minor, undoubtedly enriches the content of Art. 60 IC, dedicated to the property rights of the child. But it is still difficult to connect them directly with the right to proper upbringing. So we can come to the formula: the richer the families and parents, the better the right of the minor to proper upbringing is ensured, while between the degree material security and the conditions of family upbringing there is no direct correlation. It is no coincidence that paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 27, 1998 “On the application of legislation by courts in resolving disputes related to the upbringing of children” emphasizes that in itself “an advantage in the financial and living situation of one of the parents is not an unconditional basis for satisfying the demands of this parent."

A special place Among the provisions of the Family Code devoted to the property rights of a child, there are 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” rather than “can” would be more appropriate, because the emphasis on the supremacy of private property principles does not always give a positive effect from the point of view of development, the formation of the child as an individual.

“Property rights of minor children” is also a collective concept consisting of several components, each of which the Investigative Committee pays special attention to. And in the first place here is the right of every child to receive maintenance from his parents or persons replacing them in cases provided for by law (Article 60 of the Family Code). Granting such a right means that the child’s vital needs (food, clothing, housing, etc.) must be satisfied, primarily in the parental family or the family replacing it.

There are different sources child support in the family:

Necessary to maintain normal conditions the life of a minor is part of the earnings (income) of parents, adoptive parents;

The alimony due to him, if the parents (one of them) do not care about his financial support;

Pensions, various kinds benefits due to a minor by law, namely: survivor's pensions and social pensions for children under the age of 18 who have lost one or both parents; on monthly benefits– for all children; children from large families under the age of 16 – to receive free medications according to doctor’s prescriptions, free meals (breakfasts and lunches for students of general education institutions).

This list is not exhaustive, since the sources of child support are extremely diverse and may have characteristics in a particular situation. However, according to paragraph 2 of Art. 60 SK, all amounts intended for children are managed by parents.

In addition, the child has the right of ownership to:

Property received as a gift. This is one of the traditional and most common ways for a minor to acquire property not only from relatives, but also from any other individuals and even legal entities;

Property received by him by inheritance in the manner established by Art. 1118, 1142, 1149 of the Civil Code of the Russian Federation. It does not matter whether the inheritance took place by law or by will;

Income received by him. This can be not only interest from a bank deposit or amounts received as a result of renting out housing owned by a minor. This includes profits from creative, entrepreneurial activity, which is becoming a new element of the lifestyle of modern children;

Property acquired with his own funds. If previously it was believed that such funds could not exist in principle, now that children work for money or receive proceeds from resale, etc., it is accepted that there are real prerequisites for increasing the amount of property of a minor in this way.

In paragraph 3 of Art. 60 of the Family Code does not provide an exhaustive list of the child’s property rights, which is practically impossible to do. But in any case, such rights must arise on a legal basis.

By giving an approximate list of the property rights of a child, the IC involuntarily goes beyond the scope of family relations, since we are talking about the property rights of the child in general. It is no coincidence that the child’s right to dispose of property owned by him is provided for in Art. 26, 28 of the Civil Code, dedicated to the legal capacity of minors.

Minors children are divided into two age groups: up to 14 and from 14 to 18 years.

On behalf of children under 14 years of age, transactions are made only by their parents, adoptive parents or guardians. Minors under the age of 6 are considered completely incompetent. Children aged 6 to 14 years are given the right to independently make transactions:

· small household;

· aimed at obtaining benefits free of charge, provided that this does not require notarization or state registration;

· disposing of funds received from parents.

Children from 14 to 16 years of age are endowed with greater legal capacity. In addition to the above rights, they can, at their own discretion, dispose of their own student scholarship, wages, implement copyright rights(for example, obtain a patent). Teenagers are responsible for their actions independently. But if to complete any transaction rights If it is still not enough, the law provides for obtaining parental consent. It must be in simple written form.

In paragraph 2 of Art. 26 of the Civil Code provides a list of transactions that a teenager aged 14 to 18 years has the right to make independently, without the consent of parents, adoptive parents and a trustee, adoptive parent:

Manage your earnings and stipend;

Make deposits in credit institutions and manage them;

The conclusion of other transactions by them requires the prior written consent of their legal representatives or subsequent approval of these transactions, expressed in writing.

At the same time, minors aged 14 to 18 years independently bear property liability for completed transactions, and are also responsible for the harm they cause in accordance with Article 1074 of the Civil Code. But the court, according to paragraph 4 of Article 26 of the Civil Code, if there are sufficient grounds, at the request of parents, adoptive parents or a trustee, an adoptive parent or a guardianship and trusteeship authority, may limit or deprive a child of this age of the right to independently dispose of his earnings or other income. This is not allowed if the minor entered into early marriage or his emancipation was declared.

Thus, minors aged 14 to 18 years are quite independent in managing their property rights. Parents or their substitutes only represent the interests of such children in civil law relations.

As for minor holders of property rights, i.e. minors who have reached the age of 6 years, according to Art. 28 Civil Code, has the right to commit:

Small household transactions (their membership is determined in each specific case, since these transactions do not have clear boundaries);

Transactions aimed at obtaining benefits free of charge and not requiring notarization or state registration. This means that minors who are 6 years old have the right to use the provided property free of charge, accept gifts, etc.;

Transactions involving the disposal of funds provided by legal representatives or with the consent of the latter by a third party for a specific purpose for free disposal. This is the requirement formulated in paragraph 2 of Art. 28 of the Civil Code, means that young children can receive so-called pocket money and spend it on small expenses (toys, writing instruments, books, etc.). but if it is not their parents (adoptive parents, guardians, adoptive parents, relatives), and strangers, their consent to obtain the child’s legal representative is required.

Thus, almost all transactions for minors are carried out by their parents, adoptive parents, and guardians, acting on behalf of the child. As for children under the age of 6 years, the Civil Code of the Russian Federation does not grant them legal capacity at all, and therefore their property rights are completely controlled by their parents or persons replacing them, except in cases where the rights of the child’s legal representatives are limited by law.

Consequently, the disposal of their property rights by minors is regulated by the Civil Code in sufficient detail. But recourse to the law becomes necessary only in conflict situations when the relationship between the older and younger generations is disrupted. As for property liability for transactions of a minor, it is assigned to the parents in accordance with paragraph 3 of Art. 28 Civil Code.

The Civil Code is not limited to indicating how the property rights of a child are disposed of. Equating parents, who are obliged to protect the property rights of their child, to guardians (trustees), the Civil Code in Art. 37 regulates in detail issues related to the disposal of the income of a minor, the alienation of property belonging to him through exchange, donation, etc. In any case, parents themselves do not have the right to enter into transactions with their minor children, with the exception of donation or gratuitous use.

Summarizing what has been said about the property rights of minor children, it must be said that clause 4 of Art. 60 of the IC identifies the following provision as an independent one: “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.”

A motto of this kind, of course, remains a declaration in normal, conflict-free relations between parents and their minor children. As for conflicts on this matter, when resolving them you have to use the rules of the Civil Code and the Investigative Committee. Among the rules provided for in the Insurance Code, there are also those that are intended for special occasions. So, in accordance with paragraph 5 of Art. 38 of the Family Code, when dividing the common property of spouses, things acquired exclusively to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library, etc.) are not subject to division and are transferred without compensation to the spouse with whom they live children. 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' property. Children's property cannot be the subject of a marriage contract. In addition, the court has the right to deviate from the beginning of equality of shares of spouses in their property based on the interests of minor children. Since family relationships property nature are closely intertwined with those relations that are regulated by the Civil Code; a situation is not excluded when parents and children become owners of common property (shared or joint), for example, when receiving a gift intended for both adult and minor family members, inheritance without allocation of inherited shares, when purchasing things using these funds, etc. Then the ownership, use and disposal of this property are carried out in accordance with Art. 244 – 255 Civil Code. Property owned by several persons belongs to them under the right of common ownership.

The State, in accordance with national conditions and within its capabilities, must take the necessary measures to assist parents and other persons raising children in the exercise of this right and, if necessary, provide material assistance and support programs, especially with regard to the provision of food, clothing and housing.

Contributions made by spouses at the expense of common property in the name of their minor children, by virtue of clause 5 of Art. 38 of the RF IC are considered to belong to the latter, and these amounts should not be taken into account during the divorce process.

Special attention paid to the rights of children during privatization transactions. Minors given the opportunity to participate in it twice. The first time - by becoming the owner together with the parents, and the second time - after reaching adulthood.

Family law cheat sheet Roman Andreevich Shchepansky

39. Property rights of minor children

Property rights of the child

1. A child has the right to receive maintenance from his parents and other family members in the manner and amount established by Section V “Alimony obligations of family members” of the RF IC. The amounts due to the child as alimony, pensions, benefits are placed 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.

2. 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. A child may have the right of ownership of any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens. Children aged six to fourteen years have the right to:

– carry out small household transactions;

– transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration (accepting a toy, computer, clothing, etc. as a gift);

– transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

All other transactions are carried out on their behalf only by their parents, adoptive parents or guardians. Property liability for all transactions of a minor (including transactions made by him independently) is borne by his parents (adoptive parents or guardians), unless they prove that the obligation was violated through no fault of theirs. These persons are also responsible for harm caused by minors. Minors aged fourteen to eighteen years have the right to independently:

– carry out small household transactions and other transactions permitted for minors;

– manage your earnings, scholarships and other income; exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;

– make deposits in credit institutions and manage them;

– be members of cooperatives (upon reaching sixteen years of age).

All other transactions are carried out by them only with the written consent of their legal representatives - parents (adoptive parents) or trustees.

They independently bear property liability for transactions made by them and are responsible for the damage they cause. When parents exercise powers to manage the child’s property, they are subject to the rules established by civil law regarding the disposal of the ward’s property.

3. 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. 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 law.

From the book Code of the Russian Federation on administrative offenses author Laws of the Russian Federation

Article 5. 36. Violation of the procedure or deadlines for providing information about minors who need to be transferred to foster care in a family or in an institution for orphans or for children left without parental care 1. Violation by the head of the institution in which

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From the book Handbook of Evidence in Civil Proceedings author Reshetnikova I. V.

3.4.1. Cases regarding the collection of alimony for minor children According to paragraph 2 of Art. 80 of the RF IC, if a parent fails to fulfill the obligation of a parent to support his minor child, funds for his maintenance are recovered in court. If he does not fulfill his duty

From the book Family Law author Karpunina E. V.

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From the book Family Code of the Russian Federation. Text with changes and additions as of October 1, 2009. author Author unknown

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From the book Family Law Cheat Sheet author Shchepansky Roman Andreevich

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From the book The Bar Exam by the author

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47. Income from which alimony for minor children is withheld List of types wages and other income from which alimony is withheld for minor children, approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841.

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