The legal representative of a minor and his rights

What does the Russian law on the legal status of a legal representative of a minor have to say? What legal sources fix the provisions on the representatives of a 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 a legal representative?

In life, often have to deal with violations of the law. Sometimes not only adults, but also minors, that is citizens who have not reached the age of 18, violate the permitted line. Such persons can not possess the whole set of rights, since they are incompetent. Legitimate interests of children in court can be represented by their relatives. According to Article 52 of the Civil Procedure Code of the Russian Federation, parents, adoptive parents, guardians or trustees may act as the legal representative of the child.

If it is a question of litigation, then the legal representative is the defendant for his child. At the same time, the law, in particular Article 64 of the Family Code of the Russian Federation, states that adults do not have the obligation to represent their child's interests - but only in some cases. Most often this situation develops when there are contradictions between parents and children at the conclusion of transactions. Naturally, this rule will not work in cases when the child becomes the subject of the trial. Here the parent has a duty to represent his child.

Why do you need a legal representative of a minor?

With an incompetent person, the state can not claim civic duties. A citizen who has not reached the age of eighteen is simply not able to fully exercise his rights. That is why the responsibility for the child lies on the shoulders of his parents.

This practice is implemented in all civilized countries of the world. So, if a child commits any offense, the responsibility will lie not on himself, but on his legal representatives. A minor person simply can not withstand the burden that the state would impose on him.

Participation of a legal representative of a minor in a judicial process

Parents, guardians or custodians may act as legal representatives of the child in two main cases: during the trial and at the conclusion of property transactions. First, we should consider the first case.

It is not uncommon for juvenile persons to be involved in criminal proceedings. Not necessarily as defendants: much more often as suspects or even witnesses. In this case, the parents must appear before the court. What rights will they have?

On the Rights of the Legal Representative of a Minor Person

The parent, guardian or guardian of the child must actively participate in the criminal process. He must attend interrogations with the child, monitor the execution of the rights of the minor, attend all court hearings and hearings. The rights and duties of the legal representative will include:

• Understanding of what he is accused of;
• Full protection of the rights of the child;
• Familiarization with the materials of the criminal case ;
• Timely submission of motions and challenges;
• Receipt of notices and other similar forms of documentation, familiarization with them;
• Hire, if necessary, a lawyer, and close cooperation with him.

The duty of the legal representative of the minor accused person will also include the signing of all necessary documents.

It should be noted that the trial, in which the accused or witness is the parent or guardian of a minor child, is in itself quite complex and unusual. That is why it is worth highlighting a number of special rights of a legal representative of a minor citizen.

Special rights category

About how much in fact in the criminal record-keeping of various nuances and features, only an immediate participant in the process can have an idea. If a parent, guardian or guardian finds out that his or her child becomes a party to the trial, you should immediately hire an attorney. It will help to complete the process as successfully as possible.

If the child needs to be interviewed, the police notify his legal representative. Illegal cases are when a minor is questioned, and his parent does not suspect anything about it. The police simply violate the norms established by law. It is unacceptable to intimidate a child, bullying him or his representative.

The child's representative must also file a petition for the protection of the child, if the latter is a witness. To prevent this, of course, no one can. Otherwise, the citizen must immediately apply to the prosecutor's office.

Representatives responsibility

The whole of today's criminal system is built in such a way that the child receives the least harm from the ongoing process. Moreover, with all investigations underway, the law must stand on the side of the accused if he is a minor. It is manifested in the duty of the legal representatives of a minor suspect or accused to exercise their rights. If, however, the parent, guardian or curator decides not to delve deeply into the proceedings, then this will be considered a neglect of one's duty. Such inactivity causes considerable harm to the child. Disobedient parents will be dismissed and fined fifteen thousand rubles. A new representative will be appointed to the child - this time from the state.

Types of legal representatives

Often, crimes and offenses are committed by children left without parents. Such persons are in the custody of the state. As a rule, in case of institution of a criminal case, their legal representative becomes an employee of the structural unit of the executive power.

A complete list of persons who can act as a 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, a teacher or director of an educational institution where a minor, his brother or sister, his aunt or uncle is educated, if they are not trustees or adoptive parents.

Transaction execution

The Civil Code of the Russian Federation divides minors into two main categories: juveniles, that is, under the age of 14, and persons between the ages of 14 and 18. The second category has slightly more powers in the field of concluding transactions. This includes the independent conclusion of contracts, the signature of documents and much more. The execution of transactions by young people is possible only with the participation of their legal representatives. Representation must be confirmed by presenting a passport, a child's birth certificate, a certificate of adoption or guardianship. The adult must sign documents for his child, conclude contracts and deals directly on the life of minors on his behalf. As a rule, this is the registration of a child in a kindergarten, admission to school, etc.