Features and limits of delinquency of minors in relations of a diversified type

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Abstract

In the article, the author examines the features of one of the elements of the legal personality of minors, their delictability, and determines its specificity in relations of a diverse type (civil, family, procedural, labor, criminal) with their participation. The author identifies the sectoral features of his delictability, due to the essential influence of his individual criteria, physical and social maturity, belonging to a special subject of responsibility and the content of industry norms defining the basis and conditions of his responsibility. The author proves that at the present stage of development of the legislation of the Russian Federation, the norms defining the responsibility of minors require regularity and systemic changes, in particular the theoretical and practical need for the allocation of so-called special torts. The article argues the conclusion about the need to take into account in tort obligations the responsibility not only of minors and their legal representatives in cases of their lack of proper performance of rights and obligations towards a minor, but also to take into account current trends in the development of legislation that allow considering the issue of reciprocal responsibility of legal representatives to minors.

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About the authors

Natalia V. Letova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: letovanv@mail.ru

Doctor of Law, Chief Researcher of the Sector of Procedural Law

Russian Federation, Moscow

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