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

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

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.

Full Text

Restricted Access

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

References

  1. Andriukhin N. G. Problematic aspects of the implementation of criminal policy in relation to minors // Criminal Law. 2017. No. 4. P. 9 (in Russ.).
  2. Artemenko N. V., Shimbareva N. G. Child victims of family violence: responsibility for “parental” crimes // Russ. Justice. 2020. No. 12. Pp. 47–51 (in Russ.).
  3. Belyakova A. M. Civil liability for causing harm. M., 1986. P. 98 (in Russ.).
  4. Bespalov Yu. F. Some problems of the implementation, protection and protection of the rights of the child in the Russian Federation // The rights of the child in the Russian Federation: legislation, law enforcement, Russian science: materials of the International Scientific and Practical Conference / res. ed. Yu. F. Bespalov. M., 2018 (in Russ.).
  5. Bogdanova E. E. Problems tort liability of parents for harm caused to a child born as a result of the use of assisted reproductive technologies (ART): the experience of Russia and the USA // Civil Law. 2020. No. 3. Pp. 39–43 (in Russ.).
  6. Erokhina E. V., Filippova E. O. Problems of child abuse // Russ. Justice. 2021. No. 3. Pp. 23–25 (in Russ.).
  7. Ershova N. M. Family issues in Civil Law. M., 1977. Pp. 150, 151 (in Russ.).
  8. Zabramnaya E. Yu. Actual issues of legal regulation of labor of minor workers // Labor Law in Russia and abroad. 2018. No. 1. Pp. 40–43 (in Russ.).
  9. Illarionova T. I. Correlation of subjective and objective grounds of civil liability // Illarionova T. I. Selected works. Yekaterinburg, 2005. P. 29 (in Russ.).
  10. Illarionova T. I. Structural features of some tort obligations. Yekaterinburg, 2005. P. 17 (in Russ.).
  11. Ilyina O. Yu., Tumanova L. V. Material grounds and procedural conditions for ensuring the interests of a child when considering cases by courts on establishing his origin // He-rald of the Tver State University. Ser.: Law. 2017. No. 1. P. 68 (in Russ.).
  12. Kornev I. V. Compensation for harm caused by minors in foreign and Russian law: dis. … PhD in Law. M., 2006. P. 14 (in Russ.).
  13. Kornev I. V. The historical development of Russian legislation on compensation for harm caused by minors // Journal of Russ. law. 2006. No. 1 (in Russ.).
  14. Letova N. V. New areas of practice aimed at realizing the rights of the child in case of deprivation, restriction of parental rights or in case of immediate withdrawal of the child // The rights of the child in the Russian Federation: legislation, law enforcement, Russian science: materials of the International Scientific and Practical Conference / res. ed. Yu. F. Bespalov. M., 2018. P. 112 (in Russ.).
  15. Ruzanova V. D., Ruzanova E. V. Civil legal and family legal mechanisms for the protection of property rights of children // The Rule of Law. 2018. No. 3. Pp. 69–77 (in Russ.).
  16. Ruzanova V. D., Ruzanova E. V. Causing harm to the health of their children by parents (persons replacing them) as an independent tort // Laws of Russia: experience, analysis, practice. 2022. No. 4. Pp. 36–39 (in Russ.).
  17. Tarasova A. E. Legal personality of citizens. Features of the legal personality of minors, their manifestations in civil relations. M., 2008. Pp. 274, 275 (in Russ.).
  18. Karpin I. A. Choosing Disability: Preimplantation Genetic Diagnosis and Negative Enhancement // Journal of Law and Medicine. 2007. Vol. 15. No. 1. Pp. 89–103.
  19. Merle Spriggs. Lesbian Couple Create a Child Who Is Deaf Like Them // 28 J. MED. ETHICS. 2002. No. 283.
  20. Savulescu J. Deaf Lesbians, “Designer Disability” and the Future of Medicine (2002) 325 BMJ 771.
  21. Smolensky K. R. Parental Tort Liability for Direct Preimplantation Genetic Interventions: Technological Harms, the Social Model of Disability, and Questions of Identity // Arizona Legal Studies Discussion Paper No. 08–27. Nov. 2008. P. 2.

Supplementary files

Supplementary Files
Action
1. JATS XML
Download
2. Fig.

Download (283KB)
Indexing metadata

Copyright (c) 2024 Russian Academy of Sciences