Rights of Ownership of Minors from the Position of the Russian Law

Author Name(s): Zamira A. Akhmetyanova,Timofey G. Makarov, Olga N. Nizamieva
Author Email: zamira9@yandex.ru

Abstract

The paper outlines some theoretical and methodological issues of researching the rights of ownership of minors: legislative regulation of the norms of civil and family law of Russia, the practice of their application; the unsolved problem of guaranteeing the rights of ownership of minors and their implementation. In particular, in relation to the child’s right to receive support, the following problems are considered: the definition of the subject in whose favor a child support is to be collected; determination of the parties to the agreement on payment of alimony; impossibility of realization of a guarantee of interests of a child at the conclusion of an alimony agreement with participation of brothers, sisters, grandmothers and grandfathers, etc.Concerning the right of ownership and other proprietary rights of a child, an assessment is given of their support and implementation characteristics, which is due to the legal nature of the child’s rights of ownership; some problems are identified when they are implemented in practice. The authors have come to the conclusion that the solution of the problems mentioned here concerns both the sphere of lawmaking and the sphere of law enforcement. Particular proposals were made to introduce changes and additions to the family, civil, and other sectoral legislation, as well as to improve law enforcement practices.

Introduction

The Convention on the Rights of the Child [1] in its Art. 27 provides that participating States recognize the right of every child to a standard of living necessary for the child’s physical, mental, spiritual, moral and social development. In fact, we are talking about the welfare of the child, about ensuring his best interests [2, p.36].

The creation of the necessary living conditions for the development of a child is provided mainly by the parents, as well as by other persons raising the child, who are responsible within their abilities and financial possibilities. Russia’s participation in the Convention predetermined the consolidation in the national legislation of the complex of rights of minors, including in the property sphere. A number of measures were taken to raise the living standards of children, to create a comfortable and friendly environment for them, to ensure the legal protection of minors. In the modern world, minors are involved in many property relations. Given the subjective features of rights holders, a system of legal instruments has been created that provide certain guarantees for the exercise by children of their rights. Nevertheless, in some cases, the realization of rights of ownership encounters some difficulties; there are situations when the rights of ownership of minors are violated.This was caused by various circumstances: lack of legal regulation, lack of a unified approach to the realization of the rights of a child, non-application of certain provisions of the law in the field of children’s rights, including those born with the help of assisted reproduction [3, p.841-844]. Since the most significant rights of ownership of the child are the right to receive support and right of ownership, in this work attention is focused on the problems of implementation of these rights.

Conclusion

The right to receive support and the right to ownership are the most important proprietary rights of a minor, which need not only proper legislative regulation, but also proper provision of their implementation in practice.

Acknowledgement

The work is performed according to the Russian Government Program of Competitive Growth of Kazan Federal University.

References

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