Article 65 of the family code of the Russian Federation. The theory of everything
Official text:
Article 65. Exercise of parental rights
1. Parental rights cannot be exercised in contradiction with the interests of children. Safeguarding the interests of children should be the primary concern of their parents.
When exercising parental rights, parents are not entitled to harm the physical and mental health children, their moral development. Methods for raising children must be free from derogatory, cruel, rude, degrading treatment, abuse or exploitation of children.
Parents exercising parental rights to the detriment of the rights and interests of children, are responsible for established by law okay.
2. All issues related to the upbringing and education of children are decided by the parents by their mutual consent, based on the interests of the children and taking into account the views of the children. Parents (one of them), if there are disagreements between them, have the right to apply for the resolution of these disagreements to the guardianship and guardianship authority or to the court.
3. Place of residence of children at separation parents are established by agreement of the parents.
In the absence of an agreement, the dispute between the parents shall be resolved by the court proceeding from the interests of the children and taking into account the opinion of the children. At the same time, the court takes into account the child's attachment to each of the parents, brothers and sisters, the child's age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child for upbringing and development (occupation, work schedule of parents , material and marital status parents and more).
At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, and taking into account the requirements of the second paragraph of this paragraph, the court with the obligatory participation of the guardianship and guardianship authority has the right to determine the place of residence of the children for the period before the entry into force judgment on the determination of their place of residence.
4. When exercising parental rights, parents (persons replacing them) have the right to assist them in providing the family with medical, psychological, pedagogical, legal, and social assistance.
The conditions and procedure for rendering assistance in the provision of this assistance are determined by the legislation of the Russian Federation on social services.
Legal commentary:
With regard to parents, the Convention on the Rights of the Child states: " Best interests children are the subject of their primary concern "(Article 18, paragraph 1). this concept in a different context. However, it is not customary in our law (with rare exceptions) to define certain terms. But in theoretical terms, the interests of children are understood as the proper conditions for their upbringing. This refers to the formation in the child of positive human qualities (hard work, honesty, respectful attitude to the elderly and disabled, unacceptability of harsh treatment of humans and even animals, etc.). Of course, a person and a citizen can have their own, only inherent interests, but when he has children - their main upbringing. Moreover, one that coincides with the interests of the child. The Family Code considers a contradiction in this respect unacceptable, fraught with the application of measures of family legal responsibility (Article 69 of the Family Code).
When clarifying the term "interests of children" in paragraph 2 of paragraph 1 of Article 65, a list of actions of parents that are considered illegal is given. This includes causing physical and mental harm to the health of children, their moral development. Paragraph 3 of paragraph 1 of Article 65 once again emphasizes that parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law. This may be the responsibility provided for in Article 156 of the Criminal Code for failure to fulfill the duties of raising a minor, expressed in failure to fulfill or improper performance responsibilities for the upbringing of a minor by a parent or other person entrusted with these responsibilities. If, when the court is considering a dispute about the upbringing of children, in the actions of the parents, signs of a crime infringing on the life, health, and sexual integrity of minors are established, the court must notify the prosecutor of this (paragraph 2 of clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05/27/1998 No. 10) ...
Responsibility for non-compliance by parents or other legal representatives juvenile responsibilities on the maintenance and upbringing of minors is also provided for by Article 5.35 of the Administrative Code. And finally, there is also family legal responsibility in the form of deprivation of parental rights. The limitation of parental rights by the court establishes only indirect responsibility for the actions and deeds of the parent that violate the interests of the child. Responsibility for non-payment of alimony cannot be considered as the responsibility of the parent, since adverse consequences such non-payment, if caused disrespectful reasons are provided for in the section of the Family Code on alimony obligations. Without interfering with the family upbringing of their children by the parents, the Family Code gives a number of recommendations designed to defuse a conflict situation in the family, which undoubtedly affects the interests of the child.
When a dispute about a child is related to divorce, it provides for the equality of rights of spouses in the family, which states that the issues of motherhood, fatherhood, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses. This is another confirmation of the equality of spouses in the case. family education children. Elimination of the conflict between parents regarding the upbringing of children is carried out at the joint request of both parents. The absence of one of them makes it impossible to remove the existing disagreements. It is necessary to apply for a resolution of such a conflict when it is not possible to achieve peace within the family on its own. It is then that the pedagogical advice coming from the guardianship and guardianship authorities will help parents reach a consensus that is in the best interests of the child. But these tips, which take the form of recommendations, are not binding.
Another important circumstance that meets the requirements of paragraph 1 of Article 13 of the Convention on the Rights of the Child, Article 57 of the Family Code is that all issues related to the upbringing and education of children are considered not only by parents, but also by the guardianship and guardianship authorities, taking into account the opinion of the children. It is taken into account in the advice-recommendations given by these bodies. If the parents' disagreements go beyond the family, the Family Code offers them the following alternative: to apply either to the guardianship and guardianship authorities, or to the court. However, until the conflicts between the parents have developed into a dispute about the right, it is better to contact the guardianship and guardianship authorities. And if there is a dispute about the right related to the upbringing of children, one should apply to the court, whose competence includes its resolution. Quite detailed explanations regarding the application by the courts family law when resolving disputes related to the upbringing of children, contains the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05/27/1998 No. 10.
It explains issues related to removing obstacles to communication with a child, determining the child's place of residence when his parents live separately, deprivation of parental rights, etc. Separation of parents is not uncommon, as evidenced by state divorce statistics. In some cases, a divorced parent who has left the family does not at all claim to meet with his child. Sometimes the ex-spouses reach a peace agreement, in writing or orally, regarding meetings with the child. However, often the parent - the direct educator - tries to stop all communication between the child and the parent who lives at a different address. A dispute arises to be resolved in judicial procedure... Such disputes do not apply to the jurisdiction of justices of the peace and are considered district court... When disputing parents live in the same house, one apartment, when both parents communicate with the child constantly, the resolution of the dispute between them in court loses all meaning.
An exception may be cases when one of the parents documents that he lives at a new address (bought a house, apartment, draws up its receipt, etc.). Moreover, it does not matter whether the parents divorced the marriage or not yet (paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05/27/1998 No. 10). Even when the dispute is ripe, there is the possibility of concluding an agreement, preferably in writing, indicating with which of the divorcing parents the child will live. The presence of such an agreement allows the child in the least painful way to resolve the disagreements that have arisen and to keep both parents for him. The Family Code, given the complexity of cases in this category, provides a list of circumstances that are taken into account by the court resolving the dispute.
It includes:
A child's affection for each parent. At the same time, it is important to determine the reasons for such attachment. If it is based on anti-pedagogical overtones ( expensive gifts- up to the machine, permissiveness, falsely understood independence, etc.), it only testifies to the negative pedagogical qualities of a parent who strives to achieve what he wants at any cost. And if one party in the dispute uses all available opportunities to "bribe" the child, and the other builds its relationship with him on reasonable exactingness, on an understanding of responsibility for his fate, then the palm belongs to the latter. Therefore, the court, not focusing on the difficulties of the execution of the court decision, must indicate with which of the parents the minor should live;
A child's affection for brothers, sisters. This refers to both minors and brothers and sisters who have reached the age of majority, especially those who make up the same family. Breaking contact between them is usually an obvious trauma to the child;
The age of the child largely determines the outcome of the dispute. The Plenum of the Supreme Court of the Russian Federation in its Resolution of 05/27/1998 No. 10 emphasized that when considering the issue of the place of residence of a minor in the event of separation of his parents, the dispute is resolved with the obligatory consideration of the opinion of a child who has reached the age of 10 years (provided that this does not contradict his interests). The physiological connection of young children with their mother persists for a long time, this explains why most often young children remain with their mother, if she, of course, conscientiously performs her maternal functions. It is this decision that will be in the interests of the child, but it does not mean non-recognition of the equality of parental rights and responsibilities. Older children, adolescents, to a greater extent, have the right to vote, because they are able to assess their feelings, explain them. But here, too, their separation is undesirable;
The moral and other personal qualities of the parents are related to the circumstances that predetermine the true interests of the minor. It is these qualities that influence the formation of the child's still plastic personality, determine his moral, spiritual health;
The relationship that exists between each parent and the child, since they predetermine the microclimate in which his personality grows and is formed. But Special attention should be drawn to the attitude towards children, when the "struggle" for them has already begun. It is also important how the parents (one of them) took care of their children in the past;
The ability to create conditions for the child for upbringing and development. Deciphering this concept, the Family Code suggests paying attention to the type of activity of each of the parents, their mode of work, financial and marital status.
This list is not exhaustive, and therefore can be expanded due to other circumstances.
So, in the case of resolving a dispute about the upbringing of young children, it can be taken into account that one of the parents is practically not at home due to long business trips while the other is able to pay attention to the child constantly. But in relation to adolescents, this situation can be interpreted in different ways. Financial situation is determined by the level of income, and the family is determined by the presence or absence of a stepfather (stepmother) in the family who does not experience good feelings to the children of your spouse, relatives who are cold towards the child, etc. The given rather detailed list of circumstances capable of influencing a court decision does not focus on the income level of one of the disputing parties. On the contrary, this fact is mentioned at the end of this List. It is no coincidence that, therefore, in clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05/27/1998, it is noted that the advantage in the material and living conditions of one of the parents is not an unconditional basis for satisfying the requirements of this parent.
As an example of a correct assessment of the current circumstances, the case at the suit of K. can serve. Young people got married in their student years. As a consequence difficult childbirth K. fell ill and five years later was recognized as a disabled person of the second group. On the initiative of her husband, they divorced the marriage. Soon after the divorce former spouse married again. His entrepreneurial activity was successful. Insisting that his daughter stay with his family, he explained that the five-year-old girl would be cared for by his parents who live in the same city. And the defendant, according to him, is constantly ill and cannot work for health reasons. He lives on a small pension and alimony, which he pays for his daughter. When considering the case, the court found that all the years that have passed since birth, the child has lived with his mother, is very attached to her. Therefore, the court, taking into account all the circumstances of the case, including the true interests of the child, rejected the claim filed by the father.
All the circumstances listed in paragraph 3 of Article 65 of the Family Code that influence the fate of the dispute are taken into account by the court based on the interests of the child and taking into account the opinion of the child. This provision serves as a common denominator in resolving disputes related to the upbringing of children.
New edition of Art. 65 RF IC
1. Parental rights cannot be exercised in contradiction with the interests of children. Safeguarding the interests of children should be the primary concern of their parents.
When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development. Methods for raising children must be free from derogatory, cruel, rude, degrading treatment, abuse or exploitation of children.
Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.
2. All issues related to the upbringing and education of children are decided by the parents by their mutual consent, based on the interests of the children and taking into account the views of the children. Parents (one of them), if there are disagreements between them, have the right to apply for the resolution of these disagreements to the guardianship and guardianship authority or to the court.
3. The place of residence of children in case of separation of parents shall be established by agreement of the parents.
In the absence of an agreement, the dispute between the parents shall be resolved by the court proceeding from the interests of the children and taking into account the opinion of the children. At the same time, the court takes into account the child's attachment to each of the parents, brothers and sisters, the child's age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child's upbringing and development (occupation, work schedule of parents , financial and marital status of parents and others).
At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, and taking into account the requirements of paragraph two of this paragraph, the court with the obligatory participation of the guardianship and trusteeship body has the right to determine the place of residence of the children for the period before the entry into force of the court decision on determining their place residence.
4. When exercising parental rights, parents (persons replacing them) have the right to assist them in providing the family with medical, psychological, pedagogical, legal, and social assistance.
The conditions and procedure for rendering assistance in the provision of this assistance are determined by the legislation of the Russian Federation on social services.
Commentary on Article 65 of the RF IC
1. Under the exercise of law is understood the implementation of the possibilities of a certain behavior that make up this or that subjective right. It includes the ability to behave in a certain way, to demand from other subjects civil law appropriate behavior, and in necessary cases- seek protection from the appropriate government bodies... Refusal to exercise the right does not entail the termination of the right, except in cases provided for by law.
The exercise of the right can be carried out both by the entitled person himself and by his representative. It can consist of both performing a single action and a series of actions, as well as refraining from action.
The law enshrines the principle of the unhindered exercise of subjective rights. However, in exercising the right, the rights of other people must not be violated. This principle also applies to family rights.
The requirement of the inadmissibility of violating the rights of other citizens is due to the fact that the rights of various subjects in family relationships closely intertwined. Therefore, in exercising his rights, the subject must be aware that other persons (including other family members) may be holders of similar or similar rights, which are recognized and protected by law. There are similar norms in the Universal Declaration of Human Rights and the International Covenant of December 16, 1966 "On Civil and Political Rights".
As follows from paragraph 1 of the commented article, if parental rights are exercised in contradiction with the interests of the child, or the parents harm the health and moral development of children, this entails responsibility provided for by a number of branches of law. So, parents can be:
a) deprived of parental rights ();
b) administratively punished (Article 5.35 of the Administrative Code);
c) brought to criminal responsibility (Article 156 of the Criminal Code).
For the termination and limitation of parental rights, see the commentary to Articles 69 and 73.
2. In many cases, spouses may have different views on how the upbringing of children should be carried out. Disputes may arise when parents exercise their rights and obligations. of different nature about raising children. This is due to the fact that the exercise of parental rights is carried out directly by each of the parents, based on various social and economic factors (such as education, upbringing, material security, health status, belonging to a certain social class and etc.).
Clause 2 of the commented article contains a rule according to which the bodies that consider disputes arising between parents are the guardianship and guardianship authorities and the court. In this case, you can go directly to the court, bypassing the stage of consideration of the case by the guardianship and guardianship authority. However, it is obvious that the court, when considering the case, will involve the guardianship and trusteeship authority to participate in the case.
The commented point indicates the need to take into account the views of children. This rule is a concretization of the idea laid down in paragraph 1 of Art. 13 of the Convention on the Rights of the Child, which states: "A child has the right to freely express his opinion."
Guardianship and trusteeship authorities, having read conflict situation, can give his recommendations, which can be both verbal and written. However, these recommendations are not binding. As for the consideration of the case by the court, the jurisdiction of the court does not include the resolution of disputes of a purely pedagogical nature, since it is authorized to consider only questions about the place of residence of the child and the procedure for exercising parental rights by the parent living separately from the child.
3. As already noted, situations are possible when the child's parents live separately. This is possible both in the event of divorce and in cases where the child's parents are formally married, but do not live together.
In such cases, the parents must decide for themselves which parent the child will live with. However, if an agreement could not be reached, this issue is decided by the court. A dispute about the determination of the child's place of residence can be considered by the court before the parents divorce, during the divorce (in divorce proceedings) or after the termination of the marriage.
In some cases, after divorce, parents continue to live in the same dwelling due to the impossibility of finding another dwelling. In such cases, the court must refrain from considering the case on the merits.
Disputes about a child's place of residence can be considered repeatedly, since the conditions for raising a child can change depending on different circumstances (the state of health of the parent and child, the possibility of caring for him, the appearance of a stepfather (stepmother), etc.).
In this regard, clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10 "On the application of legislation by the courts in resolving disputes related to the upbringing of children" defines the criteria by which the court should be guided when resolving such disputes: a) the interests of the child; b) obligatory consideration of the opinion of a child who has reached the age of ten, provided that this does not contradict his interests (clause 3 of article 65, article 57 of the Family Code of the Russian Federation); c) the age of the child; d) the child's attachment to each of the parents, brothers and sisters, other family members; e) moral and other personal qualities of parents; f) the relationship that exists between each parent and child; g) the possibility of creating conditions for the child's upbringing and development (taking into account the type of activity and mode of work of the parents, their financial and marital status, bearing in mind that the advantage in the material and living conditions of one of the parents is not an unconditional basis for meeting the requirements this parent); h) other circumstances characterizing the situation that has developed in the place of residence of one of the parents. The court may also take into account other circumstances, for example, which of the parents shows great care and attention to the child, the absence or presence of bad habits and behavioral deviations, etc.
Obviously, it should be concluded that the place where the child is registered does not have legal significance at the time of consideration of the dispute, since the child can be registered at the place of residence of either parent.
In clause 3 of the commented article, a reference is made to the norms of civil procedural legislation. We are talking, in particular, about clause 6.1 of Art. 152 of the Code of Civil Procedure of the Russian Federation, according to which, when considering disputes about children at the request of the parents (one of the parents) in the preliminary court session a court with the obligatory participation of a guardianship and guardianship authority has the right to determine the place of residence of children and (or) the procedure for exercising parental rights for the period before the entry into force of the court decision. On these issues, a determination is made in the presence of a positive opinion of the guardianship and guardianship authority and with the obligatory consideration of the opinion of the children. If there are circumstances indicating that a change in the actual place of residence of children for the period before the entry into force of the relevant court decision is contrary to the interests of the children, the court determines the place of residence of the children for the period until the entry into force of the court decision on determining their place of residence is the actual place of residence of the children.
Particular attention should be paid to the last paragraph of clause 3 of the commented article, which was added by Federal Law No. 98-FZ of May 4, 2011. The essence of the innovations lies in the fact that even before the consideration of the case on the merits, the court with the obligatory participation of the guardianship and guardianship authority has the right to determine the place of residence of the children for the period before the entry into force of the court decision on the determination of their place of residence.
The presence of such an innovation is due to the fact that in recent times was tagged whole line cases when one of the parents (usually the child's father) created obstacles to the other parent in communicating with the child before a court decision was made on which of the parents the child would be with. In some cases, the child was simply hidden, while in others, the guard simply did not let the other parent into the house where the child was.
Another commentary on Art. 65 of the Family Code of the Russian Federation
When deciding on the place of residence of a minor when his parents live separately (regardless of whether they are married), it must be borne in mind that the place of residence of a child is determined based on his interests, as well as taking into account the opinion of the child who has reached the age ten years, provided that this does not contradict his interests (clause 3 of article 65, article 57 of the RF IC).
In this case, the court takes into account the age of the child, his attachment to each of the parents, brothers, sisters and other family members, the moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child for upbringing and development ( taking into account the type of activity and mode of work of the parents, their financial and family status, bearing in mind that the advantage in the material and household situation of one of the parents is not an unconditional basis for satisfying the requirements of this parent), as well as other circumstances characterizing the situation , which has developed in the place of residence of each of the parents.
- Up
New edition of Art. 63 RF IC
1. Parents have the right and responsibility to educate their children.
Parents are responsible for the upbringing and development of their children. They have a responsibility to take care of health, physical, mental, spiritual and moral development their children.
Parents have preemptive right to teach and educate their children in front of all other persons.
2. Parents are obliged to ensure that their children receive a general education.
Parents have a choice educational organization, the forms of receiving education by children and the forms of their education, taking into account the views of children before they receive basic general education.
Commentary on Article 63 of the RF IC
1. On the issue of the rights and responsibilities of parents in the upbringing and education of children, see also Articles 18 and 52 Federal law dated July 10, 1992 N 3266-1 "On education". According to paragraph 1 of Art. 18 of this Law, parents are the first teachers. They are obliged to lay the foundations of the physical, moral and intellectual development the personality of the child in early childhood.
Parents have priority over all other persons in the upbringing of the child. So, in accordance with paragraph 1 of Art. 68 UK (see commentary to it), parents have the right to demand the return of the child from any person who keeps him at home not on the basis of a law or a court decision.
Minor parents also have the right to Cohabitation with your child and participation in his upbringing. This is one of the most important rights and responsibilities of parents. The right to upbringing allows parents to purposefully and systematically influence the psychology of the child in order to instill in him the qualities that, from their point of view, are necessary. The right and duty of parents to raise their children are enshrined in the Constitution (Art. 38) and are specified in paragraph 1 of the commented article.
In order to realize the right to upbringing, constant communication with the child is necessary, allowing parents to directly influence his consciousness. Since mother and father have equal rights and responsibilities for the upbringing of their children, all issues and disagreements related to upbringing should be resolved by agreement of the parents. If such an agreement has not been reached, then the parents have the right to apply for the resolution of these disagreements to the guardianship and guardianship authority or to the court. However, if the parents live together, then such appeals are extremely rare. As a rule, parents ultimately find solutions to problems themselves, even if initially there were disagreements between them on issues related to raising children.
2. Paragraph 2 of the commented article refers to the obligation of parents to ensure that their children receive basic general education and create conditions for them to receive secondary (complete) general education.
This obligation is specified in the Education Act. In paragraph 1 of Art. 52 of the Law on Education says that the parents (legal representatives) of minor children, before the latter receive a general education, have the right to choose the form of obtaining education, educational institutions, to protect legal rights and the interests of the child, to take part in the management of an educational institution.
And according to clause 1 of Art. 10 of the Law on Education, taking into account the needs and capabilities of the individual, educational programs are mastered in following forms: in an educational institution - in the form of full-time, part-time (evening), part-time; in the form of family education, self-education, external studies. A combination is allowed different forms getting an education.
The UK does not specify what is meant by basic general education, and does not indicate its duration. The Law on Education gives only general, relative age limits for the beginning and duration of the development of certain educational programs and getting an education of a certain level. According to the Education Act, the steps are the usual age range for basic general education, beginning at 9-10 years old, graduating at 14-15 years old.
At present, the question of general secondary (complete) education is being raised. It is known that hundreds of thousands of children do not even receive basic general education. The reasons for this can be very diverse: from a banal unwillingness to study to economic difficulties in the family. In addition, the current legislation does not contain a mechanism for the enforcement of this obligation. So, in fact, this rule is declarative.
Another commentary on Art. 63 of the Family Code of the Russian Federation
1. The obligation of parents to educate and ensure the development of their children includes taking care of their health, physical, mental, spiritual and moral development, the receipt of basic general education by children.
2. The parents' right to choose an educational institution and the form of education for a child shall be terminated simultaneously with the termination of the obligation corresponding to this right to provide the child with basic general education. On the child's right to express his or her opinion on issues related to his education, see the commentary to Article 57 of the RF IC.
3. According to clause 1 of article 10 of the Law of the Russian Federation "On Education" (RF Air Force, 1992, No. 30, article 1797), taking into account the needs and capabilities of the individual, educational programs are mastered in the following forms: in an educational institution - in the form of full-time, full-time - correspondence (evening), correspondence; in the form of family education, self-education, external studies. A combination of various forms of education is allowed. In accordance with clauses 1, 3 of article 19 of the RF IC general education includes three stages corresponding to the levels of educational programs: primary general, basic general, secondary (complete) general education, while basic general education and state (final) certification are mandatory.
1. Parental rights cannot be exercised in contradiction with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development. Methods of raising children should exclude neglect, cruel, rude, degrading treatment, insult or exploitation of children. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.
2. All issues related to the upbringing and education of children are decided by the parents by their mutual consent, based on the interests of the children and taking into account the views of the children. Parents (one of them), if there are disagreements between them, have the right to apply for the resolution of these disagreements to the guardianship and guardianship authority or to the court.
3. The place of residence of children in case of separation of parents shall be established by agreement of the parents. In the absence of an agreement, the dispute between the parents shall be resolved by the court proceeding from the interests of the children and taking into account the opinion of the children. At the same time, the court takes into account the child's attachment to each of the parents, brothers and sisters, the child's age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child's upbringing and development (occupation, work schedule of parents , financial and marital status of parents and others). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, and taking into account the requirements of paragraph two of this paragraph, the court with the obligatory participation of the guardianship and trusteeship body has the right to determine the place of residence of the children for the period before the entry into force of the court decision on determining their place residence.
4. When exercising parental rights, parents (persons replacing them) have the right to assist them in providing the family with medical, psychological, pedagogical, legal, and social assistance. The conditions and procedure for rendering assistance in the provision of this assistance are determined by the legislation of the Russian Federation on social services.
Commentary on Article 65 of the RF IC
1. The commented article develops the norms of Art. 63 SK on the right and duty of parents to bring up their children and on responsibility for neglect in this matter.
If parental rights are exercised in contradiction with the interests of the child, or the parents harm the health and moral development of children, this entails responsibility provided for by a number of branches of law.
| Author's comment (valid for 2009) |
Expert commentary (valid for 2013) |
| So, parents can be: a) deprived of parental rights (see comments to Articles 69-71); b) administratively punished (for example, in accordance with Article 5.35 of the Administrative Code, they are fined); c) brought to criminal liability (Article 156 of the Criminal Code and the comments to it provide, in addition to fines, deprivation of the right to hold certain positions or engage in certain activities for up to three years; compulsory work for up to 180 hours; correctional labor for up to one year ; restriction of freedom for up to three years). |
The measures of such responsibility include: - deprivation of parental rights; - administrative liability in the form of a warning or an administrative fine in the amount of one hundred to five hundred rubles (Article 5.35 of the Administrative Code of the Russian Federation); - criminal liability in the form of a fine of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or compulsory labor for up to four hundred and forty hours, or correctional labor for up to two years, or forced labor for up to three years with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years or without, or imprisonment for up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to five years. |
2. All issues related to the upbringing and education of children, parents decide:
a) based on the interests of the child;
b) taking into account his opinion and in accordance with his age, the ability to formulate his views.
If one parent believes that the other is acting against the interests of the children (for example, applying harmful methods education; objects to children studying in those educational institutions, which are more consistent with their inclinations), he can apply for a resolution of the dispute not only to the guardianship and guardianship authority, but also to the court.
3. Disputes over which parent the child will live with after a divorce, departure (or when the unmarried parents are not going to live together) are subject only to the court. The court considers them (with the participation of the guardianship and guardianship authority) if:
a) there is no agreement between the father and the mother;
b) there is such an agreement, but it contradicts the interests of the child or one of the spouses.
Regardless of whether the parents are married, the child's place of residence is determined:
based on his interests;
with the obligatory consideration of his opinion, if he is already 10 years old and this opinion does not harm his own interests (see also the commentary to Art. 57).
In this case, the court takes into account the age of the child, his attachment to each of the parents, brothers, sisters, other family members, the moral and other personal qualities of the parents, the relationship between each of them and the child, the prospects for his upbringing and development, as well as the type of activity. and the mode of work of parents, their financial and marital status; however, the material and everyday advantage of one of the parents is not in itself an unconditional motive in order to satisfy his requirements. Other circumstances that characterize the situation that have developed in the places of residence of the mother and father may outweigh (paragraph 5 of Resolution No. 10).