Family law and responsibilities of children

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Abstract

The purpose of writing this article was the absence in family law of a section on the responsibilities of minors in family legal relations, despite the fact that the main principles of family law proclaimed in Article 1 of the Family Code of the Russian Federation, namely: building relationships in the family on “mutual assistance and responsibility to the family of all its members” do not indicate children as subjects deprived of any responsibilities to other family members. Currently, in family law, the rights and interests of minor children have absolute priority; it is believed that family responsibilities can arise only after children reach adulthood. Meanwhile, in other areas of law, the legislator takes a different position, assigning minors certain responsibilities that are feasible for their age and consciousness and provides for adequate responsibility. The article presents legislative norms on the responsibilities of children, considers the opinions of scientists on the duties and responsibilities of children, and proposes a classification of the responsibilities of minors. Based on the articles of specialists, a conclusion was made about the possibility of fixing the responsibilities of children and other family members in the family constitution or some other family document that is not provided for by current legislation or is not of a legal nature. It is proposed to consolidate the responsibilities of children in the Family Code of the Russian Federation. It is emphasized that the issue of children’s responsibilities is complex and debatable.

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About the authors

Irina A. Nesmeianova

Financial University under the Government of the Russian Federation

Author for correspondence.
Email: IANesmeyanova@fa.ru
ORCID iD: 0000-0002-0128-2535
SPIN-code: 1624-2254

Cand. Sci. (Law), Associate Professor; associate professor, Department of Legal Regulation of Economic Operations, Law Faculty

Russian Federation, Moscow

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