On the issue of civil liability of minors
Автор: Afanasievskaya A.V.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Гражданское право, предпринимательское право, семейное право, международное частное право
Статья в выпуске: 3 т.19, 2022 года.
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With the development of the state and society, changes in legal relations inevitably occur. The ongoing changes also apply to various categories of the population. Minors, often with unlimited access to the Internet using information technology, are at particular risk. This applies to negative information posted on the network, which often destroys moral principles and causes significant damage to education, even with the proper performance of their duties by parents. The situation is aggravated by the fact that the number of offenses and crimes committed by minors is increasing, which often occurs under the influence of a group or propaganda of Internet users. Both criminal and administrative legislation establish a certain age from which persons can be held liable for one or another type of responsibility. Civil law also limits the age at which a person can be fully liable. Responsibility for children under this age is borne by parents, since it is they who are entrusted with the duty of education. The Author examines the types of civil liability of minors. Law enforcement practice in civil cases involving minors is analyzed. An examination is given of such a new phenomenon as bullying, which has recently been actively covered in legal literature. This is primarily due to the fact that minors, due to mental immaturity, sometimes do not realize their behavior in a team, as a result, causing aggressive persecution of other minors. As a result, people who have been bullied inflict moral and sometimes physical suffering. Since there are no clear instructions in the civil legislation regarding the distribution of responsibility between the child's parents, the Author provides scientific views, as well as the interpretation of the legal relations in question in judicial practice. In conclusion, the results of the study are summarized, conclusions are drawn about the need to bring the norms of civil and family legislation into line and consolidate a unified procedure for recovering damages in case of causing it to minors
Minors, civil liability, parents, upbringing, types of responsibility, bullying
Короткий адрес: https://sciup.org/143179257
IDR: 143179257 | DOI: 10.19073/2658-7602-2022-19-3-245-252