Participation of the lawyer in protection of the civil and family rights of minors: borders and opportunities

The child, owing to features (physical and intellectual immaturity) peculiar to it cannot realize and protect fully independently the rights and legitimate interests. In view of these features, rules of international law guarantee priority protection of the rights of the child. According to the 8th principle of the Declaration of the rights of the child, under any circumstances the child has to be among those who the first receive protection and the help. According to the current legislation, the main role in realization and protection of the rights of minors belongs to their parents who "are lawful representatives of the children and speak out in defense of their rights and interests in the relations with any natural and legal entities, including in courts, without special powers". Besides parents, lawful representatives of minors are adoptive parents, trustees, trustees, adoptive parents and also the organizations for orphan children and children without parental support of various departmental accessory, tutorship and guardianship authorities to the solution of a question of the device of the child, without parental support, in family or the relevant institution. Leaving a question of a mnogoaspektnost of the concept "lawful representative of the minor" for further discussion, we will note that in a broad sense protection of the rights and the interests of children protected by the law by lawful representatives, includes the measures directed: 1) on realization or rendering assistance in realization (implementation) of the rights of the child; 2) on prevention of violation of the rights and the interests of the child protected by the law by the third parties; 3) on protection of already violated right or the interest of the child protected by the law. Lawful representatives not always properly carry out the duties assigned to them. It can be expressed as in inaction of lawful representatives who evade from realization or protection of the rights belonging to the child, do not use a judicial form of protection for restoration of the violated rights of the child. For example, do not make the actions attracting emergence, change, the termination of laws of succession of the child. And in the inadequate realization of the rights of the child caused by the subjective and objective reasons. Among the first, it should be noted actions of lawful representatives in own interests, contrary to the interests of the minor. Among the second, the legal illiteracy interfering appropriate realization and protection of its rights and legitimate interests. Judicial practice, the reflecting considerable number of appeals to the court in protection of the rights and legitimate interests of minor prosecutors, tutorship and guardianship authorities, the Commissioner for Human Rights in the Russian Federation and also minors, on reaching them age of 18 years testifies to the frequency of violations of the rights of the minors caused by inadequate, untimely or insufficient protection.

Keywords

Authors

References