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PARENTS AND CHILDREN

 

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The aim of the project “national encyclopedia” – to make background information available to multiple users.

Definition

Regulation of relations between the R. and D. according to the Soviet law is characterized by the full protection of parental rights in conjunction with the state rhenoy of iaterial children, equal rights of father and mother, the beginning of mutual aid, imposing certain responsibilities on parents and children.

The Soviet government strongly supports and protects the attachment of parents to children and children’s attachment to parents. The state allocates to strengthen the family enormous material resources, builds and develops a system of any kind orphanages, helping the family to have and raise children. Historic decisions of the XIX party Congress defined the further expansion of the network of such institutions. Installation on the creation of strong Soviet family & parenting received its expression in the number of principal directions of Soviet legislation. So, education of children, the law is regarded as a civil responsibilities (post. The CEC and SNK on June 27, 1936 – NW 1936, No. 34, article 309). The birth and upbringing of children is the basis for the award of honor in the Soviet Union honours – the order “Maternal glory” and the medal “Medal of motherhood” – and assign the honorary title “Mother-heroine” (Decree of the Presidium of the Supreme Soviet of the USSR of June 8, 1944 – “Gazette of the Supreme Soviet of the USSR” 1944 No. 37).

Imposing on parents the obligation to take care of the minor children, their education and preparation for socially useful activity, the law guarantees parents the right to keep their children with them. All the codes of the Union republics ensure that the right of parents with legal action against anyone who illegally hold children. The state provides parents with ample opportunity to use all kinds of state and public children’s educational institutions, nurseries, playgrounds, kindergartens, etc.

Parents recognised for their minor children guardians (against children under 14 years) or the Trustees (in the case of children from 14 to 18 years) without any special purpose. As such, they are entitled to represent and protect the personal and property interests of the children, to perform all transactions that could make a ward himself, if he had capacity. They have the right to enroll children in education and training, they are entitled, with the consent of the children, to sign agreements for the admission of children to work at an age when applying for a job already permitted by law. Parents have the right to demand the termination of an employment contract, if this contract is violated children’s rights.

Parental authority is exercised in the interests of children. The unlawful implementation of the court may deprive parents of their rights. If the actions of parents will be established abuse of parental rights, they may be deprived of these rights for up to 5 years in criminal punishment. In case of neglect by parents of their duties or improper performance of its rights in relation to children, the court may make the decision about removal of children from parents and the children in the care of the guardianship and guardianship. Bodies of guardianship and guardianship is granted the right to continue until the case the court will decide, order the immediate removal of the child if the abandonment of a child is dangerous to him. When termination of parental rights parents are allowed visits from children, except when such visits may be harmful to children. Termination of parental rights does not release parents from responsibility for the upkeep of children.

The parents are required to send their children to school. For this refusal they shall be liable to an administrative penalty. For mischief and street hooliganism of children to parents may be imposed by the police to a fine of up to 200 rubles. Parents are responsible for damage caused by children under the age of 14 years. For damage caused by minors at the age of 14, parents are responsible, along with the children.

One of the major mutual responsibilities and R. D. is the duty of delivering content. Soviet legislation this issue attaches great importance to and regulates it with the utmost care (see child support).

Children enter the circle of persons who inherit after their parents both by law and by will. Parents in his will can not deprive minors of their legal share in the inheritance. Parents inherit after children. Disabled parents may not be deprived of their children to inherit under a will (see Inheritance).

With the change of citizenship (see) parents, as a result of which both become citizens of the USSR or both renounce the citizenship of the USSR, varies according to the nationality of their children under 14 years of age. The change of citizenship of children at the age from 14 till 18 years can be followed only with their consent. In other cases, the change of citizenship of children under the age of 18, may be followed only in a General manner.

The principle of the equality of men and women of all Soviet law, receives the expression and in all matters pertaining to the relations R. and D.

No belittling educational, custodial rights of the mother, no pre-emptive rights of the father of the Soviet legislation is unknown. All activities concerning children in all codes of the Union republics are shared by both parents. When parents disagree, the disputed matter shall be settled by bodies of guardianship and guardianship with the participation of the parents. In that case, when parents do not live together, they must agree depends by whom must the children; in the absence of agreement the matter shall be settled by the court, and no legal presumptions in favor of the father or mother in the solution of this question does not exist. All depends on the particular circumstances of the case, the interests of the children, their parents ‘ behaviour, material, and moral conditions of life of the father or the mother, and the inclination and the wishes of the child, etc.

For R. and D., the law recognizes the right to an equal share of the total residential floor area occupied by the family housing contract of employment. The presence of parents or children is the basis for obtaining a number of benefits (according to the law, eg. about agricultural tax, compulsory deliveries of agricultural products, military duty, etc.). The presence and number of children determined eligible for pensions and benefits and their size, this defines a payment of a tax imposed on bachelors, singles and small families of citizens and the size of state benefits for large and single mother.

The above rights and responsibilities and R. D. describe the relationship between a lonely (not married) mother and her child. In this case, all such rights and obligations in respect of children are carried out solely by the mother. When registering the birth of a child born to a mother who is not married, the child is recorded by the name of the mother of awarding him the middle name as indicated by the mother. Children born before the decree of July 8, 1944, from parents who are not married to each other in a registered marriage, have in the case of the death of father (recorded in the books of the Registrar) the right to inherit and the right to security pension and defined benefit for military families state benefits along with children born within registered marriage. In the case of the entry of the mother in a registered marriage with a person whom she previously gave birth to a child and who acknowledges paternity of the child, the child is equal in all respects to the children born within registered marriage. It is given a patronymic name of the father, and with mutual consent of the parents, the surname of the father. Single mother entitled to receive state benefits for the maintenance and upbringing of children or the placement of the child in an institution for the maintenance and upbringing is entirely at public expense. Cm. Alimony, Allowances for large families and single mothers, last Name.