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Author

Khametdinova G.F.

Title of article

ESTABLISHINGTHEADMINISTRATIVERESPONSIBILITYOFPARENTSFORIMPROPERUPBRINGING OF CHILDREN IN DOMESTIC LAW

Section

Section 3. Administrative delictology

Issue, year

2 (44) 2018

Abstract

The issue of establishing the institution of administrative responsibility of parents and persons replacing them for improper upbringing of minor children is analyzed in the article. The study
is based on the analysis of the sources of the domestic legal system that operated in the period from1917 to 1984 – the year of the adoption of the first code of Administrative offences of the RSFSR.
This codified act incorporated many years of experience in regulating social relations connected with the exercise of parental rights and responsibilities. The author substantiates the priority regulation of
family relations and the obligations and duties of parents arising on their basis by the state. These duties concern the upbringing and education of minor children. Three stages of establishing the institution of
parental responsibility were distinguished during the research. The author comes to the conclusion that “parental responsibility” was being formed in parallel with the formation of the branches of the Russian
legal system, beginning with fixing the rights of parents and persons replacing them for the upbringing of their minor children in the family law and ending with establishing the criminal, civil (material) and
administrative liability of parents as special subjects of legal relations. The provisions of family, civil and criminal legislation formed the basis of the analyzed type of legal liability.

Keywords

administrative responsibility; improper upbringing of children; minor; offence; specialsubject of legal relations; rights of minors.

References

1. DolgovaS.I. Administrativnayaotvetstvennost’ roditeleyilits, ikhzamenyayushchikh, zaneispolnenieobyazannosteyposoderzhaniyuivospitaniyunesovershennoletnikhvRossiyskoyFederatsii. Kand. Diss. [The administrative responsibility of parents and their substitutes for non-fulfillment of obligations for the maintenance
and upbringing of minors in the Russian Federation. Cand. Diss.]. Moscow, 2014. 188 p.

2. Nizhnik N.S., Burdanova N.A. Lichnye neimushchestvennye roditel’skie prava i obyazannosti: napravleniya
evolyutsii instituta v rossiyskoy pravovoy sisteme v IX-XX vekakh [Personal non-property parental rights and
responsibilities: the direction of the evolution of the institution in the Russian legal system in the 9th-20th centuries].
Vestnik Sankt-Peterburgskogo universiteta MVD Rossii – Bulletin of the St. Petersburg University of the Ministry of
Internal Affairs of Russia, 2014, no. 2, pp. 28-35.

3. Vasil’eva Zh.S. Profilaktika pravonarusheniy nesovershennoletnikh v pervye gody sovetskoy vlasti na territorii Chuvashii: istoriko-pravovoy analiz [Prevention of juvenile delinquency in the early years of Soviet power in the territory of Chuvashia: historical and legal analysis]. Sotsial’no-pravovaya zashchita detstva kak prioritetnoe
napravlenie sovremennoy gosudarstvennoy politiki [Socio-legal protection of childhood as a priority of modern
state policy]. Cheboksary, 2018. Pp. 107-114.
4. Uskova A.S., Kiryukhin V.V. Pravovoe i organizatsionnoe obespechenie deyatel’nosti podrazdeleniy po delam nesovershennoletnikh organov vnutrennikh del [Legal and organizational support of the activities of the
units for the affairs of minors of the internal affairs bodies]. Moscow, Academy of Management of the Ministry of
Internal Affairs of Russia, 2017. 100 p.

 

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