| Popis: |
Background. The solution of the current problem of protection of the rights of the child implies, first of all, a clear definition of the boundaries of the legal status of this subject of law. The aim of the article is to formulate the understanding of «child» in Russian constitutional law as a term with two different legal meanings. Results. Various approaches to the definition of «children» in the Constitution of the Russian Federation are considered. The time limits of the existence of a person in two different qualities are defined – as a person who has not reached the age of majority, and as a person who has certain legal ties with other persons (parents). Three approaches to the definition of the beginning of the child's existence as a subject of law (normative, conservative ethical and progressive ethical) are formulated and considered. The author's point of view on this issue is reasoned. The theoretical provisions given in the article can be used in further scientific research, as well as in the teaching process. Conclusions. Recognition of a child as a subject of law from the moment of conception is impractical, since it creates a legal conflict with the norms that allow abortions. The upper time limit of the existence of a person as a minor child can be determined by the achievement of 18 years or physiological death (which should be distinguished from legal death – a court decision declaring a citizen dead). The boundaries of the existence of an adult child as a carrier of sectoral legal status can not be clearly established, because they depend on a number of factors, some of which (in particular, the need of the parent) in some cases are stated only by the court. |
