Some Problematic Issues of Realization of Civil Procedural Legal Capacity of Minors
Year: 2025
Type: article
Abstract: The article deals with the problems of understanding two norms describing the content of civil procedural legal capacity of minors over 14 years of age: part 4 of article 37 of the Code of Civil Procedure and paragraph 2 of article 56 of the Family Code of the Russian Federation. The question is raised as to when such persons have the right to exercise their civil procedural rights independently, as well as whether it is possible to consider ad-missible a judicial challenge by a child to the educational decisions of his parents, if such decisions, although not violating public law prohibitions, in the opinion of the minor violate his rights. The author concludes that part 4 of article 37 of the Code of Civil Procedure implies that children over 14 years of age have the right to inde-pendently protect those rights, the independent exercise of which is provided for by law. On the issue of inter-pretation of paragraph 2 of Article 56 of the Family Code of the Russian Federation, the author takes a position on the inadmissibility of judicial disputes between a parent and a child regarding the upbringing of the latter, emphasizes the unresolved issue of understanding of this norm and the need for further research.
Author: Marita I. Badayeva
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408870082