Tip 1: Who can not become guardians

Jurisprudence

Tip 1: Who can not become guardians

Trustees will not be able to become certain categoriespersons with a criminal record, certain diseases or not meeting the requirements. Specific groups of such citizens are indicated in the family legislation of the Russian Federation.

Russian legislation makesapplicants for the role of guardians are quite high demands, since the priority task is the observance of the interests of children. That is why the Family Code of the Russian Federation identifies several groups of individuals who under no circumstances will be able to receive a positive decision of the guardianship authorities. The most common category of persons under restriction are those who have or have been convicted, and have been prosecuted for crimes committed against fundamental rights, individual freedoms, sexual inviolability and a number of other objects of criminal and legal protection. In addition, the existence of a criminal record for any serious or particularly serious crime automatically excludes a citizen from the applicants for guardianship.

Non-compliance with the requirements for parents and guardians

Another common category of people whoit is forbidden to appoint guardians, are citizens who do not meet the requirements for parents. So, previously deprived of the parental rights of a person restricted in parental rights, citizens will not even be evaluated by the guardianship authorities for compliance with the requirements for registration of guardianship. In addition, for the first time applicants for guardianship are required to undergo special training, a program for which is developed at the level of each region of the Russian Federation. The absence of a document on the completion of such training also excludes the possibility of appointing a person as a guardian. The indicated requirement does not apply to close relatives of children, as well as those applicants who are already guardians.

Presence of certain diseases or other limitations

The presence of a serious disease also does not allowinterested person to register custody of the child. Without exception, candidates who suffer from alcoholism or drug addiction are rejected. A list of other diseases that may pose a threat to the child has been approved by the Government of the Russian Federation. If such a disease exists, the applicant for guardianship will be denied registration. In addition, a new restriction has recently been introduced, according to which citizens who are of same-sex marriage (under the law of the state in which these marriages are allowed) or who live in a same-sex union without marriage registration can not become guardians.

Tip 2: Who is the plaintiff?

The media often meetnews, which states that a certain citizen or company acted as a plaintiff in any legal process. What does this legal term mean?

General concept of plaintiff

A plaintiff is a private person or organization thatfiled a lawsuit in court in order to protect their legitimate interests. This term is used in the civil process, i. when considering civil cases. If it is a question of a constitutional dispute, the plaintiff is the authority that has claims to other authorities. Anyone who has civil procedural legal capacity can stand as a plaintiff. An appeal to a court demanding protection of rights and interests is called a lawsuit. As a rule, the initiation of the case is initiated by the victim himself, who also sues. However, an action in defense of the injured person may be brought by the state bodies. In cases where the plaintiff is an organization, the court passes with the participation of its authorized officials, whom the advocate supports. And as the last one should be not the lawyer of the organization, but the hired specialist.

Who can not be a plaintiff?

A minor (under 14 years of age) oran incapable plaintiff can not independently assert his interests in court. This right is transferred to its legal representatives. Such can act, for example, parents and guardians. In a special category, citizens aged 14 to 18 and people with limited legal capacity are identified. They need a legal representative, but the proceedings must be conducted with the involvement of the plaintiffs themselves. There are individual cases in which a minor (over 14 years of age), being a plaintiff, has the right to participate independently in the case. Such an opportunity arises if the citizen entered into a marriage or was recognized as fully legally capable. In addition, such situations are encountered in certain types of disputes (in particular, labor disputes).

Features of legal practice

If there are several plaintiffs in one case, theneach of them must present his claim. The Russian legislation prohibits the filing of collective complaints. It is allowed to file claims in order to protect not their own interests, but the interests of another person. However, in such cases it is required that a power of attorney with the signature of the injured person is attached to the claim. Note that in the jurisprudence there is the concept of "applicant". This term is narrower than the "plaintiff". However, in practice, in oral speech, they are used as synonyms. A plaintiff is considered a victim in a case if the court handed down a conviction to the defendant or if it was proved that the plaintiff was harmed by the commission of the act being tried in court.