Emancipation legislation in Belarus
The Code of the Republic of Belarus on Marriage and Family regulates legal relations on the protection of childhood, including the rights of children and the obligations of parents and other persons caring for them.
A minor citizen is a person who has not reached the age of eighteen years. Only from the age of 18 does a citizen have full legal capacity, i.e. the ability to act on one’s own behalf in civil circulation, to conclude transactions on one’s own behalf, to be responsible to third parties for one’s actions.
The legal term “emancipation” is contained in the Civil Code of the Republic of Belarus and implies the acquisition by a child of full legal capacity before the age of eighteen (Article 26 of the Civil Code of the Republic of Belarus).
Conditions for the emancipation of minors
A child who has reached the age of sixteen may be declared fully capable if one of the following conditions is met:
– he works under an employment contract or contract;
– he is engaged in entrepreneurial activity with the consent of his parents, adoptive parents or trustees.
Thus, for a child to engage in entrepreneurial activities, it is necessary to obtain the consent of legal representatives.
Since the right to work arises from the age of 14, a minor can work under an employment contract or contract from this age without parental consent.
Official work for an employer (with the conclusion of an employment contract) is an important circumstance for recognizing a child as fully capable and entails the child’s right to emancipation.
At the same time, the necessary condition for emancipation is to reach the age of 16, i.e. if a 15-year-old child works under an employment contract or contract, then he cannot be emancipated.
Procedure for the emancipation of a child
The emancipation of a child is carried out by decision of the guardianship and guardianship body with the consent of his parents.
If it is impossible to obtain the consent of parents, adoptive parents or trustees, or in the absence of such consent, emancipation is carried out by a court decision.
Thus, the bodies empowered to decide on emancipation are the body of guardianship and guardianship and the court.
Legal consequences of emancipation
An emancipated minor child has all the rights of a fully capable citizen, in particular:
– get married and create a family;
– conclude transactions on its own behalf, including civil law transactions;
– other rights of participants in civil legal relations.
After emancipation, the obligation of parents to pay funds for the maintenance of the child (alimony) ceases.
Parents and other legal representatives are responsible for a child under 18 years of age as a result of causing harm to them. This legal norm has no legal force in the case of emancipation, because the parents of an emancipated child are not liable for his obligations, including as a result of causing them harm.
