Property Rights of Children in Ukraine: What Adolescents Can and Cannot Do.
According to ТСН: In Ukraine, children have the right to own, use, and dispose of their property, with the extent of these rights depending on the child's age.
The Ministry of Justice of Ukraine has clarified what property rights children have and how to protect them.
According to Article 31 of the Civil Code of Ukraine, minor children (under 14 years old) can only enter into minor household transactions, such as purchasing inexpensive items that correspond to their age. The property of such children can only be managed by parents or guardians, and only in the child's interests. If the child is under guardianship, their interests are represented by the guardian based on a decision from the guardianship authority or a court.
Rights of Children Aged 14 to 18
They can independently:
- open bank accounts and manage their funds
- in cases provided by law, be founders of legal entities
- dispose of their income – salary, scholarship, or other payments
- enjoy rights to the results of their creative or intellectual activities
However, other transactions are only possible with the consent of parents or guardians, and transactions involving real estate or vehicles can only be conducted with notarized consent and permission from the guardianship authorities.
Management of the Child's Property
Parents must manage the property of a minor child in their interests and ensure its safety.
Without permission from the guardianship and custody authority, it is prohibited to:
- waive the child's property rights
- conduct transactions regarding the child's real estate or vehicles
- issue obligations in the name of the child
According to the Law of Ukraine “On the Protection of Childhood,” guardianship and custody bodies must monitor compliance by parents or replacement persons with children’s rights during the alienation of housing and purchasing new housing.
They can grant permission for transactions involving a child's property only after verification and provided that the child's right to housing is preserved. Reducing or restricting the rights and interests of children during transactions involving residential property is unacceptable.
It was previously reported that in Ukraine, disputed inheritance issues regarding the delineation or division of land plots, apartments, or houses are resolved by courts. However, there are cases when the state takes over the inheritance.
These aspects of children's property rights are significant in the context of protecting their interests and ensuring proper treatment by adults. By ensuring compliance with these norms, Ukraine is trying to create a safe and fair environment for the younger generation, preventing possible abuses and violations of rights.
Therefore, it is essential for parents and guardians to know their duties and rights, as well as adhere to the legislation that protects children's interests, as their comfortable and safe life is the key to a healthy society in the future.
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