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Opinion about parental delinquency.

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Opinion about parental delinquency.

I saw this post by Alessandra Shkoba and couldn't get past it.

There is no complete description of the situation, so it is difficult to draw final conclusions. But based on what has been said, questions do arise.

In my practice, there were cases when, after accidents with children on the road, the police made reports on parents according to Article 5.35 of the Code of Administrative Offenses of the Russian Federation - for failure to fulfill parental responsibility. The reasons were different. For example, a child rode an electric scooter under someone else's account or rode a bicycle when it was not allowed.

But the child's misbehavior in itself does not prove that the parents are fulfilling their duties improperly.

In order to be held accountable according to Part 1 of Article 5.35 of the Code of Administrative Offenses of the Russian Federation, it is necessary to determine what specifically caused the non-fulfillment or improper performance of parental responsibilities, and to prove the parent's guilt.

If a child once violated traffic laws, it cannot be concluded from this fact alone that his parents are not educating him.

You cannot be prosecuted under this article for a single case. This offense is of a continuous nature, that is, if the child committed the offense once, and the parents did not know about his actions, then this action (or as the police interpret it, inaction) should not be considered as an offense. If, of course, the police really want to make a report, then they must prove in the case materials that this is not an isolated case and that it is systematic (that is, the parents know that the child breaks the traffic laws regularly and do not react to it or do not take measures to educate the child). However, such circumstances should be supported by evidence.

One general phrase "did not provide adequate education" is not enough to justify liability, and the speculations and fantasies of the police (including that the child must always be accompanied by his parents) cannot become the basis for drawing up a protocol.

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