“currently the law does not contain clear criteria and conditions for allowing persons under 16 years of age but below the age of consent to marry, explained “RG” lawyer Ilya Prokofiev. – It is obvious that the Family code should be established for a specific list of conditions that allow to marry to persons under 16 years of age.”
In turn the lawyer Elena Ovchinnikova recalls that regions can be defined the order and conditions under which marriage as an exception considering the special circumstances may be allowed before reaching the age of 16.
“today, almost 30 subjects of the Federation adopted laws reducing the age of consent, in exceptional cases, up to 14 years old, she said “RG”. – Decision on permission for marriage to a person under the age of 16, for example, in the Moscow oblast is taken by the member of the Government of the Moscow region authorised by the Governor of the Moscow region and issued his Executive authority subject of the Russian Federation on the basis of a written application of the minor, his parents. When there is disagreement between the parents and the citizen, wishing to marry, an application for permission to enter into marriage is with the consent of body of guardianship and curatorship at the place of his residence”.
According to her, in most cases, even if there are disagreements between parents of minors and minors who wish to marry before reaching adulthood, but an exceptional circumstance, such as pregnancy, for example, consent is issued.
“this is despite the fact that the birth of a child at such a young age is a controversial issue, but the production of minor citizens, and, in fact, children of full legal capacity – very different! – said Elena Ovchinnikova. Legally marry until the age of majority under the law turns a child into an adult independent person. But whether he is a child, so? And is he ready for such global changes in his life? In addressing the issue of teenage parents, we forget about the rights of their unborn child. What are the duties of minors “children” can perform as couples and as young parents? Is it possible to judge that at such a young age, the students of class 9-10 can consciously come to the conclusion of marriage, the creation and maintenance of his family and children? The main concern lies upon the parents of minor parents. It is obvious that students are unable to fully fulfill neither marital nor parental responsibilities”.
moreover, according to her, if you believe the statistics, more than half of early marriages fail in the first years of life. “At this stage, new problems arise: Alima��tnye obligations of teenage parents in relation to their child’s upbringing and development. Who will take care for the minor child?” she asks. Family law in serious need of systematization and elaboration of the strategy of regulation of family relations with the participation of minors in different areas of law, concludes the lawyer.
Lawyer Victoria Danilchenko said “RG” that the exceptional conditions under which it is possible to obtain permission to marry almost the same everywhere. This, for example, pregnancy, birth of a child, a difficult situation mother of the bride or groom in the military service or a long business trip. If a juvenile is 16, to issue a marriage license can the local authorities. “But in those regions where 14-year-old citizens can get married they must get permission have not local authorities, and the subject of the Russian Federation, in particular the personal permission of its head, she says. – In some regions there are additional conditions, in addition to the above. For example, in Tatarstan the bride and groom must be registered on the territory of the Republic. In many regions in the legislation stipulates that the pregnancy must be at least 22 weeks because at this time, the interruption it is only possible for medical reasons. I believe the issue of reducing the age of marriage must be approached very cautiously since it can cause an unhealthy surge of sexual activity of adolescents”.
In her opinion, the optimal age for marriage – the one that is optimal for the first pregnancy from 20 to 30 years. “Many teenagers can perceive the lower boundaries for marriage to 14 years as a call as onset of sexual activity legally, says Viktoriya Danilchenko. – I have to say that this age in recent times and so are constantly reduced, we have more and more mothers under the age of 14. And even married at this age Teens are very rarely retain these relationships for a long time. But I have to admit that the lack of a list of reasons that allow early marriages at the Federal level brings some confusion in controversial issues. Therefore, I support the idea in more detail regulate the issues of early marriages that is at the Federal level.”
