Institute of civil emancipation of minors: a comparative study

The article discusses the main problems of the institute of civil emancipation of minors. Emancipation is considered as a basis for minors to acquire full or partial legal capacity by equalizing their civil rights and obligations with adult citizens, unless otherwise provided by law. The need to introduce this institution is determined by the fact that for the citizen to function in society in full, he must have full legal capacity. A minor is completely dependent on the decisions of his legal representatives, he cannot manage his activities and make related decisions on his own. The institution of emancipation is necessary precisely to ensure the independence of a minor in making independent decisions regarding the disposal of his income, concluding large deals, engaging in legal business activities, etc. But the question of the scope of rights granted to an emancipated person still remains open. Analysis of the practice of other countries of the world shows that emancipation as an objective phenomenon of reality represents certain relations between its participants. In many countries, emancipation is not considered a right of a minor, but a privilege granted only to those minors who can demonstrate that they are ready to live in society as adults. In order to acquire legal capacity in the case of emancipation of minors, certain conditions and the performance of a number of other actions are required (for example, minors submit applications (petitions) to declare them capable of legal action, present the necessary evidence and documents for this, adoption of a decision on emancipation by the relevant body), after which practical fixation and further implementation of the right to acquire civil legal capacity becomes possible. In the United States, emancipation has been established as a privilege, not a right of the minor, and is granted only to those minors who can demonstrate that they are ready to live in society as adults. Withholding emancipation of minors does not fully equate them to adults and fully capable of action, remains in many respects limited, established for minors, which are expressed in the impossibility of exercising some of the emancipated rights, for which the law establishes the achievement of a certain age.