The right to protect the image of a minor: methods of implementation and specifics of protection

Abstract

Relevance. The article analyzes the problems of protecting the image of minors in accordance with Art. 152.1 of the Civil Code of the Russian Federation, including judicial methods of its protection. The inconsistency of judicial practice on the application of provisions on the protection of the right to inviolability of the image of children is noted. An assessment of the norm under consideration in the context of law enforcement is given and legislative solutions are proposed to eliminate the shortcomings of its revision.The purpose of the study is to supplement and develop theoretical provisions that contribute to the deepening of scientific knowledge on the protection of the right to image children and the uniform application of Art. 152.1 of the Civil Code of the Russian Federation.Objectives: to analyze the decisions and decisions of the Supreme Court of the Russian Federation, courts of general jurisdiction in cases of protecting the right to image a minor; identify the reasons for the inconsistency of court decisions that impede the proper protection of this right; clarify the existing gaps in the version of Art. 152.1 of the Civil Code of the Russian Federation; formulate proposals aimed at improving the protection of photographs and video images of minors.Methodology. When writing the article, the author used methods of analysis and synthesis, induction and deduction, as well as dialectical-materialistic, formal-legal, formal-logical, system-analytical, documentary methods, as well as a method for generalizing judicial practice. The results of the study are applied and are reflected in the findings and formulated proposals for solving theoretical and practical problems related to the protection of the image of minors.Conclusion. The norm on the protection of the right to image requires modernization in terms of eliminating gaps that require the attention of the legislator. To overcome the contradictory interpretation of its meaning and the disunity of judicial practice, it is necessary to consolidate the concept of consent as a bilateral civil law transaction, introduce property compensation, and determine the rights of the second parent in case of his disagreement with the use of the child's image.