Lawyers commented on a video of Rostov kindergarten students addressing "Akhmat"

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Recording children on video without parental consent is prohibited, but school administrators often obtain permission for such filming, lawyers noted, commenting on a video appeal from Rostov kindergarten students to "Akhmat." They noted that the video touches on interethnic and ethical issues.

As "Caucasian Knot" reported, after the publication of the video, in which kindergarten children from Rostov-on-Don recorded a video addressing Akhmat fighters and the slogan "Akhmat is strength," the video's creator and the kindergarten director were called "on the carpet" and asked to explain why the children, in the freezing cold, decided to support the Chechen unit. Investigations are underway in connection with the video's publication, sources reported.

Commenting on the publication of a video featuring an appeal from Rostov kindergarten students to Akhmat fighters, lawyer Marina Agaltsova stated that, according to Article 152.1 of the Civil Code of the Russian Federation, the publication and subsequent use of a citizen's image is permitted only with the consent of the citizen, and if the citizen is a minor, with the consent of their legal representatives.

"Also, Articles 3, 6, and 9 of Federal Law No. 152-FZ 'On Personal Data' state that images, videos, and voices constitute personal data, and the processing of personal data is permitted with the consent of the subject, and for minors, consent is given by a legal representative. Furthermore, Article 28 of the Civil Code of the Russian Federation prohibits minors (under 14 years of age) from independently entering into transactions; their parents (legal representatives) act on their behalf," she explained on January 30. "Caucasian Knot" correspondent.

The video in question featured images of minors under 14 years of age. "It was necessary to obtain parental consent, because, according to the Family Code, it is they who represent their minor children. Minors of this age cannot enter into transactions. Therefore, if there was no consent, then in this case, the transaction took place, even if the child voluntarily consented to the use of the image. We may question how voluntary it is. But at least it's clear they weren't being held there to record a message. However, children of this age cannot enter into contracts, so parental consent for the child to participate in the video recording was indeed necessary," Agaltsova said, adding that dissatisfied parents can appeal to the prosecutor's office and the court to protect their children's rights. Lawyer Timofey Shirokov believes it's unlikely that parents would not consent to the posting of their children's images. "As a rule, the administration of childcare facilities obtain permission to use children's images. They slip them papers permitting video filming, photography, public posting, and public use of video footage of children in the interests of the kindergarten," he said. The lawyer doubts that such "patriotic" video messages could be condemned. "I don't think they'll be able to get a foothold here formally. Patriotic education is being pushed everywhere these days. And this video hardly qualifies as a political action. But, in principle, some dissatisfied parents could demand that an image featuring their specific minor child be removed from the public domain to protect their personal data. And this won't be easy, because they gave consent to the use of material featuring their children," Shirokov explained.

According to Shirokov, further proceedings in this case also depend on the opinion of local authorities. "If the local xenophobic theme comes into play, they will look into it. Although the fact that this is within the framework of the widespread trend of "supporting" "SVO participants" with the presence of children, including kindergarten-aged children, is an argument for those who published this appeal," the lawyer believes.

The fact that the appeal has generated interethnic uproar was also noted by lawyer Abusupyan Gaitayev.

"So many events with the participation of children in support of SVO are held throughout the country - and I have never heard anyone express outrage, much less hold anyone accountable. But the fact that this concerns "Akhmat" and Apti Alaudinov, that is, some non-Russians, has caused outrage among a certain part of the public," he told a "Caucasian Knot" correspondent.

At the same time, according to the lawyer, such appeals have an ethical aspect. "You could probably make claims against the author of the video for sending the video to a third-party site or Telegram channel. But it is unlikely that you will demand moral compensation. If there is "Giving permission to film will end in nothing," Gaitayev believes.

It should be noted that major Rostov Telegram channels and VK publics ignored the video with the kindergarten students' appeal. They may have chosen not to publish the video because it theoretically violates the ban on publishing images of minors without explicit parental consent.

As reported by "Caucasian Knot," State Duma deputy Dmitry Kuznetsov stated that the Akhmat Children's Academy of Peoples' Friendship can be involved in educating young people. He also noted the importance of the participation of men from Chechnya and other regions of the North Caucasus in educating youth across the country. The Academy of Peoples' Friendship should not be created under the auspices of Akhmat, as Russia is a multinational country, and the methods of the Chechen authorities and the example of Adam Kadyrov cast doubt on the successful education of children in Chechnya, they stated. Telegram users. On February 2, Apti Alaudinov called opponents of the idea fascists. He said the proposal to create such an academy "came from the children of Moscow," and called on its opponents, the "armchair warriors," to calm down, accompanying this with a threat.