Tattoo without parental permission. Tattoo without parental permission What the law says

A tattoo is a way to express yourself, decorate or change your body. A lot of teenagers want to declare themselves, to express their protest with the help of the language. However, getting a tattoo in adolescence is not worth it.

Some Obstacles

A tattoo can be done without problems from the age of eighteen, any adult can simply come to the salon and declare such a desire. To get a tattoo at an earlier age, you will need not only the desire, but also the consent of the parents, recorded in writing, in addition to this, you will have to present an identity document.

Removing a tattoo is a rather painful and expensive procedure, and besides, it is not always effective.

This alone can cool off the desire to get a tattoo at fourteen or fifteen, since parents are quite difficult to persuade to make such a decision. But this is a bureaucratic problem. Technical problems are a serious argument against tattooing at an early age.

Fourteen to fifteen years is a time of active growth and hormonal changes. At this time, it is still quite difficult to predict how the figure and proportions of a person will change. Therefore, even the most beautiful and detailed tattoo, as such natural changes can “float”, lose its attractiveness. Correcting this may not be easy in the future, and such an “overlapping” of an unsuccessful tattoo will result in a considerable amount.

Tattoo is forever!

In addition, many teenagers have very radical tastes and views, as a result, they most often order aggressive drawings of a rather large area. Over time, a person's views change, as do his ideas about his body and soul. So after twenty or twenty-five years, many want to get rid of the tattoo, which was the result of a rash decision, or, again, change it. This is especially true for drawings applied to open parts of the body - arms, stomach, legs. Such a regular reminder of a dubious decision can be very annoying, besides, the drawings can simply get bored, so it’s better to do them in places that can be hidden under clothes.

While looking for your image, it is better to experiment with temporary tattoos.

It should also be taken into account that tattoos on visible parts of the body can change the perception of people around them about their wearer. And if in the future you are going to build a career in any serious corporation or do business, tattoos can seriously interfere with this.

Hormonal changes are another reason not to get a tattoo during adolescence. Some tattoo artists believe that during such a restructuring of the body, the ink may not lie down properly or even cause allergic reactions. It is better to wait until the end of adolescence and after that apply a tattoo.

As we have noticed, teenagers often have a question: “where to get a tattoo in *cityname*?”. After a while, parents have a question: “where did my miracle child do this disgusting thing?” It's time for us to ask the question - what threatens tattoo artists, besides shaking the hat from the parents of a would-be child?

We have prepared several questions for a group of lawyers from St. Petersburg, from the Law is Law company. Here are the answers to our questions provided Dmitry Ozimok, head of the company and lawyer - Law Firm “The Law is the Law”.

Can a minor get a tattoo? Can a minor get a tattoo? Since a tattoo is work, there will be wages. Will it be legal? Can a child make a deal?

For convenience and less repetitive information, we have combined the first three questions into one.

Yes, virtually all people can get a tattoo, but with certain conditions.

In this case, going to a tattoo parlor implies the disposal of money by a citizen.

According to Art. 26 of the Civil Code of the Russian Federation, a minor between the ages of 14 and 18 has the right, without the consent of his parents, adoptive parents or trustees, to dispose of his earnings, scholarships and other incomes, to make small everyday transactions. For other transactions, a minor between the ages of 14 and 18 must obtain the consent of legal representatives (parents, guardians, adoptive parents).

That is, a minor can only make small household transactions. The legislator does not give an exact definition of a petty household transaction, but it is assumed that only those transactions that do not exceed the monthly income of a teenager, and also satisfy only such daily household needs as buying food, textbooks, clothes, etc. can be classified as it.

According to Art. 28 of the Civil Code of the Russian Federation, young children aged 6 to 14 years have the right to independently make small household transactions at the disposal of funds provided by a legal representative or with his consent by a third party for certain purposes or for free disposal. All other transactions on their behalf are made by their legal representatives, that is, the contract with the tattoo parlor will be concluded by the parents, not the child.

Thus, minors can get a tattoo, but only with the consent of their parents or other legal representatives. Such consent can be notarized, then the personal presence of the parents is not required.

What can stop tattoo artists from performing a tattoo on a child?

A tattoo artist may be stopped from applying a tattoo by the absence of an identity document (passport), a document confirming kinship (birth certificate) or the authority of a legal representative, as well as circumstances that cast doubt on the voluntariness of the decision of a minor.

What is the responsibility of the master who undertakes to tattoo a child, and does he bear it?

Firstly, a tattoo artist bears civil liability for a poorly performed tattooing service, as well as criminal liability for causing harm to the life and health of a client, and this applies not only to minors, but also to all citizens who make tattoo master.

The responsibility of the master is determined by the contract that you negotiate. The contract usually stipulates that the client makes a tattoo in his right mind and memory, has no aesthetic claims to the tattoo artist for the work done, as he assessed the portfolio and figured out at what level and in what style his tattoo would be done. The master, in turn, must tell, at the request of the client, about the medications and consumables that are used during application. After completion of the work, the master is obliged to tell the client about the rules for caring for the tattoo, and the client, in turn, is obliged to follow these rules.

Secondly, with regard to liability for tattooing minors, here it will be proved in court by filing a claim on behalf of the legal representatives of the minor for various purposes (recognition of the transaction as invalid and return of funds, reduction of the tattoo at the expense of the tattoo parlor or tattoo master, etc., at the discretion of the applicants and on the basis of a court decision).

Since children are now accelerators, is it necessary to require a passport / other document to confirm age?

A passport must be required in any case, since we are talking about establishing the age for the legality of the procedure for applying a tattoo and concluding an agreement for its direct implementation.

conclusions

Conclusions for tattoo artists

Guys, do not tattoo minors and minors. There is a chance to get a hat from your parents. Even in court then rake once. The very money is not worth such problems, even though 95% of tattoos made in adolescence will be interrupted, and this is still money for you, dear masters, because cover-ups are more expensive.

Conclusions for teenagers

As mentioned above, you, dear teenagers, will sooner or later redo or reduce the tattoo. In addition, if the tattoo is done on those places that are still growing, for example, on the chest of a girl or on the back of a boy, then the tattoos will stretch and float with the skin. So it’s better to think seven times, otherwise you will have to cut off once, either your hands or the tattoo master.

If you want to convince your parents, then I have a few tips for you:

1. Show them the tattoos. Beautiful, worthwhile work. You need to convey to adults that a tattoo is not always a partak or a prison tattoo, but a form of art.
2. Earn money for a tattoo yourself. For parents, these are two arguments at once: firstly, the family budget does not suffer, and secondly, this is an indicator of your zeal, because you will have to work very hard to earn a good tattoo.
3. Take them to a standing tattoo parlor. Parents are always concerned about your health, and you must show that the tattooing procedure will be carried out under sterile conditions and will be safe for you. In order not to goof off, you should come to the salon ahead of time and discuss the visit with the tattoo artist. He will have to tell about the process to your parents.

Conclusions for parents

If your child has passed all the above points, but you still refused him a tattoo, then be prepared for the fact that sooner or later your child will come with a tattoo made in Vasyan's garage from the fifth entrance, from which there is nothing special to take. And it will be a great success if everything will be in order with the health of your child after that, not to mention the appearance of the tattoo, especially after healing.

If this scares you - go to a meeting with the child, help with the choice of a good one, and not a stupid and well-worn sketch, add a little if it is not enough. In return, you will receive the respect of the child, be his hero, and you will not have to worry about the infection that he could pick up from Vasyan and his garage.

Anastasia Olgovskaya, Managing Partner of LLC Interconsult. Law firms” told “Letidor” about the intricacies of legislation regarding the services of a tattoo artist.

Can a minor get a tattoo?
- First, let's define the concept of "minor". The current civil legislation of the Russian Federation separates the legal capacity of minors aged 14 to 18 years and the legal capacity of minors, i. minors who have not yet reached the age of 14.

– What, then, is allowed by the first, but not allowed by the second?
– According to Art. 26 of the Civil Code of the Russian Federation, a minor between the ages of 14 and 18 has the right to independently, without the consent of parents, adoptive parents or trustees, manage their earnings, scholarships and other incomes, and make small household transactions. For other transactions, a minor between the ages of 14 and 18 must obtain the consent of legal representatives (parents, guardians, adoptive parents). Young children aged 6 to 14 also have the right to independently make small household transactions at the disposal of funds provided by a legal representative or with his consent by a third party for specific purposes or for free disposal (Article 28 of the Civil Code of the Russian Federation).

- Is a tattoo included in the concept of "small household transaction"?
- What is a petty household transaction, the legislator does not give a clear answer, leaving the right in each case to determine the appropriate criteria relating the transaction to a petty and household one. Nevertheless, it can be assumed that such transactions can be attributed only to transactions that are insignificant in amount, not exceeding, for example, the monthly total income of a teenager, transactions and only those that satisfy his daily household needs: buying food, textbooks, clothes, paying for transportation and so on. Of course, tattooing, with all the desire and probably the low cost of this service, cannot be attributed to household transactions of minors.

- So a child can't go to a tattoo parlor and say "do it!"?
- Of course, he can go, but I think that the tattoo artist will never take it.

– What can stop a tattoo artist?
– The current legislation of the Russian Federation does not regulate in any way the activity of a tattoo artist, does not define this type of activity as a certain profession, does not include tattooing in the list of licensed medical services (while tattooing is included in the list of cosmetic services, but by definition is not equated with tattooing in its classical sense). In this connection, it is rather difficult to determine unambiguously the requirements for the provision of such services, including obtaining the consent of the legal representatives of minors for tattooing.

- Does the master who undertakes to make a tattoo to a minor bear any responsibility?
- Drawing a tattoo is a voluntary right, no one can force a person to wear it. This is reflected in the Geneva Convention on the Protection of Civilian Population in Time of War of August 12, 1949. Such a ban is the realization of the human right to personal integrity, which is also enshrined in the Constitution of the Russian Federation (Article 22). And only for the forced application of a tattoo can we talk about liability, in particular criminal, for causing harm to health. The current legislation of the Russian Federation does not contain a special corpus delicti of a crime or an administrative offense that provides for liability for tattooing, including in relation to a minor. However, in order to avoid controversial situations and rather lengthy and subjective criteria for transactions that minors can make without the consent of parents and other legal representatives (I note once again that the legislator does not give a clear definition of what applies to small household transactions and does not restrict the actions of a minor in between the ages of 14 and 18 when managing their own funds), I still recommend that representatives of salons providing such services specify the age of their client, and also require the written consent of the legal representative to tattoo if the client is a minor.

Arkady Malyugin, ex-tattoo-artist ("Piercing and artistic tattoo studio", Tomsk, now tattoo-artist, "BJP" salon, Seattle, Washington)

Is it necessary for the client to have a passport?
- Necessarily. According to the procedure of the salon, you need to ask for a passport even from grandmothers, since the data of the documents are entered into the registration system.

- What awaits the master if he takes on a tattoo for a minor?
- According to the law, the master is subject to administrative responsibility. Penalty, for example. But in reality, he will simply receive a hat from the parents of the unfortunate child. I don't think the police will deal with these kinds of cases, unfortunately...

– Are there any licenses for this work?
- Of course, there are tattoo licenses, more precisely, they have a place to be, and the presence of a tattoo artist is a plus, but not the main one.

Is this procedure regarded as cosmetic?
- The procedure for applying a tattoo refers to decorative modifications of the body. Tattoos have a common principle with tattooing, only the task of a tattoo is to permanently apply a pattern to the client's body.
– Hygiene side of the issue. Are there any rules?
– Hygiene side: like in the operating room where I work. If the workplace does not remind you of an operating room, this is an alarming sign.

What education should a tattoo artist have?
- There is no such special education that a tattoo artist must have - no. Of course, artistic education and medical education are welcome, but all these are “related disciplines”. A tattoo artist is judged not by education, but by portfolio and reputation. Portfolio photos are what he can do. Reputation is how his tattoos heal. It is desirable to know at least one person with a tattoo from a potential master that has healed well, that is, the client likes how it looks now.

– Do you bear any responsibility for the quality of the tattoo and the consequences after the procedure?
- The responsibility of the master is determined by the contract that you sign before applying the tattoo, or negotiate. - Who draws up this contract and what must be written there? - The contract is drawn up by the owner of the establishment, usually it says that the client is tattooed in his right mind and memory, has no aesthetic claims to the tattoo artist for the work done, as he assessed the portfolio and figured out at what level and in what style his tattoo would be done. But in case of unsuccessful healing, even through the fault of the client, the tattoo artist undertakes to correct the tattoo.

- Are there any signs that you will not undertake to stuff?
- The drawings on the body definitely change your fate, but not in a mystical way, but by the fact that those around you, and as a result, you yourself, perceive you differently, taking into account these very signs. I do not undertake to make racist and Nazi symbols. Never.

In this article we will tell you how we make tattoos and piercings for teenagers. The cast includes a psychologist, a tattoo artist and a lawyer who wishes to remain anonymous. Tattoo under 18 We do not tattoo children under 14

In this article we will tell you how we make tattoos and piercings for teenagers. The cast includes a psychologist, a tattoo artist and a lawyer who wishes to remain anonymous.

Tattoo under 18

We do not tattoo children under 14.

We do it for teenagers from 14 to 18 years old, but only in the presence of at least one of the parents. Before the session, he will have to show supporting documents and sign the consent.

Piercing under 18

The rules are the same as with tattoos: from 14 to 18 we do it only in the presence of a parent and with his written consent, and until the age of 14 we do not do it at all. No exceptions.

What the law says

For our legislation, the profession of a tattoo artist does not exist. Getting a tattoo is not a medical procedure. The work of tattoo artists is not regulated by laws, as, for example, the work of doctors.

Do your parents threaten that they will drag a master who dares to make you a tattoo or a puncture through the courts? It is unlikely that the master will be punished for this, but there may be different situations. Imagine: to get a tattoo on your back, during the session you had to take off your T-shirt. This, if desired, can be summed up under the article "corruption of minors."

Therefore, an adequate master will not undertake to make you a tattoo without parents. A master who beats tattoos at home may agree, but this should be handled with caution. It's easy to run into unsanitary conditions and all that.

Are you allowed to get tattoos and piercings under the age of 18? We read the Civil Code, article 26: “Minors aged 14 to 18 have the right to independently, without the consent of their parents, adoptive parents and guardian, make small household transactions and other transactions.” What is "small household transactions", the law does not tell. But if you dig deeper, then a tattoo can hardly be called a petty everyday deal.

In short, until the age of 18, you will have to accept that your parents or guardians are responsible for you. After 18, you will receive all the rights and freedoms: you can vote, get tattoos, get married, and more.

What the masters say

A word to one of our most experienced craftsmen Igor Golitsyn :

I made tattoos to young people under 18 three or four times. I worked at the same time in the same way as with another client. Masters are not psychologists and not nannies. Either I approach all clients responsibly, or I treat all irresponsibly. I don't care what age the person is. I'm just doing my job. But I think it's very important to tell teenagers about all aspects of life with a tattoo.

What psychologists say

We turned to Dmitry Panasyuk, a psychologist who works with teenagers at the Architecture of the Future Center, for a comment.

Who usually gets tattoos or piercings?

Often the desire to get a tattoo or piercing arises in teenagers who have problems with self-confidence, adaptation, or who have conflicts with their parents.

I had teenagers who consulted with me about a tattoo: they say, I want to do it, but I don’t want to tell my parents. Some started with one pattern or piercing, but did not stop there.

I don't answer. I try to decompose this decision into pros and cons: to tell what can be gained and what can be lost.

I also advise you to pause, not to do it at the same moment as you want.

And what can be lost?

First, then you can change your mind. Today they filled themselves with “Vasya, I love you” or some fashionable symbol, and tomorrow they fell out of love with Vasya, and the fashion for the symbol has passed.

Secondly, others may not understand. You need to be ready for this. They made a tattoo, you like it, and friends say: “Pfft, some kind of hat.” Or parents may not accept because they were brought up in a completely different culture, where the tattoo was considered unacceptable, a sign of a criminal, a prostitute or a “dirty punk”. Or parents have some friends. And so they go to their dacha, and they say to you: “Sorry, we can’t take you, they won’t appreciate your tattoo.”

And thirdly, life can change. Elementary: there are companies that have a strict dress code. If you have a tattoo, you may not get a good position there. Or you meet the girl's parents, and they have a stereotype: if a tattoo means there is a criminal record, and the attitude towards you deteriorates.

What can you get?

Boost your self-confidence. It is no coincidence that people began to make tattoos in the Stone Ages. This art has deep roots.

Or maybe you want a tattoo to join a group. For example, to the fans of your favorite football club or an underground musical party. Do it and you will be accepted.

Another tattoo or piercing is a way to control your life (or show that you can control it). My body - I want and I do.

In addition, a good tattoo can be simply beautiful. This is creativity.

What about the physical consequences?

They are. In adolescents, the body is not yet fully formed. We grow up to about 21 years old - and the tattoo stretches. It is not clear how the drawing will behave and where it will lead in a couple of years. What if a beautiful cat eventually turns into a rat?

And do not forget about hormonal changes. The body of a teenager is already in a stressful state all the time: hormonal storms, drops, and here something else unusual is happening to the body. Ink is injected into your skin, essentially a foreign object.

And what should I do if, for example, I am 17 and I want a tattoo or piercing?