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.
any tattoos in the form of genitals or, even worse, on them;
a drawing that came to mind in an inadequate state (intoxication, during a period of special joy or sadness);
an image that has something in common with a school or institute, since after a while it will become insignificant and simply useless;
something especially popular right now (emblems of musical groups, TV shows, images of movie characters, books and comics).
Tattoos with the name of a lady of the heart or a beloved man are popular. But, according to the workers of tattoo parlors, the owners of just such drawings most often turn to the master with a request to remove or remake the tattoo. Therefore, even if the relationship seems eternal, and the intentions are the most serious, it makes sense to think carefully about the appropriateness of such an act.
As for inscriptions in exotic and unfamiliar languages, everything is not so simple here either. Before applying any phrase to your body, you should not only find out, but thoroughly study its meaning. This is especially true of various symbols in ancient languages, as well as hieroglyphs, which often have a double connotation.
How not to make a mistake in choosing
It is necessary to start choosing a tattoo, first of all, from the design and plot: whether it will be just a beautiful drawing, an inscription or some kind of symbol. You should not chase after fashionable tattoos that are full of Internet pages. It is better to throw a sketch on your own, based on your internal state, and contact the master with a request to improve the drawing.Then you should forget about the tattoo for a while, it can be several months or even a year. If, after such a long period, the desire to apply this pattern to the body has not changed, then, perhaps, you can go to the salon.
When choosing a tattoo, you need to consider the place of application. This is an issue requiring special attention. It is better to figure out in advance how the tattoo will look with different clothes, shape, style. In addition, given the fact that the pattern will remain on the body for life, you need to remember that sooner or later the skin will age and sag. Will the chosen pattern look beautiful on a flabby and wrinkled body? Most likely no. Therefore, the best place for a tattoo is where the skin remains elastic for a long time.
Choosing a tattoo is a very personal, even intimate matter. It is better to apply a tattoo in adulthood, when a person has already known himself enough, his strengths and weaknesses. Then a drawing that characterizes character, talent, principles or dreams can decorate his body. Only in this case, the tattoo will become not just an ornament, but a real talisman and life guide.
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 fairly 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.
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, as such natural changes can “float”, lose its attractiveness. Correcting this may not be easy in the future, and the “overlapping” of an unsuccessful tattoo will result in a considerable amount.
Tattoo is forever!
In addition, many teenagers have very radical views, as a result, they most often order aggressive rather large areas. 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, as they are better in places that can be hidden under clothing.
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.
Teenagers are different, but each of them, between childhood and adulthood, tries to express himself, to tell the whole world about what he is. At the same time, young people tend to imitate their idols - music and film stars, athletes, even their peers are more active and bolder. But in parents, as a rule, the child’s desire to get a tattoo causes a negative reaction: tattoos are strongly associated with places not so remote, and rare “advanced” parents will agree to see their son or daughter in tattoos.
Before you strictly forbid your own child any drawings on the body, sit down and talk with him, find out what motives drive your grown-up offspring, and at the same time find out for yourself - is it possible or the heir will paint himself forever and ever? Are tattoos so dangerous and at what age can you go to a tattoo parlor for the first time?
At what age can you start
By law, tattoos can be done by young people, celebrating their eighteenth birthday. There is a small caveat: with the consent of the parents, this age can be reduced. But it is not by chance that it is not recommended to injure children's skin!Until the age of 20, the human body grows, in boys and girls during puberty, metabolic processes are very intensive, and a tattoo can significantly lose its attractiveness. Explain to the child that it is worth waiting a little, but then becoming the owner of a beautiful and durable pattern, because the process is not the most pleasant.
