Which marriage is recognized by the Family Code of the Russian Federation. Family Code of the Russian Federation
Problems in the family that can be resolved at the legislative level have been, are and will be.
But many, when faced with one or another unpleasant situation, resolve all issues on their own, adding even more fuel to the fire and completely ruining relationships with loved ones. Such phenomena are caused by ignorance of the laws, namely the Family Code of the Russian Federation.
And now we will talk about what the Family Code is, and what family issues and disputes it can help resolve.
What is the RF IC?
The Family Code of the Russian Federation is a special legislative act that combines norms governing relationships in marriage and in the family as a whole. This code is one of the most important legislative documents on the territory of the Russian Federation. The date of the first adoption of the IC by the State Duma of the Russian Federation is December 8, 1995.
Structure of the Family Code
The IC includes the most important bills aimed at regulating family relations, raising and guardianship of children, etc.
The structure of the RF IC includes:
Family law;
Protection of family rights;
Conclusion and dissolution of marriage;
Duties of spouses;
Rights to property acquired during marriage;
The procedure for payment and collection of child support;
Rights of minor children;
Parenting;
Responsibility and rights of parents.
Why is the Family Code needed?
The insurance company allows you to resolve all problems and disputes that arise in the family between spouses or parents and children.
If people want to get married, they must do so in accordance with the Family Code. The same applies to the dissolution of a marriage or its recognition as invalid. That is, everything related to starting a family is clearly spelled out in the insurance policy.
This document also helps resolve issues regarding alimony. Based on the law, one of the parents can be involved in paying maintenance either voluntarily or forcibly. And if there is malicious evasion of these duties, the payer may be subject to serious charges and, accordingly, severe penalties.
In accordance with the RF IC, the adoption of children in the country occurs under certain conditions, which are also clearly stated in this document.
The rights of parents and children in the Family Code help resolve controversial issues that arise in the relationship between a child and his mother, father or guardians.
In one word, the Family Code of the Russian Federation gives full protection to each family member, clearly indicating the rights of spouses, parents and children (including minors).
More articles and publications
What is civil marriage? Division of property in a civil marriage: definition of a civil marriage in the Family Code of the Russian Federation, the concept of jointly acquired property in a civil marriage, what rights a father has to a child
When the expression “civil marriage” is used in conversation, the speaker can mean both secular marriage and cohabitation. In this case, both concepts will correspond to the term we mentioned. For the purposes of this article, we will be interested in how civil marriage is defined in the Family Code of the Russian Federation in 2018. We will also give a definition of what jointly acquired property in a civil marriage is, and how property is divided in a civil marriage. In addition, in our article we will define the rights of a father to a child in a civil marriage.
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Civil marriage in the Family Code of the Russian Federation in 2019
Division of property in a civil marriage
Joint property
Division of unregistered property of an informal married couple
If what was purchased by cohabitants is not recorded as common property, dividing it may not be easy, especially if the issue cannot be resolved amicably. In this case, only an appeal to the courts with a claim for recognition of the right of common shared ownership and division into shares will help; on the allocation of a share from the common property.
To confirm in court the fact of running a joint household and purchasing property, you need to prepare the following evidence:
- cohabitation (timing, seriousness of intentions); maintaining a joint household (joint budget - joint income and expenses);
- joint purchase of property (confirmation of purchase, calculation of total income and expenses in the bank when receiving a loan,
Family Code of the Russian Federation- the main codified normative legal act regulating family relations on the territory of the Russian Federation. It was adopted instead of the previously existing KoBS of the RSFSR. The Family Code consists of eight sections, twenty-two chapters and 170 articles.
Structure of the Family Code
Section I. General provisions
Chapter 1. Family legislation
Chapter 2. Exercise and protection of family rights
Section II. Marriage
Chapter 3. Conditions and procedure for marriage
Chapter 4. Termination of marriage
Chapter 5. Invalidity of marriage
Section III. Rights and obligations of spouses
Chapter 6. Personal rights and obligations of spouses
Chapter 7. Legal regime of property of spouses
Chapter 8. Contractual regime of property of spouses
Chapter 9. Responsibility of spouses for obligations
Section IV. Rights and responsibilities of parents and children
Chapter 10. Establishing the origin of children
Chapter 11. Rights of minor children
Chapter 12. Rights and responsibilities of parents
Section V. Alimony obligations of family members
Chapter 13. Maintenance obligations of parents and children
Chapter 14. Alimony obligations of spouses and former spouses
Chapter 15. Alimony obligations of other family members
Chapter 16. Agreements on payment of alimony
Chapter 17. Procedure for payment and collection of alimony
Section VI. Forms of raising children without parental care
Chapter 18. Identification and placement of children left without parental care
Chapter 19. Adoption of children
Chapter 20. Guardianship and trusteeship of children
Chapter 21. Adoptive family
Chapter 22. Placement of children left without parental care in organizations for orphans and children left without parental care
Section VII. Application of family law to family relationships involving foreign citizens and stateless persons
Section VIII. Final provisions
Links
see also
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See what the “Family Code of the Russian Federation” is in other dictionaries: Family Code (Russian Federation) - (RF IC) systematized legislative act, came into force on March 1, 1996. The RF IC is the main the law regulating the conditions and procedure for marriage, termination of marriage, and recognition of its invalidity; property and personal...
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Big Encyclopedic Dictionary
A systematized legislative act that combines the rules that regulate relations arising from marriage and family membership...
Federal Law “Family Code of the Russian Federation” Number: 223 Federal Law Adopted by: the State Duma on December 8, 1995 Signed by: the President on December 29, 1995 Came into force ... Wikipedia encyclopedic Dictionary
FAMILY CODE- FAMILY CODE OF THE RUSSIAN FEDERATION. code of standard practice relating to the requirements for documents associated with the import of goods a document adopted by member countries of the GATT in 1952, is advisory in nature. In him… … Legal encyclopedia
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Family Code of the Russian Federation in the current version (with comments) as amended in 2019.
Comments are provided on the most frequently used rules of law in the articles of the Family Code of the Russian Federation in the resolution of disputes in the form of extracts from the explanations of the Supreme Court of the Russian Federation (the Plenum of the Supreme Court of the Russian Federation, reviews of judicial practice approved by the Presidium of the Supreme Court of the Russian Federation), as well as links to materials already published on our website ( articles, comments, reviews and summaries of judicial practice).
As changes and additions are made to the Family Code of the Russian Federation, as well as new clarifications from the Supreme Court of the Russian Federation appear, we will make amendments to the texts of articles of the Family Code of the Russian Federation and comments to them.
Below is the text current edition of the RF IC with the latest amendments introduced by Federal Law dated March 18, 2019 N 35-FZ. Specified the changes came into force on March 18, 2019 (rev. 36).
RUSSIAN FEDERATION
FAMILY CODE OF THE RUSSIAN FEDERATION
Section I. General provisions
Chapter 1. Family legislation
Basic principles of family law
. Relations regulated by family law
. Family legislation and other acts containing family law norms
. Application of civil law to family relations
. Application of family law and civil law to family relations by analogy
. Family law and international law
Chapter 2. Exercise and protection of family rights
Exercising family rights and fulfilling family responsibilities
. Protection of family rights
. Application of statute of limitations in family relationships
Section II. Conclusion and termination of marriage
Chapter 3. Conditions and procedure for marriage
Marriage
. Marriage procedure
. Conditions for marriage
. Marriage age
. Circumstances preventing marriage
. Medical examination of persons entering into marriage
Chapter 4. Termination of marriage
Grounds for ending a marriage
. Limitation of the husband’s right to file a claim for divorce
. Procedure for divorce
. Divorce in the civil registry office
. Consideration of disputes arising between spouses upon divorce in the civil registry office
. Divorce in court
. Divorce in court in the absence of consent of one of the spouses to divorce
. Divorce in court with mutual consent of the spouses to dissolve the marriage
. Issues resolved by the court when making a decision on divorce
. The moment of termination of marriage upon its dissolution
. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing
Chapter 5. Invalidity of marriage
Annulment of marriage
. Persons who have the right to demand that a marriage be declared invalid
. Circumstances eliminating the invalidity of a marriage
. Consequences of declaring a marriage invalid
Section III. Rights and obligations of spouses
Chapter 6. Personal rights and obligations of spouses
Equality of spouses in the family
. The right of spouses to choose a surname
Chapter 7. Legal regime of property of spouses
The concept of the legal regime of marital property
. Joint property of spouses
. Possession, use and disposal of common property of spouses
. Property of each spouse
. Recognition of the property of each spouse as their joint property
. Division of common property of spouses
. Determination of shares when dividing the common property of spouses
Chapter 8. Contractual regime of property of spouses
Marriage contract
. Conclusion of a marriage contract
. Contents of the marriage contract
. Change and termination of the marriage contract
. Invalidation of a marriage contract
Chapter 9. Responsibility of spouses for obligations
Foreclosure of property of spouses
. Guarantees of creditors' rights when concluding, amending and terminating a marriage contract
Section IV. Rights and responsibilities of parents and children
Chapter 10. Establishing the origin of children
The basis for the emergence of the rights and responsibilities of parents and children
. Establishing the origin of a child
. Establishing paternity in court
. Establishment by the court of the fact of recognition of paternity
. Entry of the child's parents in the birth register
. Challenging paternity (maternity)
. Rights and responsibilities of children born from unmarried persons
Chapter 11. Rights of minor children
The right of a child to live and be raised in a family
. The child’s right to communicate with parents and other relatives
. Child's right to protection
. The child’s right to express his or her opinion
. The child’s right to a first name, patronymic and last name
. Changing the child's first and last name
. Property rights of the child
Chapter 12. Rights and responsibilities of parents
Equality of rights and responsibilities of parents
. Rights of minor parents
. Rights and responsibilities of parents regarding the upbringing and education of children
. Rights and responsibilities of parents to protect the rights and interests of children
. Exercise of parental rights
. Exercise of parental rights by a parent living separately from the child
. The right to communicate with the child's grandparents, brothers, sisters and other relatives
. Protection of parental rights
. Deprivation of parental rights
. Procedure for deprivation of parental rights
. Consequences of deprivation of parental rights
. Restoration of parental rights
. Restriction of parental rights
. Consequences of restricting parental rights
. Contacts of a child with a parent whose parental rights are limited by the court
. Cancellation of restrictions on parental rights
. Removal of a child when there is an immediate threat to the child’s life or health
. Participation of the guardianship and trusteeship authority in court consideration of disputes related to the upbringing of children
. Execution of court decisions in cases related to raising children
Section V. Alimony obligations of family members
Chapter 13. Maintenance obligations of parents and children
Responsibilities of parents for the maintenance of minor children
. The amount of alimony collected from minor children in court
. Types of earnings and (or) other income from which alimony for minor children is withheld
. Collection of alimony for minor children in a fixed amount
. Collection and use of alimony for children left without parental care
. The right to child support for disabled adult children
. Participation of parents in additional expenses for children
. Responsibilities of adult children to support their parents
. Participation of adult children in additional expenses for parents
Chapter 14. Alimony obligations of spouses and former spouses
Responsibilities of spouses for mutual maintenance
. Ex-spouse's right to receive alimony after divorce
. The amount of alimony collected from spouses and former spouses in court
. Release of a spouse from the obligation to support the other spouse or limitation of this obligation for a period
Chapter 15. Alimony obligations of other family members
Responsibilities of brothers and sisters for the maintenance of their minor and disabled adult brothers and sisters
. Responsibilities of grandparents for the maintenance of grandchildren
. Obligation of grandchildren to support grandparents
. The duty of pupils to support their actual teachers
. Responsibilities of stepsons and stepdaughters to support their stepfather and stepmother
. The amount of alimony collected from other family members in court
Chapter 16. Agreements on payment of alimony
Conclusion of an agreement on the payment of alimony
. Form of agreement on payment of alimony
. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony
. Invalidation of an alimony payment agreement that violates the interests of the alimony recipient
. Amount of alimony paid under an alimony agreement
. Methods and procedure for paying alimony under an alimony agreement
. Indexation of the amount of alimony paid under an alimony agreement
Chapter 17. Procedure for payment and collection of alimony
Collection of alimony by court decision
. Deadlines for applying for alimony
. Collection of alimony until the dispute is resolved by the court
. Obligation of the organization's administration to withhold alimony
. Withholding of alimony based on an alimony agreement
. Obligation to report a change of place of work of a person obligated to pay alimony
. Foreclosing on the property of a person obligated to pay alimony
. Determination of alimony debt
. Exemption from payment of arrears of alimony and (or) arrears of penalties for late payment of alimony
. Responsibility for late payment of alimony
. Inadmissibility of offset and reverse collection of alimony
. Indexation of alimony
. Payment of alimony in the event of a person obligated to pay alimony leaving for a foreign country for permanent residence
. Changing the amount of alimony established by the court and exemption from paying alimony
. Termination of alimony obligations
Section VI. Forms of raising children without parental care
Chapter 18. Identification and placement of children left without parental care
Protecting the rights and interests of children left without parental care
. Identification and registration of children left without parental care
. Placement for children left without parental care
Chapter 19. Adoption of children
Children for whom adoption is permitted
. Procedure for adopting a child
. Registration of children subject to adoption and persons wishing to adopt children
. Inadmissibility of intermediary activities in the adoption of children
. Persons entitled to be adoptive parents
. Age difference between adoptive parent and adopted child
. Parental consent to adopt a child
. Adopting a child without parental consent
. Consent to the adoption of children by guardians (trustees), adoptive parents, heads of organizations in which there are children left without parental care
. Consent of the adopted child to adoption