Family code of the Russian Federation family. Family Code of the Russian Federation. Changes made to the Family Code

53. "Family Code of the Russian Federation" - the main characteristic of the main provisions of family law.

The main source of family law is the Family Code of the Russian Federation. 1995 Family Code of the Russian Federation- basic normative legal act regulating family relations in the territory RF. It contains sections on the conclusion and termination of marriage, on the rights and obligations of spouses, parents, children, on alimony, O forms of education of children left without parental care. Family law is a set of rules governing relations arising from marriage, kinship, adoption, as well as the adoption of children in a family for upbringing. The relations of family members, settled in the norms of family law, appear before us in the form of family legal relations. Subjects of family legal relations are family members. Objects of family relations are actions of family members (for example, actions of a father in paying alimony, actions of parents in raising children) or things (for example, things constituting the joint property of spouses). And the content of family legal relations is understood as the rights and obligations of family members. Grounds for the emergence of family relations can be both actions and events. Examples of lawful actions are acknowledgment of paternity, voluntary actions to provide maintenance to the child, the placement of the child in school. Actions can be illegal. For example, marriage to a minor, refusal to pay maintenance to a child entails the emergence of certain legal consequences related to the protection of the interests of subjects of family legal relations. Marriage in family law- This is a voluntary, equal union of a man and a woman, concluded in compliance with certain rules in order to create a family. In order to conclude a marriage, the mutual consent of the persons entering into marriage and the achievement of marriageable age by them is necessary. The marriageable age is set at 18 years, in exceptional cases it can be lowered. Marriage is not allowed between persons of whom at least one is already married to another, as well as between relatives of a certain degree of kinship and those who are incapacitated. Violation of these conditions entails the recognition of the marriage invalid by the court. The main principles of family law are: 1) the principle of voluntary marriage - that is, the very choice of a spouse and marriage depend solely on the desire of the persons entering into marriage; 2) the principle of monogamy (monogamous marriage) is simply not acceptable when concluding a marriage union, if the person, at that time, is already in another previously registered marriage; 3) the principle of recognizing a marriage union concluded only in the registry office. All marriages concluded with the use of religious rites, or simply the actual state in family relations, without registering the marriage itself with the registry office, is a private matter for each citizen, while entailing absolutely no legal consequences; 4) the principle of marital equality - means the equality of freedoms and rights of both spouses; 5) the principle of priority during the upbringing of children in the family, care for their development and well-being, full protection of the interests and rights of persons under the age of majority and incompetent family members. This principle is based on ensuring the trends of the updated family legislation, that is, the child himself is considered as an independent legal entity. 6) In the Russian constitution, there is a principle of equality of citizens regardless of race, gender, language, nationality, origin, property and other status. This constitutional principle of the Family Code of the Russian Federation includes provisions that reject absolutely any form of legal restrictions on citizens when entering into marriage, and in family relations, on the basis of racial, social, national, linguistic or religious affiliation. 7) the principle of resolving issues arising within the family by mutual agreement. The theory of family law says that the family is a community of persons living together, united by the rights and obligations enshrined in the Family Code. Highlight the trace. P family traits: cohabitation, mutual rights and obligations of family members Caring for the family is one of the most important tasks of the Russian state. In accordance with the Constitution of the Russian Federation, "the family is under the protection of the state." This constitutional provision is an important guarantee of the strengthening and development of relations in the family, serves as the basis for the implementation of the tasks facing the state and society to protect the rights and interests of the family.

Family Code of the Russian Federation in the current edition (with comments) as amended in 2019.

The most frequently used in resolving disputes rules of law of the articles of the Family Code of the Russian Federation are commented in the form of extracts from the clarifications 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 generalizations 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, we will make changes to the texts of the articles of the Family Code of the Russian Federation and comments to them.

Below is the text the current version of the RF IC with the latest amendments made by Federal Law No. 35-FZ of March 18, 2019. 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 Law

Basic principles of family law
. Relationships regulated by family law
. Family law and other acts containing family law
. Application to family relations of civil law
. Application of family law and civil law to family relations by analogy
. Family law and international law

Chapter 2. Implementation and protection of family rights

Exercise of family rights and fulfillment of family obligations
. Protection of family rights
. Application of the statute of limitations in family relations

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for entering into marriage

Marriage
. The procedure for concluding a marriage
. Conditions for marriage
. Marriage age
. Circumstances preventing marriage
. Medical examination of persons entering into marriage

Chapter 4

Grounds for termination of marriage
. Restriction of the husband's right to file a demand for divorce
. The procedure for dissolution of marriage
. Dissolution of marriage in the registry office
. Consideration of disputes arising between spouses upon dissolution of marriage in the civil registry offices
. Divorce in court
. Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage
. Dissolution of marriage in a judicial proceeding with the mutual consent of the spouses to dissolve the marriage
. Issues resolved by the court when making a decision on the dissolution of marriage
. 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

Recognition of marriage invalid
. Persons entitled to demand recognition of marriage as 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 their last name

Chapter 7. Legal Regime of Spouses' Property

The concept of the legal regime of property of spouses
. Joint property of the 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 in the division of the common property of the spouses

Chapter 8. Contractual regime of property of spouses

Marriage contract
. Conclusion of a marriage contract
. The content of the marriage contract
. Change and termination of the marriage contract
. Recognition of the marriage contract as invalid

Chapter 9. Responsibility of spouses for obligations

Foreclosure on the property of spouses
. Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract

Section IV. Rights and obligations of parents and children

Chapter 10

The basis for the emergence of the rights and obligations of parents and children
. Establishing the parentage of a child
. Establishing paternity in court
. Establishment by the court of the fact of recognition of paternity
. Recording the child's parents in the birth register
. Contesting paternity (maternity)
. Rights and obligations of children born to unmarried persons

Chapter 11. Rights of minor children

The right of the child to live and be brought up in a family
. The right of the child to communicate with parents and other relatives
. The child's right to protection
. The right of the child to express his opinion
. The child's right to a given name, patronymic and surname
. Changing the name and surname of the child
. Property rights of the child

Chapter 12. Rights and obligations of parents

Equality of rights and obligations of parents
. Rights of minor parents
. The rights and obligations of parents in the upbringing and education of children
. Rights and obligations 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 of grandfather, grandmother, brothers, sisters and other relatives
. Parental protection
. Deprivation of parental rights
. The 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 Parental Restrictions
. Removal of a child in case of a direct threat to the child's life or health
. Participation of the body of guardianship and guardianship in the consideration by the court of disputes related to the upbringing of children
. Enforcement of court decisions in cases related to the upbringing of children

Section V. Maintenance Obligations of Family Members

Chapter 13. Maintenance obligations of parents and children

Responsibilities of parents regarding the maintenance of minor children
. The amount of alimony collected for minor children in court
. Types of earnings and (or) other income from which maintenance is deducted for minor children
. Recovery of alimony for minor children in a fixed amount of money
. Recovery and use of alimony for children left without parental care
. The right to alimony for disabled adult children
. Participation of parents in additional expenses for children
. Responsibilities of adult children for the maintenance of parents
. Participation of adult children in additional expenses for parents

Chapter 14. Maintenance obligations of spouses and former spouses

Duties of spouses for mutual support
. The right of the former spouse to receive alimony after the dissolution of the marriage
. The amount of alimony levied on 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. Maintenance obligations of other family members

Obligations of brothers and sisters to support their minors and disabled adult brothers and sisters
. Responsibilities of grandparents for the maintenance of grandchildren
. Duty of grandchildren to support grandparents
. The obligation of pupils to support their actual educators
. Responsibilities of stepsons and stepdaughters for the maintenance of stepfather and stepmother
. The amount of alimony levied on other family members in court

Chapter 16

Conclusion of an agreement on the payment of alimony
. Support agreement form
. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony
. Recognition as invalid of an agreement on the payment of alimony that violates the interests of the recipient of alimony
. Amount of alimony paid under an agreement on the payment of alimony
. Methods and procedure for paying alimony under an agreement on the payment of alimony
. Indexation of the amount of alimony paid under an agreement on the payment of alimony

Chapter 17

Recovery of alimony by court order
. Deadlines for claiming child support
. Collection of alimony until the dispute is resolved by the court
. The obligation of the administration of the organization to withhold alimony
. Withholding child support based on an agreement on the payment of alimony
. Obligation to report a change in the place of work of a person obliged to pay alimony
. Foreclosure on the property of a person obliged to pay alimony
. Determining child support arrears
. Exemption from payment of debt on alimony and (or) debt on payment of a penalty for late payment of alimony
. Liability for late payment of alimony
. Inadmissibility of set-off and reverse recovery of alimony
. Alimony indexation
. Payment of alimony in the event of departure of a person obliged to pay alimony to a foreign state for permanent residence
. Changing the amount of alimony established by the court and exemption from paying alimony
. Termination of maintenance obligations

Section VI. Forms of education of children left without parental care

Chapter 18

Protection of the rights and interests of children left without parental care
. Identification and registration of children left without parental care
. Arrangement for children left without parental care

Chapter 19

Children in relation to whom adoption (adoption) is allowed
. Procedure for adopting a child
. Accounting for children to be adopted and persons wishing to adopt children
. Inadmissibility of intermediary activities for the adoption of children
. Persons eligible to be adoptive parents
. Age difference between adopter and adoptee
. Parental consent to adopt a child
. Adoption of a child without parental consent
. Consent to the adoption of children of guardians (custodians), adoptive parents, heads of organizations in which there are children left without parental care
. Consent of the adopted child to adoption

The Family Code of the Russian Federation is the main legal document regulating, together with the Constitution of the Russian Federation and the norms of international law, family relationships on Russian territory.

Family relations are also regulated by other legislative acts:

• Civil Code of the Russian Federation, articles 3, 4, 5, 292;
• Federal Law No. 81 “On State Benefits for Citizens with Children”;
• Federal Law No. 178 "On nationwide social assistance";

"Family Code of the Russian Federation" dated December 29, 1995 No. 223-FZ was adopted by the participants of the State Duma on December 08, 1995. The actual law replaced the Code on Marriage and Family of the RSFSR.

Family legal acts are aimed at regulating personal property and non-property relationships between family members, and also determine the principles and procedure for concluding and dissolving a marriage, declaring a marriage invalid and other provisions related to the rights and interests of family members.

The structure of this code on marriage and the family of the Russian Federation includes 8 sections, 22 chapters and 170 articles:

• Section 1. Main provisions of the code. Chapters 1-2, Articles 1 to 9. Establishes the main terms, conditions and principles of this document;
• Section 2 Conclusion and dissolution of marriage. Chapters 3-5, articles 10 to 30. This section contains the principles and procedure for concluding, dissolving and recognizing the invalidity of marriage;
• Section 3 Powers and obligations of spouses. Chapters 6-9, articles 31 to 46. The rights, duties and responsibilities of both spouses are regulated;
• Section 4. Powers and obligations of parents and children. Chapters 10-12, articles 47 to 79. Explains the rights, duties and responsibilities of parents and children;
• Section 5 Alimony obligations of all family members. Chapters 13-17, articles 80 to 120. Alimony payments to spouses, parents, children and other family members, as well as forms, methods, amounts, conditions and terms for their payment are established;
• Section 6 Principles of upbringing of children left without parental and (or) official guardianship. Chapters 18-22, articles 121 to 155.3. The procedure and conditions for raising orphans and children left without parental care are described in detail;
• Section 7(Articles 156-167). Application of family law to family relationships involving foreign citizens and stateless persons. Defines the provisions that govern family relationships involving foreigners and stateless persons;
• Section 8(Articles 168-170). Final provisions of the code. Contains: the process of enacting this law into force; implementation of norms and legislative acts of the Family Code of the Russian Federation.

Today, minors can commit acts that are on the verge of what is permitted. "On the basics of the system for the prevention of neglect and juvenile delinquency" will help you figure it out.

Download 223 FZ Family Code

The main concepts of the relevant code are: family, family legal relations, marriage and prenuptial agreement. A family is a small social group based on marriage or consanguinity, whose members have common domestic relationships and are characterized by responsibility and mutual assistance. These legal relationships are established by family law.

Marriage is the registration in national services of family ties between people, which are determined by mutual rights and obligations in relation to each other.

The legislation of the Russian Federation provides for the possibility of concluding a marriage contract. This agreement establishes the material rights and obligations of the husband and wife in marriage or in the event of its dissolution.

The Family Code is based on the following main principles:

• consensual marriage;
• equality of rights between spouses;
• the priority is always the upbringing of children, as well as care for their well-being and development;
• strengthening the family, building family relationships on feelings of mutual love and respect, mutual assistance and responsibility to all family members.

Download "Family Code of the Russian Federation" dated December 29, 1995 No. 223-FZ in the latest edition .

Changes made to the Family Code

The last amendments to this Code were made on May 1, 2017. The innovations concern the guardianship of minor children whose parents are not officially married, as well as an act that may serve as a basis for deprivation of parental rights.

Changes were made to the following articles of the "Family Code of the Russian Federation" dated December 29, 1995 No. 223-FZ:

Article 58

Change paragraph 2 of Art. 58 of the Family Code and supplement it with the following text: “When parents choose a child’s name, it is forbidden to use numbers, letters and numbers, numerals in his name. The exception is "hyphen".

According to the new version of this code, paragraph 3 shall be stated as follows: “The surname of a newborn child is determined by the surname of his parents. If the parents have different surnames, then by mutual agreement of the parents, the child may be given the surname of the father or the surname of the mother. The Family Code of the Russian Federation provides for the possibility of assigning a double surname, which can be formed by adding the father's surname to the mother's surname. A double surname can only consist of two words connected by a hyphen.

Art. 66 p. 4

In accordance with the changes, parents who live separately from their children have the right to request information about their child from educational institutions, medical organizations and public service institutions. By law, parents can be denied information only if there is a threat to the life and health of the child. The corresponding refusal can be appealed in court.

Article 69 of the Family Code

Amend the third paragraph of Article 69 and state it as follows: "refuse without good reason to take a newborn child from the maternity ward, or from another medical institution."

Article 85 paragraph 2

The corresponding article establishes the procedure for the collection and use of alimony for children left without parental care. There were several changes to the first paragraph of paragraph 2: "Alimony, which are collected from parents for children left without parental care and located in educational, medical and public institutions, are transferred to the accounts of these organizations."

Article 131

Paragraph three of paragraph 1 of Art. 131 amended as follows: “For the adoption (adoption) of children who are left without parental care and who are in medical, educational, public institutions, the written consent of the heads of these organizations should be obtained.”

1. Family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state.

2. The regulation of family relations is carried out in accordance with the principles of voluntary marriage of a man and a woman, equality of rights of spouses in the family, resolution of intra-family issues by mutual agreement, priority of family upbringing of children, concern for their welfare and development, ensuring priority protection of the rights and interests of minors and disabled family members.

Any form of restriction of the rights of citizens when entering into marriage and in family relations on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.

3. Recognized marriage, concluded only in the registry offices of civil status.

State registration of marriage is carried out in the manner established for state registration of acts of civil status.

4. Conditions for concluding a marriage: for concluding a marriage, the mutual voluntary consent of the man and woman entering into marriage and the achievement of marriageable age are required.

The marriageable age is set at eighteen.

5. Circumstances preventing marriage:

marriage is not allowed between persons, of which at least one person is already in another registered marriage; close relatives; adoptive parents and adopted children; persons, of which at least one person has been recognized by the court as incapable due to a mental disorder.

6. Grounds for termination of marriage:

Marriage is terminated due to death or due to a court declaring one of the spouses dead;

Marriage may be terminated by dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse who has been recognized by the court as legally incompetent.

7. Procedure for dissolution of marriage:

The dissolution of a marriage is carried out in the civil registry offices (with mutual consent to the dissolution of the marriage of spouses who do not have common minor children; at the request of one of the spouses, regardless of whether the spouses have common minor children, if the other spouse is recognized by the court as missing or incapacitated; convicted of committing a crime to imprisonment for a term exceeding three years);

Divorce in court (if the spouses have common minor children or in the absence of the consent of one of the spouses to the dissolution of the marriage; if one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the civil registry office).

8. Recognition of marriage as invalid:

in case of violation of the conditions established by the Family Code, as well as in the event of a fictitious marriage, that is, if the spouses or one of them registered the marriage without the intention of creating a family. A marriage is declared invalid by a court.

9. Establishing the rights and obligations of spouses:

Personal: equality of spouses in the family (each of the spouses is free to choose their occupation, profession, place of stay and residence), the right to choose a surname for the spouses;

Property: two possible modes -

A) legal - joint property regime (property acquired by the spouses during marriage is their joint property; possession, use and disposal of the common property of the spouses are carried out by mutual consent of the spouses; when dividing the common property of the spouses and determining shares in this property, the shares of the spouses are recognized as equal );

B) contractual - the mode of the marriage contract (the marriage contract is concluded in writing and is subject to notarization).

10. Establishing the rights and obligations of parents and children

Establishing the origin of children (on the basis of documents confirming the birth of a child by a mother in a medical institution, and in the case of a child born outside a medical institution, on the basis of medical documents, testimonies or other evidence; in the case of a child born to parents who are not married to each other , and in the absence of a joint application of the parents or the application of the child's father, the child's origin from a particular person (paternity) is established in court at the request of one of the parents).

The rights of minor children (to live and be brought up in a family; to communicate with parents and other relatives; to protect; to express their opinion; to the name, patronymic and surname; to receive maintenance from their parents and other family members);

The rights and obligations of parents (on the upbringing and education of children; on the protection of the rights and interests of children).

11. Possibility of deprivation of parental rights (if parents: evade fulfilling the duties of parents, including in case of malicious evasion from paying alimony; refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from other similar institutions; abuse their parental rights; abuse children, including physically or mentally abuse them, encroach on their sexual inviolability; are ill with chronic alcoholism or drug addiction; have committed a deliberate crime against the life or health of their children or against the life or health of a spouse) and the removal of a child in case of a direct threat to the child's life or health.

12. Maintenance obligations:

Parents and children (in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of parents; able-bodied adult children are obliged to support and take care of their disabled parents in need of assistance);

Spouses on mutual maintenance (the right to demand the provision of alimony in court from the other spouse who has the necessary means for this have: a disabled needy spouse; a wife during pregnancy and within three years from the date of birth of a common child; a needy spouse caring for a common a disabled child until the child reaches the age of eighteen years or for a common child - disabled since childhood of group I).

Other family members (brothers and sisters for the maintenance of their minors and disabled adult brothers and sisters; grandparents for the maintenance of grandchildren, etc.).

13. Forms of education of children left without parental care:

A) transfer to the upbringing in the family -

Adoption (adoption),

Guardianship (guardianship); guardianship is established over children under the age of fourteen years, guardianship is established over children aged fourteen to eighteen years;

Foster family (formed on the basis of an agreement on the transfer of a child (children) for upbringing in a family; a child (children) who has not reached the age of majority is transferred for upbringing in a foster family for the period provided for by the specified agreement);

B) transfer to institutions for orphans or children left without parental care, of all types (educational institutions, including family-type orphanages, medical institutions, social welfare institutions and other similar institutions).

Problems in the family, solved at the level of legislation, were, are and will be.

But many, faced with this or that unpleasant situation, resolve all issues on their own, while adding even more fuel to the fire and finally spoiling relationships with loved ones. Such phenomena are generated 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 RF SC?

The Family Code of the Russian Federation is a special legislative act that unites the norms governing relations 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 UK includes the most important bills aimed at regulating family relations, raising and caring for children, etc.

The structure of the RF IC includes:

Family law;

Protection of family rights;

Conclusion and dissolution of marriage;

Duties of the spouses;

Rights to property acquired during marriage;

The order of payment and collection of alimony for children;

Rights of minor children;

Parenting;

Responsibility and rights of parents.

Why do we need a Family Code?

SC 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 the creation of a family is clearly spelled out in the UK.

Also, this document helps to resolve issues regarding alimony. Based on the legislation, one of the parents can be involved in the payment of maintenance both voluntarily and forcibly. And in case of malicious evasion of these duties, the payer may be charged with serious charges, and, accordingly, severe penalties.

In accordance with the RF IC, the adoption of children in the country takes place under certain conditions, which are also clearly spelled out in this document.

The rights of parents and children in the Family Code help resolve disputes that arise in the relationship of a child and his mother, father or guardians.

In a 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).

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