On behalf of the Russian Federation
of March 2, 2021 No. 4-P
On the case of check of constitutionality of Item 1 of article 52 of the Family code of the Russian Federation, Item of 1 part one of Article 134 and paragraph two of article 220 of the Civil Procedure Code of the Russian Federation in connection with the claim of the citizen O. S. Shishkina
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of Item 1 of article 52 of the Family code of the Russian Federation, Item of 1 part one of Article 134 and paragraph two of Article 220 GPK of the Russian Federation.
Reason for consideration of the case was the claim of the citizen O. S. Shishkina. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the declarant of legislative provision.
Having heard the message of the judge-speaker L. O. Krasavchikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 1 of article 52 of the Family code of the Russian Federation the entry of parents in the blotter of births made according to Items 1 and 2 of article 51 of this Code can be disputed only judicially upon the demand of the face which is written down as the father or mother of the child, or person, actually being the father or mother of the child, and also the child on reaching it of age of majority, the guardian (custodian) of the child, the guardian of the parent recognized by court incapacitated.
Owing to Item of 1 part one of Article 134 GPK of the Russian Federation the judge refuses adoption of the action for declaration if the statement is subject to consideration according to the procedure of the constitutional or criminal trial, production on cases on administrative offenses or is not subject to consideration in courts; the statement is shown in protection of the rights, freedoms or legitimate interests of other person by state body, local government body, the organization or the citizen which by this Code or other Federal Laws are not granted such right; in the application submitted on its own behalf acts which do not affect the right, freedoms or legitimate interests of the applicant are disputed.
According to the paragraph the second Articles 220 GPK of the Russian Federation if there are bases, stipulated in Item 1 parts one of article 134 of this Code, court stop proceeedings.
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