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of January 12, 1996 No. 8-FZ

About burial and funeral case

(The last edition from 23-05-2018)

Accepted by the State Duma on December 8, 1995

Chapter I. General provisions

Article 1. Tasks of this Federal Law

This Federal Law governs the relations connected with burial of the dead and establishes:

1) guarantees of burial of the dead taking into account the declaration of will expressed by person during lifetime and wishes of relatives;

2) guarantees of provision of financial and other support for burial of the dead;

3) health and ecological requirements to the choice and content of places of burial;

4) bases of the organization of funeral case in the Russian Federation as independent type of activity.

Article 2. Legislation of the Russian Federation on burial and funeral case

1. The legislation of the Russian Federation on burial and funeral case consists of this Federal Law and other Federal Laws accepted according to it, other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation.

2. If the international treaty of the Russian Federation establishes other rules than provided by this Federal Law, then rules of the international treaty are applied.

Article 3. Burial

This Federal Law determines burial as ceremonial actions for burial of body (remains) of the person after his death according to the customs and traditions which are not contradicting health and other requirements. Burial can be performed by the bringing of body (remains) of the dead to the earth (burial in grave, crypt), to fire (cremation with the subsequent burial of ballot box with ashes), water (burial in water according to the procedure, determined by regulatory legal acts of the Russian Federation).

Article 4. Places of burial

1. Places of burial are the land areas allocated according to ethical, health and ecological requirements with the cemeteries constructed on them for burial of bodies (remains) of the dead, grief walls for burial of ballot boxes with ashes of the dead (ashes after burning of bodies (remains) of the dead, further - ashes), crematoriums for the bringing of bodies (remains) of the dead to fire, and also other buildings and constructions intended for implementation of burial of the dead. Places of burial can belong to the objects having cultural and historical value.

2. The created, and also existing places of burial are not subject to demolition and can be transferred only according to the decision of local government bodies in case of threat of permanent floodings, landslides, after earthquakes and other natural disasters.

Article 5. Declaration of will of person about the worthy relation to his body after death

1. Declaration of will of person about the worthy relation to his body after death (further - declaration of will of the dead) - the wish expressed in oral form in the presence of witnesses or in writing:

about consent or disagreement to be subjected to pathoanatomical opening;

about consent or disagreement to removal of organs and (or) fabrics from his body;

be buried on this or that place on these or those customs or traditions, near this or that earlier died;

be subjected to cremation;

about trust to perform the declaration of will to this or that person.

1.1. In case of assignment by the testator on one or several beneficiaries under a will or under the law of obligation on implementation of burial of the testator according to its will (Article 1139 of the Civil code of the Russian Federation) the priority has the declaration of will of the dead expressed in the will.

2. Actions on worthy of the relation to body of the dead shall be performed in full accordance with declaration of will of the dead if there were no circumstances under which execution of declaration of will of the dead is not possible, or other is not established by the legislation of the Russian Federation.

3. In case of lack of declaration of will of the dead the spouse, close relatives (the children, parents adopted adoptive parents, brothers and sisters, grandsons, the grandfather, the grandmother), other relatives or the legal representative of the dead have the right to permission of the actions specified in Item 1 of this Article, and in the absence of those the other persons who undertook obligation to perform burial of the dead.

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