of December 29, 1995 No. 223-FZ
1. The family, motherhood, paternity and the childhood are in the Russian Federation under protection of the state.
The family legislation proceeds from need of strengthening of family, creation of the family relations on feelings of mutual love and respect, mutual assistance and responsibility to family of all her members, inadmissibility of any intervention someone in cases of family, ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights.
2. The scrap concluded only in bodies of civil registration is recognized.
4. Any forms of restriction of the rights of citizens in case of marriage are forbidden and in the family relations on signs of social, racial, national, language or religious affiliation.
The rights of citizens in family can be limited only based on the Federal Law and only in that measure in what it is necessary for the purpose of protection of morality, health, the rights and legitimate interests of other family members and other citizens.
The family legislation establishes procedure and protection of the family rights, conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in cases and in the limits provided by the family legislation between other relatives and other persons, determines procedure for identification of children without parental support, forms and procedure for their device in family, and also their temporary device, including in the organization for orphan children and children without parental support.
1. According to the Constitution of the Russian Federation the family legislation is under joint authority of the Russian Federation and subjects of the Russian Federation.
2. The family legislation consists of of this Code and other Federal Laws accepted according to it (further - the laws), and also the laws of subjects of the Russian Federation.
The laws of subjects of the Russian Federation govern the family relations which are specified in Article 2 of this Code, on the questions carried to maintaining subjects of the Russian Federation by this Code and on the questions which are not settled by directly this Code.
The regulations of law of domestic relations containing in the laws of subjects of the Russian Federation shall correspond to this Code.
3. On the basis and in pursuance of of this Code, other laws, presidential decrees of the Russian Federation the Government of the Russian Federation has the right to adopt regulatory legal acts in the cases which are directly provided by this Code, other laws, presidential decrees of the Russian Federation.
To the property and personal non-property relations between family members called in Article 2 of this Code not settled by the family legislation (Article 3 of this Code), the civil legislation is applied so far as it does not contradict being of the family relations.
If the relations between family members are not settled by the family legislation or the agreement of the parties, and in the absence of the regulations of the civil law which are directly governing the specified relations to such relations if it does not contradict their being, the regulations of the family and (or) civil law governing the similar relations (analogy of the law) are applied. In the absence of such rules of law and obligation of family members are determined proceeding from the general beginnings and the principles of the family or civil law (analogy is right), and also the principles of humanity, rationality and justice.
If the international treaty of the Russian Federation establishes other rules, than those which are provided by the family legislation are applied rules of the international treaty.
1. Citizens at discretion dispose of the rights belonging to them following from the family relations (the family rights) including right of defense of these rights if other is not established by this Code.
Implementation by members of the family of the rights and execution of the obligations by them shall not violate the rights, freedoms and legitimate interests of other family members and other citizens.
2. The family rights are protected by the law, except as specified, if they are performed in contradiction with purpose of these rights.
1. Protection of the family rights is performed by court on civil procedure rules, and in the cases provided by this Code, state bodies, including guardianship and custody bodies.
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