of December 29, 1995 No. 223-FZ
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.
1. 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.
2. Application of rules of international treaties in their interpretation contradicting the Constitution of the Russian Federation, and also bases of law and order and morality is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
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.
2. Protection of the family rights is performed by the methods provided by the relevant articles of this Code, and also the different ways provided by the law.
1. On the requirements following from the family relations, limitation period does not extend, except as specified, if term for protection of the violated right is established by this Code.
2. In case of application of the regulations establishing limitation period, the court is guided by rules of Articles 198 - 200 and 202 - 205 Civil codes of the Russian Federation.
1. Scrap consists in bodies of civil registration.
1. Marriage is made at personal presence of persons marrying after month and no later than twelve months from the date of filing of application in body of civil registration in date and in time which are determined by persons marrying in case of submission by them of the statement for marriage.
In the presence of reasonable excuses the body of civil registration in the place of state registration of marriage can resolve marriage before the expiration of month from the date of filing of application about marriage.
In the presence of special circumstances (pregnancy, the birth of the child, direct threat of life of one of the parties and other special circumstances) it can be got married in day of filing of application.
2. State registration of marriage is made according to the procedure, established for state registration of acts of civil status.
3. The refusal of body of civil registration in registration of scrap can be appealed in court by persons wishing to marry (one of them).
1. Are necessary for marriage mutual voluntary consent of the man and woman, marrying, and achievement of age of consent by them.
2. It cannot be got married in the presence of the circumstances specified in article 14 of this Code.
1. The age of consent is established in eighteen years.
2. In the presence of reasonable excuses local government bodies at the place of residence of the persons who are wishing to marry, having the right to permit to marry at the request of these persons to persons which reached age of sixteen years.
The procedure and conditions in the presence of which marriage by way of exception taking into account special circumstances can be authorized before achievement of age of sixteen years can be established by the laws of subjects of the Russian Federation.
Marriage is not allowed between:
persons of whom at least one face already consists in other registered scrap;
close relatives (relatives on the direct ascending and descending line (parents and children, the grandfather, the grandmother and grandsons), full and not full (having general the father or mother) brothers and sisters);
adoptive parents and adopted;
persons from whom at least one face is recognized by court incapacitated owing to mental disturbance.
1. Physical examination of persons marrying and also consultation on medico-genetic questions and questions of planning of family are carried out by the medical organizations of the state health care system and municipal health care system for the place of their residence free of charge and only with the consent of persons marrying.
2. Results of inspection of person marrying are medical secret and can be told person with whom it intends to get married, only with the consent of person which underwent inspection.
3. If one of persons marrying hid availability of venereal disease or HIV infection from other person, the last has the right to take a legal action with the requirement about scrap recognition invalid (Article 27 - the 30th of this Code).
1. Scrap stops owing to death or owing to the announcement court of one of spouses the dead.
2. Scrap can be stopped by its termination according to the statement of one or both spouses, and also according to the statement of the guardian of the spouse recognized by court incapacitated.
The husband has no right without the consent of the wife to initiate proceedings on annulment of marriage during pregnancy of the wife and within year after the child's birth.
Annulment of marriage is made in bodies of civil registration, and in the cases provided by Articles 21 - 23 of this Code, judicially.
1. In case of mutual consent on annulment of marriage of the spouses who do not have general minor children, annulment of marriage it is made in bodies of civil registration.
it is recognized as court it is unknown absent;
it is recognized as court incapacitated;
it is condemned for crime execution to imprisonment for the term of over three years.
3. Annulment of marriage and issue of the certificate on annulment of marriage are made by body of civil registration after month from the date of filing of application about annulment of marriage.
4. State registration of annulment of marriage is made by body of civil registration according to the procedure, established for state registration of acts of civil status.
Disputes on the Section of common property of spouses, payment of funds for content of the needing disabled spouse, and also the disputes on children arising between spouses, one of whom is acknowledged as court incapacitated or it is condemned for crime execution to imprisonment for the term of over three years (Item 2 of article 19 of this Code), are considered judicially irrespective of annulment of marriage in bodies of civil registration.
1. Annulment of marriage is made judicially in the presence at spouses of general minor children, except as specified, stipulated in Item 2 articles 19 of this Code, or in the absence of the consent of one of spouses to annulment of marriage.
2. Annulment of marriage is made judicially also in cases if one of spouses, despite the absence of at it objections, evades from annulment of marriage in body of civil registration, including refuses to submit the application.
1. Annulment of marriage judicially is made if by court it is determined that further joint life of spouses and preserving family are impossible.
2. When considering the case about annulment of marriage in the absence of the consent of one of spouses to annulment of marriage the court has the right to take measures to conciliation of spouses and has the right to postpone case trial, having appointed spouses term for conciliation within three months.
Annulment of marriage is made if measures for conciliation of spouses were ineffectual and spouses (one of them) insist on annulment of marriage.
1. In the presence of mutual consent on annulment of marriage of the spouses having general minor children, and also the spouses specified in Item 2 of Article of 21 of this Code, court dissolves marriage without clarification of motives of divorce. Spouses have the right to submit for consideration of court the agreement on children, stipulated in Item 1 Articles 24 of this Code. In the absence of such agreement or if the agreement violates the interests of children, the court takes measures to protection of their interests according to the procedure, stipulated in Item 2 Articles 24 of this Code.
2. Annulment of marriage is made by court not earlier than the expiration of month from the date of submission of the declaration of avoidance of scrap by spouses.
1. In case of annulment of marriage judicially spouses can submit for consideration of court the agreement on that with which of them minor children, about payment procedure of funds for content of children and (or) the disabled needing spouse, about the sizes of these means or about the Section of common property of spouses will live.
2. If there is no agreement between spouses on the questions specified in Item 1 of this Article and also if it is determined that this agreement violates the interests of children or one of spouses, the court shall:
determine with which of parents minor children after the divorce will live;
determine from which of parents and in what sizes the alimony for their children is collected;
upon the demand of spouses (one of them) to make the Section of the property which is in their joint property;
upon the demand of the spouse having the right to content from other spouse to determine the amount of this content.
3. If the Section of property infringes on interests of the third parties, the court has the right to select the requirement about the Section of property in separate production.
1. The marriage dissolved in bodies of civil registration stops from the date of state registration of annulment of marriage in the book of civil registration, and in case of annulment of marriage in court - from the date of the introduction of the judgment in legal force.
2. Annulment of marriage in court is subject to state registration according to the procedure, established for state registration of acts of civil status.
The court shall within three days from the date of the introduction in legal force of the judgment about annulment of marriage send the statement from this judgment to body of civil registration in the place of state registration of marriage.
Spouses have no right to enter new scrap before receipt of the certificate on annulment of marriage in body of civil registration at the place of residence of any of them or in the place of state registration of marriage.
1. In case of appearance of the spouse announced by court the dead or recognized by court it is unknown absent, and cancellations of the corresponding judgments scrap can be recovered by body of civil registration according to the joint statement of spouses.
2. Scrap cannot be recovered if other spouse entered new scrap.
1. Scrap is nullified in case of violation of the conditions established by Articles 12 - 14 and Item 3 of article 15 of this Code, and also in case of the conclusion of sham marriage that is if spouses or one of them registered scrap without intention to establish family.
2. Scrap recognition by invalid is made by court.
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