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of May 16, 2017 No. 16

About application of the legislation by courts by hearing of cases, the children connected with establishment of origin

The constitution of the Russian Federation it is proclaimed that motherhood and the childhood, family are under protection of the state, and care of children, their education - the equal right and obligation of parents (parts 1 and 2 of Article 38).

Each child has the right to live and be brought up in family as far as it is possible, the right to know the parents, the right to their care, the right to accommodation, joint with them, except as specified, when it contradicts its interests, and also the right to education by the parents, ensuring its interests, all-round development, respect of its human dignity (Article 7 - 8, Item 1 of article 9 of the Convention on the Rights of the Child, Item 2 of article 54 of the Family code of the Russian Federation).

For the purpose of ensuring unity of practice of application by courts of the legislation by hearing of cases, the children connected with establishment of origin, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. The origin of children certified in the procedure established by the law is the basis for emergence of the rights and obligations of parents and children (article 47 of the Family code of the Russian Federation).

Such procedure, according to the Federal Law of November 15, 1997 No. 143-FZ "About acts of civil status" (further - the Federal Law of November 15, 1997 No. 143-FZ), is state registration of the birth therefore the origin of the child becomes dispositive fact and generates consequence in law.

State registration of the birth is made by means of creation of the birth statement in which are entered including data on the child's parents (Item 2 of Article 6, article 22 of the Federal Law of November 15, 1997 No. 143-FZ).

The record about mother and (or) the child's father made by body of civil registration according to Items 1 and 2 of article 51 of the Family code of the Russian Federation (further - the IC RF), and also the certificate of birth of the child granted based on such record the child's origins from persons specified in them confirm the fact (Item 2 of Article 6, Item 1 of Article 8, Article 17, Item 1 of Article 57, Article 69, Item 2 of article 73 of the Federal Law of November 15, 1997 No. 143-FZ).


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