Family law system in the Russian Federation

The state's interest in regulating family relations is expressed in Article 7 of the Constitution, according to which the country provides support for paternity, motherhood, childhood and family. At present, the problems existing in this area are becoming increasingly important.

System of Family Law of the Russian Federation: Definition

The sphere in question is a complex of different institutions and positions that are expressed in the structural components of the UK. To date, the Code has 8 sections, 21 chapters, 171 articles. положения, регулирующие вопросы: The system of family law includes provisions regulating the issues:

1. Marriage.
2. Duties and rights of spouses.
3. Parental legal relationship.
4. Alimentary obligations.
5. Forms of upbringing of minors who have remained without parental care.
6. Relations with the participation of foreigners and stateless persons.

Historical reference

на Руси существовала на основе традиций и обрядов. The system of family law in Russia existed on the basis of traditions and rituals. Relations arising between people were regulated by customs. Номокан. The first law, which enshrined the system of family law, is Nomokan. He represented a meeting in which mainly canonical rules and secular resolutions of the Byzantine emperors were present. Nomokan began to be used in Russia after the adoption of Christianity. In this collection there was an interpretation of the concept of marriage. закреплялась и в Своде 1551 г., а также Уложении 1648 года во времена правления Петра Первого, ключевыми положениями, регулирующими эту сферу, были Указы 1714 и 1722 гг. The system of family law was also fixed in the Code of 1551, and also in the Regulations of 1648 during the reign of Peter the Great, the key provisions regulating this sphere were the decrees of 1714 and 1722. регулировалась Сводом законов. In the late 19th and early 20th centuries, the system of family law was governed by the Code of Laws. This act was fundamental up to the October Revolution. After 1917, the Decree on Children, Civil Marriage and Other Acts was adopted. In 1918, on October 22, the first codified legal code was approved. It consisted of laws regulating acts of civil status, marriage, custody. Since 1926 an updated Code began to operate in the country. In the years of the Second World War, decrees were approved, aimed at strengthening assistance to pregnant women, single mothers and mothers with many children. These acts also established awards for women who made a special contribution to the development of the family institute in the country. From 1969 to 1996 the Code was renewed. Since March 1, 1996, it has lost its force in connection with the approval of the new SC.

Specificity of the concept

At present, there are several approaches, according to which the system of family law is treated. ей присущи определенные признаки. As branches of law, it has certain characteristics. In particular, it consists of a set of provisions that regulate the relevant relationship. комплекс знаний о тех или иных явлениях, происходящих в сфере личных отношений между людьми. In addition, the family law system is a set of knowledge about certain phenomena occurring in the sphere of personal relations between people. Today, many institutes teach discipline, within the framework of which the study of existing legislative acts, the peculiarities of regulation of relations in this area is carried out.

Subject

регулирует комплекс специфических отношений. The family law system of the Russian Federation regulates a set of specific relations. They are formed between a man and a woman who enter into marriage. Meanwhile, neither earlier nor in the current time is the concept of the family fixed in the legislation. In the current Codes, this term is treated differently. In science, the concept is considered in legal and sociological terms. In the latter case, the family is called a union of citizens based on marriage, actual marital relations and kinship, taking on the upbringing of minors. These relations are characterized by a common interest, life, mutual care. From the legal point of view, the family acts as a circle of persons who are bound by duties and rights arising from kinship, marriage, adoption or other form of adoption for the upbringing of children.

Classification

In Presidential Decree No. 712 of 14.05.1996 in paragraph 3, the concepts of an incomplete, complex and simple family are given. In the latter there are spouses with or without children. A complex family consists of two or more couples. For example, when a husband and his wife live with someone's parents. Incomplete families include, as a rule, single mothers, divorced and widows with one, rarely two children.

Participants in the relationship

Family members can be determined on the basis of an analysis of the composition of the subjects of relations regulated by this branch of law. To them it is possible to carry:

1. Spouses, whose marriage is registered in the registry office.
2. Children and parents.
3. Grandchildren and grandparents.
4. Sisters, brothers and other relatives.
5. Adopted and adoptive parents.
6. Trustees, trustees and wards.
7. Adopted children and their parents.
8. Stepmothers, stepfathers, stepdaughters and stepchildren.
9. Actual educators and their pupils.

Features of regulation

. The family law system consists of general and special regulations . They apply to property and non-property relations in marriage. It is worth noting that the emerging interactions are in many respects similar to civil-law relations between entities. The method of regulation is the same. Meanwhile, the family law system consists of norms, the peculiarities of which are related to the specifics of the relationship. Among the key features of these interactions, it should be noted:

1. The production of property relations from non-property.
2. Specific subject composition. Individuals are physical persons, except for a number of cases. Exceptions are cases when the duties of trustees / guardians in relation to children staying in educational, medical and other similar institutions are performed by the administration of these institutions.
3. The inseparability of relations with the personality of the subject. из положений, которые не допускают преемства обязанностей и юридических возможностей. The system of family law consists of provisions that do not allow continuity of duties and legal possibilities. This means that they can not move from one person to another. For example, this applies to alimentary obligations. The subject can not transfer them to another person.
4. Gratuitousness.
5. Presence of legal facts requiring state registration, for the emergence of relations.

It is worth saying that not all of the above characteristics can be considered unconditional. Nevertheless, they allow expressing the specifics of relations in the sphere of family law.

An Important Moment

распространяется только на отношения, основанные на официально зарегистрированном браке. The system of family law in the Russian Federation extends only to relations based on officially registered marriage. If a man and a woman have not registered their marriage in the registry office, their property relations are governed by the provisions of the Civil Code. For example, everything acquired by subjects in an official marriage is considered jointly acquired material values. If the relationship is not registered, the owner of the property will be the immediate acquirer of the property or the one who designed it for himself. The official spouse should know that, for example, when acquiring property during the marriage, to make another deal with her later (exchange, sale, etc.), he can only with the consent of the spouse, certified by the notary.

Method of regulation

Due to the fact that family relations have a predominantly personal character, the state impact should not be excessive and cause infringement of the interests and rights of individuals. Meanwhile, there are cases in history where regulation was tough enough. So, for example, in the Roman Empire, August, struggling with demoralization and debauchery, established the universal duty of citizens who had reached a certain age, to enter into marital relations and have children. However, this provision did not exist for long. Today, the method of regulating family relations can be considered dispositive. This is due to the following. In most cases, family relations arise at the mutual desire of the subjects. This, in particular, marriage or divorce, adoption of children, etc. However, there are also relationships that arise against the will of citizens. For example, it concerns forced payment of alimony, deprivation of parental rights, etc. Many issues that were previously regulated by mandatory provisions are now regulated by dispositive acts. In particular, the spouses are given the right to formalize the marriage contract and determine in it the fate of their property. Otherwise, common values will be applied to tangible assets acquired jointly. Meanwhile, the relations under consideration are regulated by mandatory provisions. First of all, such norms provide protection of interests of minors, disabled and other unprotected categories.

Principles

The key provisions on which the system of family law is based are fixed in the Constitution. In addition, the most important principles are fixed by Presidential Decree No. 712 of 12.05.1996. Among them, it should be noted:

1. Autonomy and independence of the family in making decisions regarding their development.
2. Priority of the interests of the child, regardless of the order of his birth and the place where he is brought up.
3. Equality of families and their members in the exercise of the right to support. This principle operates regardless of the social status, place of residence, nationality, religious beliefs of citizens.
4. Equality between women and men. This principle is aimed at ensuring an equitable distribution of responsibilities.
5. Unity of the policy in the sphere of family law at the regional and federal levels.
6. Partnership of the state and spouses.
7. Acceptance by the government of obligations on the unconditional protection of families from deprivation and poverty related to forced relocation, wars, emergencies, armed conflicts.
8. Implement a differentiated approach when providing guarantees aimed at maintaining an acceptable quality of life for disabled relatives.
9. Stability and continuity of public policy measures in the sphere of family law.

Guarantees

Realization of key provisions of the state policy in the sphere of family relations is carried out not only through industry norms, but also in combination with other laws. In particular, the TC establishes guarantees for minors and pregnant women in the performance of their labor functions. The social security norms regulate the procedure and types of benefits for citizens who have children. Thus, the following types of payments are established:

1. On pregnancy and childbirth.
2. A one-time allowance for a woman who has registered for an early period of the prenatal period.
3. Payment at the birth of a child. It is assigned at a time.
4. Allowance for childcare leave for children up to 1.5 years (provided monthly).
5. Other payments.

Conclusion

In the sphere of family relations, no restriction of the rights of subjects is allowed except in accordance with federal legislation. However, it is possible to the extent that it is required to ensure the protection of morality, interests, health of other family members and other persons. So, for example, during the entire period of pregnancy and throughout the year from the date of the birth of the child, the spouse can not file for divorce without the consent of the spouse. Such a prescription is aimed at protecting the interests and health of mothers and children. Citizens who do not perform their duties with regard to a minor child are deprived of parental rights. In these and other similar cases, state policy is aimed at implementing guarantees established in the Constitution and the UK.